Small Aircraft
Air Traffic Control Fully Certified
ATC Issue All Types; Airspace Violation All Types
General None Reported / Taken
Airspace Structure; Human Factors; Procedure
Aircraft departed ROC; filed direct. His route of flight was taking him through the MISTY Military Operations Area (MOA) which was active from 003B490. I was performing OJT and instructed the developmental to call Rochester Approach and tell them he cannot fly through the MISTY. The Approach Controller told us; 'I have advised him of the MISTY and he wants to proceed anyway; it is a restricted area; not a prohibited area.' I said let me seek further clarification and call you back. I asked our Supervisor who in turned called our military desk. The military desk could not give a timely answer by the time the aircraft was at our boundary so I made a decision based on the fact we are aware when aircraft are in the MOA; there was presently no aircraft in the MOA and the 7110.65 allows for IFR aircraft to fly through Military Operations Area if IFR separation can be provided. Since no aircraft were in the MOA; IFR separation was provided as the aircraft traversed through the MOA. The military desk called when the aircraft was half way through the MOA and said he cannot go in there. The Supervisor suggested we turn him out but the fastest way out was to continue on course. It is questionable whether a violation occurred since IFR separation was provided the entire time; but it could come down to an interpretation of the rule so I am filing this report.
ZOB Controller described a probable MOA incursion event involving an IFR aircraft electing to transverse the area; the reporter questioning the applicable procedures involved in this instance.