Large Transport
Air Traffic Control Fully Certified
Air Traffic Control Time Certified In Pos 1 (yrs) 34
Communication Breakdown; Confusion; Situational Awareness; Training / Qualification
ATC Issue All Types; Airspace Violation All Types; Deviation / Discrepancy - Procedural Published Material / Policy
Air Traffic Control Issued Advisory / Alert
Airspace Structure; Procedure; Chart Or Publication
An aircraft was enroute on an Open Skies route. One of the routes that was approved at 10;000 feet; is through an area with a Minimum IFR Altitude (MIA) of 16;000 feet. The route clips the MIA and enters for approximately 5 miles along its route. I advised the aircraft that the route has a minimum IFR altitude of 16;000 feet and that he would have to turn 15 degrees right to avoid the area otherwise he must climb to 16;000 feet. The aircraft replied that he would like to stay on route and altitude because he is in 'good visual and good VMC conditions'; I told him to turn to a heading of 360 degrees because of the minimum IFR altitude of 16;000 feet. He again replied he was in 'good VFR and VMC conditions'. The aircraft proceeded on route and was in the 16;000 MIA area for approximately 1 minute.It appears that the 'Open Skies' procedure is something we do not do very often and although we asked for a briefing upon hearing it was happening on the same day (we did receive a brief). As a facility we should have a binder or a briefing checklist that can review the items of note. After the incident I noticed that the 7110.65 does not extensively cover the 'Open skies' procedures. It could be helpful to have a briefing once a year then prior to the procedure have another briefing that would cover the items of note; such as leaving the aircraft on its route and altitude unless it is a safety issue; there seems to be conflicting notes between the 7110.65/Open Skies agreement and another order that was brought up.
A Controller was working an aircraft flying under the Open Skies procedure. In this case the route was below the minimum IFR altitude for a short period. The Controller advised the aircraft twice and issued a vector off course. The aircraft refused and stayed on its route advising the Controller they were in VMC. The reporter feels the controllers are not trained and briefed sufficiently to work aircraft on this procedure.