EMB ERJ 145 ER/LR
Air Traffic Control Fully Certified
Situational Awareness; Communication Breakdown
Deviation - Altitude Excursion From Assigned Altitude; Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy; Deviation / Discrepancy - Procedural Clearance
General None Reported / Taken
Human Factors; Procedure
While working the West departure gate with new RNAV SIDs in use; Air Carrier X checked on frequency climbing to 100 on the BAYLR SID. I RADAR identified the aircraft and instructed the pilot to comply with restrictions; maintain FL230 (standard phraseology according to Local Management.) Shortly after; the pilot asked me to verify he was cleared up to FL230 and he was again instructed to comply with restrictions. The pilot acknowledged the clearance and several RADAR sweeps later I observed the aircraft climb through 100 prior to HURDL (crossing restriction at HURDL -100.) Arrival traffic was issued and Air Carrier X reported them in sight; I instructed Air Carrier X to maintain visual separation with the arrival and continue his climb to FL230. Although visual separation was being applied; it didn't appear that standard RADAR separation was ever lost. I notified the FLM on duty and a RNAV SID Testing Tracker form was filled out. Several days later I was asked by Management to fill out a Controller Statement for a possible pilot deviation. I believe part of the problem is the crossing restrictions on the BAYLR SID. When departing South; the first altitude restriction is; +80 at YORVT to protect for BKF airspace; the following restriction is -100 at HURDL. I think the pilots may be concentrating on crossing YORVT at or above 080 not realizing they are restricted below 100 at the next RNAV fix. I have had other aircraft on this SID with the same deviation. Another contributing factor may be assigning the pilots 100 on their initial clearance; [and] then climbing them to FL230. I am not certain; but I have been told that if the pilot has the FMS in the cockpit set for 100 then changes the altitude to FL230 without saving the VNAV portion of the SID; all the crossing restrictions are dropped out. Perhaps it would be a more predictable operation if the aircraft were cleared to FL230 from the Tower to climb via the RNAV SID; thus eliminating an altitude change in their FMS.
D01 Controller described an altitude crossing event indicating the initial clearance issued by the Tower; phraseology and programming procedures might have contributed to the event.