Date: 201512
Local time of day: 1201-1800
Location: ZMA.ARTCC, FL
Aircraft: B737 Undifferentiated or Other Model
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Cruise
Airspace: Special Use OCEANIC
ATC / advisory: Center ZMA
Reporter organization: Government
Reporter function: Enroute; Oceanic
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Communication Breakdown; Situational Awareness
Anomaly: ATC Issue All Types; Airspace Violation All Types; Conflict Airborne Conflict; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural Published Material / Policy; Inflight Event / Encounter Weather / Turbulence
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Air Traffic Control Separated Traffic; Air Traffic Control Provided Assistance; Air Traffic Control Issued New Clearance
Contributing factors: ATC Equipment / Nav Facility / Buildings; Weather; Procedure; Human Factors; Airspace Structure
Primary problem: Airspace Structure

Narrative: Aircraft X asked for 10 degrees deviation left of course due to weather build ups. I assigned 10 degrees left no further then 77W due to New York Centers Oceanic Airspace. Aircraft X was descended to 34;000 feet for crossing traffic as neither could accept higher and crossing traffic was coordinated non radar out of SUMRS at 36;000 feet. Once aircraft were clear; I climbed Aircraft X to 36;000 feet. I saw that he was going pretty far east; questioned him again to which he replied roger no further East then 77W. I coordinated with Sector 59 he was deviating and that I would call New York ARTCC with a non radar point out.When I called New York ARTCC I told the controller that I had both aircraft in radar coverage and would remain that way. At this point Aircraft X was 44.5 miles south of SUMRS intersection and would go into New York ARTCC airspace for 2 miles before turning back to OMALY intersection as previously cleared. New York ARTCC disapproved the point out saying that he couldn't approve a non radar point out with the aircraft over SUMRS also at 36;000 feet. They remained laterally non-radar/radar separated the entire time. New York ARTCC controller said descending to 35;000 feet was approved but when I attempted to descend Aircraft X he was outside of radio communication range. Several attempts were made with no acknowledgment. I coordinated appropriately with sector 59 and had to relay to Aircraft X to go to frequency 134.8. The aircraft went into New York ARTCC airspace for approximately 1 minute and less than one mile. Supervisor was made aware of the event as he was quick looking on another scope. He went down to sector 59 to have the controller asked the pilot how far east he deviated; the pilot responded with 'we never went east of 76.5W which is actually 10 miles east of my initial clearance for deviation. The pilot was unaware it seems that 77W is further west then 76W.These issues happen increasingly more with ZNY. Some of the newer controllers aren't aware of procedures and that we have radar with aircraft 40 miles or more from our boundary. I know that it's in the works to change our common boundary but a radar/non radar or radar/radar point out is something they call us on all the time and we always approve. Pilots deviate without regard to clearances and nothing ever seems to happen from our end. If he had needed something else for weather etc. he should have ask for clearance.




Synopsis: A Controller at Miami Center Oceanic area reported approving a deviation into New York Center Oceanic Area airspace without coordination; resulting in a potential traffic conflict.