Date: 201407
Local time of day: 1201-1800
Location: BOS.Airport, MA
Light: Daylight
Aircraft: Small Aircraft; Low Wing; 2 Eng; Retractable Gear
Operator: Air Carrier
Operating under: Part 121
Flight plan: VFR
Mission: Passenger
Flight phase: Cruise
Airspace: Class B BOS
ATC / advisory: Tower BOS
Second aircraft: Any Unknown or Unlisted Aircraft Manufacturer
Reporter organization: Government
Reporter function: Traffic Management
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Confusion; Communication Breakdown; Distraction; Workload; Troubleshooting; Training / Qualification; Situational Awareness
Anomaly: Airspace Violation All Types; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Separated Traffic
Contributing factors: Human Factors; Procedure; Airspace Structure; Company Policy
Primary problem: Procedure

Narrative: Aircraft X was inside BOS Tower airspace at 1;800 FT (our airspace is up to 2;000 FT) being worked by the TRACON without coordination while we were departing Runway 9 in the land 15R/depart 9 configuration. Aircraft X was flying within the departure area for Runway 9. There was at least one Runway 9 departure that passed close to Aircraft X but I don't remember the call sign. Our jet departures climb to 5;000 FT with automatic releases. The same situation happened later with [a second Company X aircraft] at 1;900 FT and later with [a third Company X aircraft] at 1;900 FT (for some reason I didn't write down the time). Finally with [the third aircraft]; the TRACON attempted an automated point out; but it was initiated at the last second and was not accepted by the appropriate Tower Controller. Also; we are prohibited to coordinate through automated point outs in this case per the current BOS-A90 LOA. [This aircraft] then entered Tower airspace without coordination. After the aircraft was already inside our airspace; the Tower FLM called the TRACON OSI to say the point out was approved. I do not think it is appropriate for an FLM to accept a point out for a control position; especially when it is in an area where our departures are climbing out. Later in the day; [a fourth Company X aircraft] went through BOS Tower airspace at 1;900 FT. When the TRACON Controller was asked what happened; he was adamant that [this aircraft] was not in Tower airspace. Per the BOS-A90 LOA; we very clearly own that airspace up to 2;000 FT. Even if the aircraft were flying up at 2;500 FT in the same area (definitely within TRACON airspace); Tower is climbing to 5;000 FT with departures into that airspace with automatic releases. What kind of separation would be used in this example? Big sky theory separation? This situation has happened numerous times in the past and it's time that something is done about it. I care less about the airspace incursions and more about the real potential for a mid-air collision. When asked in the past; the TRACON has cited their Carrier-LOA VFR arrival routes for the reason they are in our airspace. Apparently; these aircraft expect to enter the Class Bravo airspace at 1;800 FT on certain pre-arranged routes. In particular; the [Specific] route has come up. This is dangerous because:1. It makes certain controllers at the TRACON feel that they are authorized to use our airspace without coordination just because they have a pre-arranged route with [the carrier]. It is worth noting that the Tower is not signatory to the A90-[Carrier] LOA. 2. These aircraft will expect to enter Tower airspace at 1;800 FT in certain cases and be talking to the TRACON. Who came up with this idea in the first place? The [Specific] route set out in the A90-Carrier LOA should have never been created. There may be other unsafe routes contained in the A90-Carrier LOA; but if there are I have not seen them come up. The [Specified] route is an unsafe procedure. These aircraft should never expect it. Nobody should ever use it. It puts these aircraft exactly in the path of our Runway 9 departures. Even if a point-out is appropriately accomplished between the TRACON and Tower; I honestly believe it is an unsafe operation. Remove unsafe routing(s) from A90-Carrier LOA. It is a setup for airspace incursions and even a possible mid-air collision. At the very least; be sure that the TRACON understands they cannot just transit BOS Tower airspace; especially without coordination. I wish we didn't have to remind them of that; but clearly we do. I spoke to the Tower Controller at the time of this incident and he said he had already filed four separate reports on these occurrences because this seems to happen every time we are in the 15/9 configuration. Obviously; the TRACON still doesn't understand. Please act before something happens.




Synopsis: BOS Tower Controller reports of numerous airspace violations that occur related to a specific airline.