Narrative:

During climb out we were unable to climb to FL350 due to weight. We requested FL310 with several controllers and were unable due to traffic. As we checked in with ZDC frequency southwest of ord on J121, we requested FL310 or FL350, either by increasing or decreasing our forward speed, so we could get a higher altitude. The controller denied our request due to traffic at FL350 and ZJX wanted 15 NM in-trail into mco. We requested FL310 with same response. We were requesting a higher flight level for better fuel consumption and it was the altitude that the company had filed. We were just looking for higher to reduce our fuel burn from that of FL280. At this time the air traffic controller came up with a non-professional remark of, 'if not, what will happen?' unfortunately,I came with with a very unprofessional remark of, 'well, it might just get quiet up here.' I didn't mean to express myself under this unprofessional condition, but I just wasn't thinking at the time. We only wanted higher altitude to save as much fuel as possible for any en route or arrival delays. At no time were we or did we have a fuel problem, but for some reason we got a vector and a higher altitude after this. I think the poor judgement was made by both of us, with the quality of our words.

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Original NASA ASRS Text

Title: ACR REPORTER DENIED A HIGHER ALT BY ATC IS NOT HAPPY WITH ATC OR HIS REMARKS CONCERNING AN INQUIRY.

Narrative: DURING CLBOUT WE WERE UNABLE TO CLB TO FL350 DUE TO WT. WE REQUESTED FL310 WITH SEVERAL CTLRS AND WERE UNABLE DUE TO TFC. AS WE CHKED IN WITH ZDC FREQ SW OF ORD ON J121, WE REQUESTED FL310 OR FL350, EITHER BY INCREASING OR DECREASING OUR FORWARD SPD, SO WE COULD GET A HIGHER ALT. THE CTLR DENIED OUR REQUEST DUE TO TFC AT FL350 AND ZJX WANTED 15 NM IN-TRAIL INTO MCO. WE REQUESTED FL310 WITH SAME RESPONSE. WE WERE REQUESTING A HIGHER FLT LEVEL FOR BETTER FUEL CONSUMPTION AND IT WAS THE ALT THAT THE COMPANY HAD FILED. WE WERE JUST LOOKING FOR HIGHER TO REDUCE OUR FUEL BURN FROM THAT OF FL280. AT THIS TIME THE AIR TFC CTLR CAME UP WITH A NON-PROFESSIONAL REMARK OF, 'IF NOT, WHAT WILL HAPPEN?' UNFORTUNATELY,I CAME WITH WITH A VERY UNPROFESSIONAL REMARK OF, 'WELL, IT MIGHT JUST GET QUIET UP HERE.' I DIDN'T MEAN TO EXPRESS MYSELF UNDER THIS UNPROFESSIONAL CONDITION, BUT I JUST WASN'T THINKING AT THE TIME. WE ONLY WANTED HIGHER ALT TO SAVE AS MUCH FUEL AS POSSIBLE FOR ANY ENRTE OR ARR DELAYS. AT NO TIME WERE WE OR DID WE HAVE A FUEL PROB, BUT FOR SOME REASON WE GOT A VECTOR AND A HIGHER ALT AFTER THIS. I THINK THE POOR JUDGEMENT WAS MADE BY BOTH OF US, WITH THE QUALITY OF OUR WORDS.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.