Narrative:

While en route to mdw from dca, approximately 10 mi from gsh VOR on J60, I was informed by chicago ATC that would have to hold at gsh, FL240, with an efc of (25 mins in holding) xx:30Z. We entered holding at gsh as directed. We immediately contacted midway flight control, informing them we would not be able to hold at gsh until our efc time, because we had only 6300 pounds fuel on board. We then stated our intentions to go to south bend to wait out the traffic saturation period (reason given by ATC for holding). Flight control told us they didn't want us to go to south bend, that they wanted the airplane at midway, and would try to get priority for us from ATC. They did so. After only one turn in holding, ATC gave us priority into midway. ATC then advised us they were aware of our fuel situation and had set up emergency procedures for us. I told them that I had not declared an emergency, did not expect emergency handling. I also told them that I had merely advised midway flight control that I would either have to go to south bend (if I'd had to hold for several more mins) or continue to midway with no holding. I stressed that I was not declaring an emergency. They (ATC) told me to proceed to midway immediately anyway, that I had priority, and emergency procedures had been set up for my arrival. I did proceed to midway, landed uneventfully with 4300 pounds fuel on board. Standard company planned arrival fuel to 4000 pounds. I landed with 4300 pounds fuel. Supplemental information from acn 159647. We had been dispatched with min legal fuel. WX at mdw was good VFR and expected to stay that way and no other known reasons for delays. Approaching gsh VOR, were told to slow and expect hold. At that time our fuel was approximately 6000 pounds and captain decided, wisely, we would be fuel critical if we held the 30 min and then proceeded mdw. I was flying. Captain called company and told them situation and his intentions to divert to sbn for fuel. Company informed captain they, company, would try to get us priority handling. After captain finished talking to company, we were turning inbound second turn in holding. Captain informed center we needed to divert to sbn. Center informed us we were now cleared direct to cgt direct mdw if we wanted it. We took that routing. On switch over to chicago approach, approach asked if we were declaring an emergency. Told them no. An interesting conversation then took place regarding our fuel. The expression fuel critical was used. Finally approach informed us fuel critical was an emergency and they were declaring an emergency. Cause: somewhere somebody used the phrase fuel critical. If fuel critical means you have an emergency then definitely we were not fuel critical. I think min fuel would have been more appropriate in our situation.

Related reports:

Google
 

Original NASA ASRS Text

Title: MISINTERPRETATION BETWEEN PLT, CTLR, AND COMPANY ON THE TERM 'FUEL CRITICAL' CAUSED THE CTLR TO HANDLE ACFT AS AN EMERGENCY ALONG WITH EQUIPMENT STANDING BY DURING LNDG.

Narrative: WHILE ENRTE TO MDW FROM DCA, APPROX 10 MI FROM GSH VOR ON J60, I WAS INFORMED BY CHICAGO ATC THAT WOULD HAVE TO HOLD AT GSH, FL240, WITH AN EFC OF (25 MINS IN HOLDING) XX:30Z. WE ENTERED HOLDING AT GSH AS DIRECTED. WE IMMEDIATELY CONTACTED MIDWAY FLT CTL, INFORMING THEM WE WOULD NOT BE ABLE TO HOLD AT GSH UNTIL OUR EFC TIME, BECAUSE WE HAD ONLY 6300 LBS FUEL ON BOARD. WE THEN STATED OUR INTENTIONS TO GO TO SOUTH BEND TO WAIT OUT THE TFC SATURATION PERIOD (REASON GIVEN BY ATC FOR HOLDING). FLT CTL TOLD US THEY DIDN'T WANT US TO GO TO SOUTH BEND, THAT THEY WANTED THE AIRPLANE AT MIDWAY, AND WOULD TRY TO GET PRIORITY FOR US FROM ATC. THEY DID SO. AFTER ONLY ONE TURN IN HOLDING, ATC GAVE US PRIORITY INTO MIDWAY. ATC THEN ADVISED US THEY WERE AWARE OF OUR FUEL SIT AND HAD SET UP EMER PROCS FOR US. I TOLD THEM THAT I HAD NOT DECLARED AN EMER, DID NOT EXPECT EMER HANDLING. I ALSO TOLD THEM THAT I HAD MERELY ADVISED MIDWAY FLT CTL THAT I WOULD EITHER HAVE TO GO TO SOUTH BEND (IF I'D HAD TO HOLD FOR SEVERAL MORE MINS) OR CONTINUE TO MIDWAY WITH NO HOLDING. I STRESSED THAT I WAS NOT DECLARING AN EMER. THEY (ATC) TOLD ME TO PROCEED TO MIDWAY IMMEDIATELY ANYWAY, THAT I HAD PRIORITY, AND EMER PROCS HAD BEEN SET UP FOR MY ARR. I DID PROCEED TO MIDWAY, LANDED UNEVENTFULLY WITH 4300 LBS FUEL ON BOARD. STANDARD COMPANY PLANNED ARR FUEL TO 4000 LBS. I LANDED WITH 4300 LBS FUEL. SUPPLEMENTAL INFO FROM ACN 159647. WE HAD BEEN DISPATCHED WITH MIN LEGAL FUEL. WX AT MDW WAS GOOD VFR AND EXPECTED TO STAY THAT WAY AND NO OTHER KNOWN REASONS FOR DELAYS. APCHING GSH VOR, WERE TOLD TO SLOW AND EXPECT HOLD. AT THAT TIME OUR FUEL WAS APPROX 6000 LBS AND CAPT DECIDED, WISELY, WE WOULD BE FUEL CRITICAL IF WE HELD THE 30 MIN AND THEN PROCEEDED MDW. I WAS FLYING. CAPT CALLED COMPANY AND TOLD THEM SIT AND HIS INTENTIONS TO DIVERT TO SBN FOR FUEL. COMPANY INFORMED CAPT THEY, COMPANY, WOULD TRY TO GET US PRIORITY HANDLING. AFTER CAPT FINISHED TALKING TO COMPANY, WE WERE TURNING INBND SEC TURN IN HOLDING. CAPT INFORMED CTR WE NEEDED TO DIVERT TO SBN. CTR INFORMED US WE WERE NOW CLRED DIRECT TO CGT DIRECT MDW IF WE WANTED IT. WE TOOK THAT RTING. ON SWITCH OVER TO CHICAGO APCH, APCH ASKED IF WE WERE DECLARING AN EMER. TOLD THEM NO. AN INTERESTING CONVERSATION THEN TOOK PLACE REGARDING OUR FUEL. THE EXPRESSION FUEL CRITICAL WAS USED. FINALLY APCH INFORMED US FUEL CRITICAL WAS AN EMER AND THEY WERE DECLARING AN EMER. CAUSE: SOMEWHERE SOMEBODY USED THE PHRASE FUEL CRITICAL. IF FUEL CRITICAL MEANS YOU HAVE AN EMER THEN DEFINITELY WE WERE NOT FUEL CRITICAL. I THINK MIN FUEL WOULD HAVE BEEN MORE APPROPRIATE IN OUR SIT.

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.