Narrative:

Aircraft planned for departure at maximum gross weight 149500 pounds. During cargo loading, a tear was found in the floor seam of the aft cargo compartment and compartment placarded unusable and all aft cargo transferred to front and mid positions. During takeoff at bdl first officer stated that the aircraft was extremely nose heavy during rotation. Initial climb out was slow and passing 29000 ft MSL unable to maintain normal rate of climb and ATC advised. Requested temporary level off at 30000 ft MSL to increase speed for climb. ATC request denied, told to climb to 31000 ft MSL. Continued climb through 30500 ft with airspeed decreasing. Aircraft in icing conditions with sat plus 15 above standard. ATC advised that a return to a lower altitude was required. ATC stated unable. ATC advised that an immediate descent was required or an emergency would be declared for descent. ATC unable. Emergency declared and immediate descent initiated with altitude and heading stated. ATC responded with clearance to lower altitude and heading but did not acknowledge emergency. Control transferred to another frequency and that controller notified of icing altitude and reason for emergency. Through other side of frontal system in VFR conditions aircraft slowly returned to 31000 ft after burning off fuel weight. During final descent to dfw to land, aircraft required full nose up trim for landing. Suspect aircraft loaded outside cargo limits and unable climb/cruise at 31000 ft with sat plus 15 standard. The ATC controller being used to issuing directives was not responsive to our request/requirements in an unusual situation and forced us to declare an emergency to prevent significant/unsafe airspeed decline. After landing the controller never understood that we had declared an emergency but issued the clrncs to lower altitude when he saw us descending on his radar.

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Original NASA ASRS Text

Title: ACR MLG, UNABLE TO CLB TO ASSIGNED ALT, REQUESTS LOWER. ATC UNABLE, PIC DECLARED AN EMER AND IS ASSIGNED LOWER ALT AFTER HDG TRACK ALTDEV.

Narrative: ACFT PLANNED FOR DEP AT MAX GROSS WT 149500 POUNDS. DURING CARGO LOADING, A TEAR WAS FOUND IN THE FLOOR SEAM OF THE AFT CARGO COMPARTMENT AND COMPARTMENT PLACARDED UNUSABLE AND ALL AFT CARGO TRANSFERRED TO FRONT AND MID POSITIONS. DURING TKOF AT BDL FO STATED THAT THE ACFT WAS EXTREMELY NOSE HVY DURING ROTATION. INITIAL CLB OUT WAS SLOW AND PASSING 29000 FT MSL UNABLE TO MAINTAIN NORMAL RATE OF CLB AND ATC ADVISED. REQUESTED TEMPORARY LEVEL OFF AT 30000 FT MSL TO INCREASE SPD FOR CLB. ATC REQUEST DENIED, TOLD TO CLB TO 31000 FT MSL. CONTINUED CLB THROUGH 30500 FT WITH AIRSPD DECREASING. ACFT IN ICING CONDITIONS WITH SAT PLUS 15 ABOVE STD. ATC ADVISED THAT A RETURN TO A LOWER ALT WAS REQUIRED. ATC STATED UNABLE. ATC ADVISED THAT AN IMMEDIATE DSCNT WAS REQUIRED OR AN EMER WOULD BE DECLARED FOR DSCNT. ATC UNABLE. EMER DECLARED AND IMMEDIATE DSCNT INITIATED WITH ALT AND HDG STATED. ATC RESPONDED WITH CLRNC TO LOWER ALT AND HDG BUT DID NOT ACKNOWLEDGE EMER. CTL TRANSFERRED TO ANOTHER FREQ AND THAT CTLR NOTIFIED OF ICING ALT AND REASON FOR EMER. THROUGH OTHER SIDE OF FRONTAL SYS IN VFR CONDITIONS ACFT SLOWLY RETURNED TO 31000 FT AFTER BURNING OFF FUEL WT. DURING FINAL DSCNT TO DFW TO LAND, ACFT REQUIRED FULL NOSE UP TRIM FOR LNDG. SUSPECT ACFT LOADED OUTSIDE CARGO LIMITS AND UNABLE CLB/CRUISE AT 31000 FT WITH SAT PLUS 15 STD. THE ATC CTLR BEING USED TO ISSUING DIRECTIVES WAS NOT RESPONSIVE TO OUR REQUEST/REQUIREMENTS IN AN UNUSUAL SITUATION AND FORCED US TO DECLARE AN EMER TO PREVENT SIGNIFICANT/UNSAFE AIRSPD DECLINE. AFTER LNDG THE CTLR NEVER UNDERSTOOD THAT WE HAD DECLARED AN EMER BUT ISSUED THE CLRNCS TO LOWER ALT WHEN HE SAW US DSNDING ON HIS RADAR.

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.