Narrative:

Shortly after departing dtw, our speed was reduced and we were given delay vectors. As we approached ewr, we were given holding instructions at penns intersection (bwz 302/14), with an expect further clearance of PM10, which was approximately 25 mins of holding. The fuel on board at this point was approximately 7800 pounds. We told ZNY that for planning purposes we could not hold after PM10Z (we would be eating into our reserve fuel of 5100 pounds on the medium large transport after this). At approximately PM50Z (20 mins prior to expect further clearance) we were given clearance out of holding and past penns intersection. We switched to approach and there was a great deal of congestion due to the fact that ewr was down to 1 runway. Approach control asked 'what is your fuel in mins?' I told the first officer that we needed to be landing in 25 mins before we were eating into our reserve of 5100 pounds. He told approach control 25 mins per my instructions. We proceeded and, in a few mins the controller stated 'I am declaring you a fuel emergency.' as we were close to the ewr airport and there was a tremendous amount of congestion on the radio, we were not able to correct the controller. We were cleared visual approach and cleared to land on runway 4R. Upon landing, the emergency equipment was standing by at midfield and we were asked if we needed further assistance. We taxied our aircraft to the gate and parked with 6600 pounds of fuel. Clearly, a communication problem existed between our aircraft and ATC. We did not have, nor did we declare, a fuel emergency. We parked with 1500 pounds above our FAA reserve fuel of 5100 pounds. Clearly the controller was asking for our fuel remaining until exhaustion, the fuel remaining that we transmitted to him was the fuel remaining until we would be burning into our 45 min reserve. We should have been more descriptive about our actual fuel status, and will be in the future.

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Original NASA ASRS Text

Title: AN ACR MLG CAUSED TRACON TO DECLARE A FUEL EMER REQUIRING PRIORITY HANDLING.

Narrative: SHORTLY AFTER DEPARTING DTW, OUR SPD WAS REDUCED AND WE WERE GIVEN DELAY VECTORS. AS WE APCHED EWR, WE WERE GIVEN HOLDING INSTRUCTIONS AT PENNS INTXN (BWZ 302/14), WITH AN EXPECT FURTHER CLRNC OF PM10, WHICH WAS APPROX 25 MINS OF HOLDING. THE FUEL ON BOARD AT THIS POINT WAS APPROX 7800 POUNDS. WE TOLD ZNY THAT FOR PLANNING PURPOSES WE COULD NOT HOLD AFTER PM10Z (WE WOULD BE EATING INTO OUR RESERVE FUEL OF 5100 POUNDS ON THE MLG AFTER THIS). AT APPROX PM50Z (20 MINS PRIOR TO EXPECT FURTHER CLRNC) WE WERE GIVEN CLRNC OUT OF HOLDING AND PAST PENNS INTXN. WE SWITCHED TO APCH AND THERE WAS A GREAT DEAL OF CONGESTION DUE TO THE FACT THAT EWR WAS DOWN TO 1 RWY. APCH CTL ASKED 'WHAT IS YOUR FUEL IN MINS?' I TOLD THE FO THAT WE NEEDED TO BE LNDG IN 25 MINS BEFORE WE WERE EATING INTO OUR RESERVE OF 5100 POUNDS. HE TOLD APCH CTL 25 MINS PER MY INSTRUCTIONS. WE PROCEEDED AND, IN A FEW MINS THE CTLR STATED 'I AM DECLARING YOU A FUEL EMER.' AS WE WERE CLOSE TO THE EWR ARPT AND THERE WAS A TREMENDOUS AMOUNT OF CONGESTION ON THE RADIO, WE WERE NOT ABLE TO CORRECT THE CTLR. WE WERE CLRED VISUAL APCH AND CLRED TO LAND ON RWY 4R. UPON LNDG, THE EMER EQUIP WAS STANDING BY AT MIDFIELD AND WE WERE ASKED IF WE NEEDED FURTHER ASSISTANCE. WE TAXIED OUR ACFT TO THE GATE AND PARKED WITH 6600 POUNDS OF FUEL. CLRLY, A COM PROBLEM EXISTED BTWN OUR ACFT AND ATC. WE DID NOT HAVE, NOR DID WE DECLARE, A FUEL EMER. WE PARKED WITH 1500 POUNDS ABOVE OUR FAA RESERVE FUEL OF 5100 POUNDS. CLRLY THE CTLR WAS ASKING FOR OUR FUEL REMAINING UNTIL EXHAUSTION, THE FUEL REMAINING THAT WE XMITTED TO HIM WAS THE FUEL REMAINING UNTIL WE WOULD BE BURNING INTO OUR 45 MIN RESERVE. WE SHOULD HAVE BEEN MORE DESCRIPTIVE ABOUT OUR ACTUAL FUEL STATUS, AND WILL BE IN THE FUTURE.

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.