Air taxi uses emergency authority/authorized to avoid WX.

Attributes
ACN	251661
Time
Date	199309
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : aby
State Reference	GA
Altitude	msl bound lower : 2000 msl bound upper : 3000
Environment
Flight Conditions	Mixed
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zjx tower : aby
Operator	common carrier : air taxi
Make Model Name	Small Transport, Low Wing, 2 Recip Eng
Flight Phase	descent : approach landing : missed approach other
Flight Plan	IFR
Person 1
Affiliation	company : air taxi
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : cfi pilot : commercial
Experience	flight time last 90 days : 350 flight time total : 1800 flight time type : 700
ASRS Report	251661
Person 2
Affiliation	government : faa
Function	controller : radar
Qualification	controller : radar
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : clearance other anomaly other other spatial deviation
Independent Detector	other flight crewa
Resolutory Action	flight crew : declared emergency flight crew : exited adverse environment other other
Consequence	faa : reviewed incident with flight crew
Supplementary
Primary Problem	Weather

Narrative:

I was intercepting final approach for the localizer back course runway 22 approach into albany. 2 mi outside of the final approach fix I advised albany tower that I no longer wanted the approach due to an intense thunderstorm that had developed right inside the final approach fix and extended throughout the whole procedure. I needed to deviate immediately to avoid entering the thunderstorm and the turbulence was moderate and sometimes severe. I told albany tower I need heading 180 degrees and that I was climbing to 3000 ft MSL to stay in the clear. He tried to cancel my IFR, then asked if I was on the missed approach procedure and if I was inside the final approach fix. I told him no and during his questioning I had to exercise emergency authority/authorized and deviate to avoid the most intense WX. I repeated my request and he said 'ok, contact ZJX.' I switched over and told them I was breaking off the approach and advised them I was turning 180 degrees and climbing to 3000 ft. He came back confused and said ok, that's approved, but he said tower hadn't notified him and we had come close to traffic. I believe albany tower was too slow in relaying the information to ZJX.

Original NASA ASRS Text

Title: AIR TAXI USES EMER AUTH TO AVOID WX.

Narrative: I WAS INTERCEPTING FINAL APCH FOR THE LOC BACK COURSE RWY 22 APCH INTO ALBANY. 2 MI OUTSIDE OF THE FINAL APCH FIX I ADVISED ALBANY TWR THAT I NO LONGER WANTED THE APCH DUE TO AN INTENSE TSTM THAT HAD DEVELOPED RIGHT INSIDE THE FINAL APCH FIX AND EXTENDED THROUGHOUT THE WHOLE PROC. I NEEDED TO DEVIATE IMMEDIATELY TO AVOID ENTERING THE TSTM AND THE TURB WAS MODERATE AND SOMETIMES SEVERE. I TOLD ALBANY TWR I NEED HDG 180 DEGS AND THAT I WAS CLBING TO 3000 FT MSL TO STAY IN THE CLR. HE TRIED TO CANCEL MY IFR, THEN ASKED IF I WAS ON THE MISSED APCH PROC AND IF I WAS INSIDE THE FINAL APCH FIX. I TOLD HIM NO AND DURING HIS QUESTIONING I HAD TO EXERCISE EMER AUTH AND DEVIATE TO AVOID THE MOST INTENSE WX. I REPEATED MY REQUEST AND HE SAID 'OK, CONTACT ZJX.' I SWITCHED OVER AND TOLD THEM I WAS BREAKING OFF THE APCH AND ADVISED THEM I WAS TURNING 180 DEGS AND CLBING TO 3000 FT. HE CAME BACK CONFUSED AND SAID OK, THAT'S APPROVED, BUT HE SAID TWR HADN'T NOTIFIED HIM AND WE HAD COME CLOSE TO TFC. I BELIEVE ALBANY TWR WAS TOO SLOW IN RELAYING THE INFO TO ZJX.

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.