Narrative:

Departed milan at XY40Z on a flight plan that called for 8 hours and 34 mins en route and a landing fuel of 4170 pounds. After a long taxi got airborne with about 28300 pounds of fuel versus a flight plan assumed departure fuel of 29000 pounds. Climbed to FL390 initially. Did fuel actually used versus flight planned use checks at ensuing waypoints and seemed to be reducing the difference. Elapsed flight time compared to estimated time was within 2-5 mins over several waypoints. Although temperatures were at international standard atmosphere plus and even hotter than projected on the flight plan, we climbed to FL430 1 waypoint sooner than suggested and made our atlantic crossing at FL430 and mach .80. In the vicinity of gander, with the temperature getting even warmer we discussed asking the first united states controller to please try to let us stay high as long as possible, since the unforecasted hotter temperatures were affecting our fuel burn. We then did this as soon as we were turned over ZBW. We had been cleared direct to alb and at about 275 mi from destination were told to cross 25 northeast of alb at FL240. I'm not sure if I said at this time if this clearance would hurt our fuel status or not, but I did ask if we could possibly remain higher any longer. ZBW didn't change the clearance limit or altitude but did say we could descend to that point at pilot's discretion. When we leveled at FL240 we were concerned about our landing fuel but still confident we could make it to teb without problems. At about 165 mi from teb we were told to descend from FL240 to 16000 ft. I told the controller we would comply but doing so would necessitate our have to choose another destination due to our fuel status. We then were allowed to remain at FL230. Conversation ensued between this controller who left us at FL230 and, I think, 2 handoffs (still with ZBW) about options and what I wanted to do. I said I may have to go to alb if we were forced to descend more. At 1 point, it was suggested that stewart was open to us (I assumed they meant newburg, ny) and I said we didn't want to or need to go there. One of the ZBW controllers asked if we were declaring an emergency and I said we were not. They asked if we understood that there was a difference between an emergency, a critical fuel state and (I think) low fuel. I again responded that we did not have an emergency, we were not in a critical fuel state and that if we could not stay at altitude, we would simply be unable to get to teb and have to pick another airport because of low fuel. I still had options! I preferred to go to teb, but not if it meant arriving with insufficient fuel. As it became apparent we could make teb, I so stated that and thanked center for their efforts. Prior to leaving ZBW the center controller stated that he understood it was all right to either wave off or call off the crash and emergency vehicles at teb. I said certainly, as we are not declaring an emergency. We were handed off to ny approach control and I think they cleared us to 13000 ft and direct teb. A second approach controller then cleared us for a visual straight-in to runway 19. We were surprised to see the crash vehicles based on our confirmation of no emergency with ZBW. We landed with 3500 pounds of fuel and, after taxi, shut down with 3300 pounds. Actual flight time was 8 hours and 39 mins. Prevention or correction: controllers should hear pilots correctly when they say they are not declaring an emergency. Fuel status concerns would not have been an issue had we not been issued a descent clearance 275 mi from destination. 150-125 is more like we want and plan for. Traffic did not seem that heavy. After the incident at jfk, the FAA seemed to encourage pilots to alert them before an emergency arises. We did that and they still wanted to turn it into an emergency.

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Original NASA ASRS Text

Title: CPR PLT VOICES HIS FRUSTRATION OVER ARTCC RADAR CTLR'S TECHNIQUE ATC COM IN ESTABLISHING A LOW FUEL STATE FOR HIS FLT FROM EUROPE.

Narrative: DEPARTED MILAN AT XY40Z ON A FLT PLAN THAT CALLED FOR 8 HRS AND 34 MINS ENRTE AND A LNDG FUEL OF 4170 LBS. AFTER A LONG TAXI GOT AIRBORNE WITH ABOUT 28300 LBS OF FUEL VERSUS A FLT PLAN ASSUMED DEP FUEL OF 29000 LBS. CLBED TO FL390 INITIALLY. DID FUEL ACTUALLY USED VERSUS FLT PLANNED USE CHKS AT ENSUING WAYPOINTS AND SEEMED TO BE REDUCING THE DIFFERENCE. ELAPSED FLT TIME COMPARED TO ESTIMATED TIME WAS WITHIN 2-5 MINS OVER SEVERAL WAYPOINTS. ALTHOUGH TEMPS WERE AT INTL STANDARD ATMOSPHERE PLUS AND EVEN HOTTER THAN PROJECTED ON THE FLT PLAN, WE CLBED TO FL430 1 WAYPOINT SOONER THAN SUGGESTED AND MADE OUR ATLANTIC XING AT FL430 AND MACH .80. IN THE VICINITY OF GANDER, WITH THE TEMP GETTING EVEN WARMER WE DISCUSSED ASKING THE FIRST UNITED STATES CTLR TO PLEASE TRY TO LET US STAY HIGH AS LONG AS POSSIBLE, SINCE THE UNFORECASTED HOTTER TEMPS WERE AFFECTING OUR FUEL BURN. WE THEN DID THIS AS SOON AS WE WERE TURNED OVER ZBW. WE HAD BEEN CLRED DIRECT TO ALB AND AT ABOUT 275 MI FROM DEST WERE TOLD TO CROSS 25 NE OF ALB AT FL240. I'M NOT SURE IF I SAID AT THIS TIME IF THIS CLRNC WOULD HURT OUR FUEL STATUS OR NOT, BUT I DID ASK IF WE COULD POSSIBLY REMAIN HIGHER ANY LONGER. ZBW DIDN'T CHANGE THE CLRNC LIMIT OR ALT BUT DID SAY WE COULD DSND TO THAT POINT AT PLT'S DISCRETION. WHEN WE LEVELED AT FL240 WE WERE CONCERNED ABOUT OUR LNDG FUEL BUT STILL CONFIDENT WE COULD MAKE IT TO TEB WITHOUT PROBS. AT ABOUT 165 MI FROM TEB WE WERE TOLD TO DSND FROM FL240 TO 16000 FT. I TOLD THE CTLR WE WOULD COMPLY BUT DOING SO WOULD NECESSITATE OUR HAVE TO CHOOSE ANOTHER DEST DUE TO OUR FUEL STATUS. WE THEN WERE ALLOWED TO REMAIN AT FL230. CONVERSATION ENSUED BTWN THIS CTLR WHO LEFT US AT FL230 AND, I THINK, 2 HDOFS (STILL WITH ZBW) ABOUT OPTIONS AND WHAT I WANTED TO DO. I SAID I MAY HAVE TO GO TO ALB IF WE WERE FORCED TO DSND MORE. AT 1 POINT, IT WAS SUGGESTED THAT STEWART WAS OPEN TO US (I ASSUMED THEY MEANT NEWBURG, NY) AND I SAID WE DIDN'T WANT TO OR NEED TO GO THERE. ONE OF THE ZBW CTLRS ASKED IF WE WERE DECLARING AN EMER AND I SAID WE WERE NOT. THEY ASKED IF WE UNDERSTOOD THAT THERE WAS A DIFFERENCE BTWN AN EMER, A CRITICAL FUEL STATE AND (I THINK) LOW FUEL. I AGAIN RESPONDED THAT WE DID NOT HAVE AN EMER, WE WERE NOT IN A CRITICAL FUEL STATE AND THAT IF WE COULD NOT STAY AT ALT, WE WOULD SIMPLY BE UNABLE TO GET TO TEB AND HAVE TO PICK ANOTHER ARPT BECAUSE OF LOW FUEL. I STILL HAD OPTIONS! I PREFERRED TO GO TO TEB, BUT NOT IF IT MEANT ARRIVING WITH INSUFFICIENT FUEL. AS IT BECAME APPARENT WE COULD MAKE TEB, I SO STATED THAT AND THANKED CTR FOR THEIR EFFORTS. PRIOR TO LEAVING ZBW THE CTR CTLR STATED THAT HE UNDERSTOOD IT WAS ALL RIGHT TO EITHER WAVE OFF OR CALL OFF THE CRASH AND EMER VEHICLES AT TEB. I SAID CERTAINLY, AS WE ARE NOT DECLARING AN EMER. WE WERE HANDED OFF TO NY APCH CTL AND I THINK THEY CLRED US TO 13000 FT AND DIRECT TEB. A SECOND APCH CTLR THEN CLRED US FOR A VISUAL STRAIGHT-IN TO RWY 19. WE WERE SURPRISED TO SEE THE CRASH VEHICLES BASED ON OUR CONFIRMATION OF NO EMER WITH ZBW. WE LANDED WITH 3500 POUNDS OF FUEL AND, AFTER TAXI, SHUT DOWN WITH 3300 POUNDS. ACTUAL FLT TIME WAS 8 HRS AND 39 MINS. PREVENTION OR CORRECTION: CTLRS SHOULD HEAR PLTS CORRECTLY WHEN THEY SAY THEY ARE NOT DECLARING AN EMER. FUEL STATUS CONCERNS WOULD NOT HAVE BEEN AN ISSUE HAD WE NOT BEEN ISSUED A DSCNT CLRNC 275 MI FROM DEST. 150-125 IS MORE LIKE WE WANT AND PLAN FOR. TFC DID NOT SEEM THAT HVY. AFTER THE INCIDENT AT JFK, THE FAA SEEMED TO ENCOURAGE PLTS TO ALERT THEM BEFORE AN EMER ARISES. WE DID THAT AND THEY STILL WANTED TO TURN IT INTO AN EMER.

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.