Flight crew of an medium large transport squawks emergency and turns off assigned track to avoid sev...

Attributes
ACN	294109
Time
Date	199501
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : hou
State Reference	TX
Altitude	msl bound lower : 28000 msl bound upper : 28000
Environment
Flight Conditions	IMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zhu tracon : las
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	cruise other other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 250 flight time total : 17000 flight time type : 14000
ASRS Report	294109
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	inflight encounter : weather non adherence : clearance other anomaly other other anomaly other other spatial deviation
Independent Detector	other flight crewa
Resolutory Action	controller : issued new clearance flight crew : exited penetrated airspace flight crew : declared emergency other
Consequence	Other
Supplementary
Primary Problem	Weather
Air Traffic Incident	Pilot Deviation

Narrative:

On the way from hou to msy, we had to traverse a severe line of WX which went above 30000 ft. When we returned to hou, we were initially given FL250. I informed the controller at that time, that we would need at least FL350 to clear the severe WX. The controller reclred us to FL280. We were given a frequency change to a new controller. The new controller seemed to have all he could handle with several aircraft calling needing deviations because of the WX ahead. At one point, there was a rescue aircraft on frequency trying to communicate, with little response. Eventually, the rescue aircraft left frequency. At 80 mi downwind of the leading edge of the WX system, we started getting light chop. By the time we got to 40 mi away, this had turned to continuous moderate turbulence. We had tried to contact center a number of times for a deviation to parallel the WX. Numerous aircraft had also been trying to contact center with little response. At least 1 aircraft ahead had initiated a deviation on his own, broadcasting in the blind. When we could not raise center, and I feared that the next level of turbulence would be severe, I initiated a deviation to the south, and squawked 7700 on the transponder. Almost immediately, the same controller came up on frequency and told us to return to our original code. I informed him of what we were doing and the reasons. The WX system continued well into the gulf of mexico. As soon as I felt we had cleared eastbound traffic conflicts, I asked for FL350. We were cleared to it. We found a place to cross the WX system at FL350, but even then, we had to go between cells. The rest of the flight to hou was normal. I feel that there might have been some task saturation with ARTCC. Maybe not. The need to deviate in the vicinity of severe WX taxes the air traffic controller to the limit. If this is not simulated in the training environment, then it should be. The final solution should not be to declare an emergency to avoid WX.

Original NASA ASRS Text

Title: FLC OF AN MLG SQUAWKS EMER AND TURNS OFF ASSIGNED TRACK TO AVOID SEVERE WX RESULTING IN PENETRATION OF COASTAL ADIZ AIRSPACE.

Narrative: ON THE WAY FROM HOU TO MSY, WE HAD TO TRAVERSE A SEVERE LINE OF WX WHICH WENT ABOVE 30000 FT. WHEN WE RETURNED TO HOU, WE WERE INITIALLY GIVEN FL250. I INFORMED THE CTLR AT THAT TIME, THAT WE WOULD NEED AT LEAST FL350 TO CLR THE SEVERE WX. THE CTLR RECLRED US TO FL280. WE WERE GIVEN A FREQ CHANGE TO A NEW CTLR. THE NEW CTLR SEEMED TO HAVE ALL HE COULD HANDLE WITH SEVERAL ACFT CALLING NEEDING DEVS BECAUSE OF THE WX AHEAD. AT ONE POINT, THERE WAS A RESCUE ACFT ON FREQ TRYING TO COMMUNICATE, WITH LITTLE RESPONSE. EVENTUALLY, THE RESCUE ACFT LEFT FREQ. AT 80 MI DOWNWIND OF THE LEADING EDGE OF THE WX SYS, WE STARTED GETTING LIGHT CHOP. BY THE TIME WE GOT TO 40 MI AWAY, THIS HAD TURNED TO CONTINUOUS MODERATE TURB. WE HAD TRIED TO CONTACT CTR A NUMBER OF TIMES FOR A DEV TO PARALLEL THE WX. NUMEROUS ACFT HAD ALSO BEEN TRYING TO CONTACT CTR WITH LITTLE RESPONSE. AT LEAST 1 ACFT AHEAD HAD INITIATED A DEV ON HIS OWN, BROADCASTING IN THE BLIND. WHEN WE COULD NOT RAISE CTR, AND I FEARED THAT THE NEXT LEVEL OF TURB WOULD BE SEVERE, I INITIATED A DEV TO THE S, AND SQUAWKED 7700 ON THE XPONDER. ALMOST IMMEDIATELY, THE SAME CTLR CAME UP ON FREQ AND TOLD US TO RETURN TO OUR ORIGINAL CODE. I INFORMED HIM OF WHAT WE WERE DOING AND THE REASONS. THE WX SYS CONTINUED WELL INTO THE GULF OF MEXICO. AS SOON AS I FELT WE HAD CLRED EBOUND TFC CONFLICTS, I ASKED FOR FL350. WE WERE CLRED TO IT. WE FOUND A PLACE TO CROSS THE WX SYS AT FL350, BUT EVEN THEN, WE HAD TO GO BTWN CELLS. THE REST OF THE FLT TO HOU WAS NORMAL. I FEEL THAT THERE MIGHT HAVE BEEN SOME TASK SATURATION WITH ARTCC. MAYBE NOT. THE NEED TO DEVIATE IN THE VICINITY OF SEVERE WX TAXES THE AIR TFC CTLR TO THE LIMIT. IF THIS IS NOT SIMULATED IN THE TRAINING ENVIRONMENT, THEN IT SHOULD BE. THE FINAL SOLUTION SHOULD NOT BE TO DECLARE AN EMER TO AVOID WX.

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.

Flight crew of an medium large transport squawks emergency and turns off assigned track to avoid severe WX resulting in penetration of coastal ADIZ airspace.