Narrative:

The flight was in cruise at FL310 approaching the zuni VOR from the east. WX was high cirrus with building cumulonimbus 5000-10000 ft above our flight level. The center controller had assigned us a 230 degree heading to intercept the zuni 242 degree radial west of zuni on the fossl 3 arrival to phoenix. The controller and the radio frequency were extremely busy throughout this entire period. The 230 degree assigned heading was taking us into the center of a level 2 thunderstorm with tops above FL390. We attempted to call the controller to inform him we needed to deviate to a 215-220 degree heading for the thunderstorm but could not get through because of the volume of radio transmission. We waited as long as we could and then turned to a 220 degree heading for safety reasons. We had just rolled out on the 220 degree heading when the controller asked us our heading. We immediately informed him and he gave us an immediate descent to FL280 and return to the 230 degree heading. This was to deconflict with eastbound traffic at FL310. We commenced a descent at 2000- 3000 FPM and turned back to 230 degree heading into the southern edge of the cumulonimbus. We had the conflicting traffic in sight throughout, and the other aircraft reported us in sight. The estimated passing distance was 1500-2000 ft vertically and 4-5 mi horizontal. Throughout this maneuver we did not receive either a resolution or an alert on the TCASII. The center controller did not inform us whether his alert sounded or not. Factors involved: extensive traffic and radio saturation. Extensive thunderstorms in the area and eastbound traffic at incorrect flight level.

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Original NASA ASRS Text

Title: NON ADHERENCE TO ATC CLRNC BY ACR FLC AS THEY ATTEMPT TO AVOID TSTM ACTIVITY BY CREATING A HDG TRACK DEV.

Narrative: THE FLT WAS IN CRUISE AT FL310 APCHING THE ZUNI VOR FROM THE E. WX WAS HIGH CIRRUS WITH BUILDING CUMULONIMBUS 5000-10000 FT ABOVE OUR FLT LEVEL. THE CTR CTLR HAD ASSIGNED US A 230 DEG HDG TO INTERCEPT THE ZUNI 242 DEG RADIAL W OF ZUNI ON THE FOSSL 3 ARR TO PHOENIX. THE CTLR AND THE RADIO FREQ WERE EXTREMELY BUSY THROUGHOUT THIS ENTIRE PERIOD. THE 230 DEG ASSIGNED HDG WAS TAKING US INTO THE CTR OF A LEVEL 2 TSTM WITH TOPS ABOVE FL390. WE ATTEMPTED TO CALL THE CTLR TO INFORM HIM WE NEEDED TO DEVIATE TO A 215-220 DEG HDG FOR THE TSTM BUT COULD NOT GET THROUGH BECAUSE OF THE VOLUME OF RADIO XMISSION. WE WAITED AS LONG AS WE COULD AND THEN TURNED TO A 220 DEG HDG FOR SAFETY REASONS. WE HAD JUST ROLLED OUT ON THE 220 DEG HDG WHEN THE CTLR ASKED US OUR HDG. WE IMMEDIATELY INFORMED HIM AND HE GAVE US AN IMMEDIATE DSCNT TO FL280 AND RETURN TO THE 230 DEG HDG. THIS WAS TO DECONFLICT WITH EBOUND TFC AT FL310. WE COMMENCED A DSCNT AT 2000- 3000 FPM AND TURNED BACK TO 230 DEG HDG INTO THE SOUTHERN EDGE OF THE CUMULONIMBUS. WE HAD THE CONFLICTING TFC IN SIGHT THROUGHOUT, AND THE OTHER ACFT RPTED US IN SIGHT. THE ESTIMATED PASSING DISTANCE WAS 1500-2000 FT VERTLY AND 4-5 MI HORIZ. THROUGHOUT THIS MANEUVER WE DID NOT RECEIVE EITHER A RESOLUTION OR AN ALERT ON THE TCASII. THE CTR CTLR DID NOT INFORM US WHETHER HIS ALERT SOUNDED OR NOT. FACTORS INVOLVED: EXTENSIVE TFC AND RADIO SATURATION. EXTENSIVE TSTMS IN THE AREA AND EBOUND TFC AT INCORRECT FLT LEVEL.

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.