An air carrier inbound to ewr and maintaining 9000 ft was issued radar vectors and delayed for appro...

Attributes
ACN	371569
Time
Date	199706
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : ewr
State Reference	NJ
Altitude	msl bound lower : 8500 msl bound upper : 9000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	cruise other descent other
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : flight engineer pilot : cfi pilot : atp
Experience	flight time last 90 days : 100 flight time total : 17000 flight time type : 6000
ASRS Report	371569
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 180 flight time total : 5000 flight time type : 700
ASRS Report	371570
Events
Anomaly	altitude deviation : excursion from assigned altitude non adherence : clearance other anomaly other
Independent Detector	other controllera
Resolutory Action	flight crew : returned to intended course or assigned course other
Consequence	Other
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

During descent at requested ATC speed of 290 KIAS nyc approach cleared us to cross sweet intersection at 7000 ft MSL. During descent ATC requested us to slow to 250 KIAS at approximately 12000 ft MSL. Descent was shallowed and speed brakes (spoilers) were deployed to help slow and go down. ATC asked if we would be able to make the crossing restr which we replied that we would be unable. We were then turned and told to maintain 9000 ft MSL. ATC vectored us around for some 20 mins before turning us back in and clearing us for the williamsport STAR. We were still at 9000 ft MSL. I asked the first officer to ask if we were cleared to 7000 ft to which he replied that we were cleared on the arrival thus we were cleared to 7000 ft. I again asked him to double-check to which he did. I had in the meantime begun a shallow descent to 7000 ft as not to be too high once again. (Descent at 300 FPM.) the controller replied that our last assigned altitude was 9000 ft MSL to which I started an immediate climb back to 9000 ft from approximately 8500 ft. No conflicts developed because of this deviation. I personally feel like: 1) we were being punished by ATC. 2) my passenger were being punished. 3) that the controller set us up as I had asked for ATC's phone # earlier. 4) his (the controller) phraseology was poor in that when clearing us he should have stated 'cleared to rejoin the williamsport arrival maintain 9000 ft.' supplemental information from acn 371570: after vectoring for 20 mins ATC cleared us for the williamsport arrival. I told the captain to make sweet at 7000 ft and he began a slow descent. Then reread approach STAR and saw 'expect' sweet at 7000 ft and we were not actually given 'sweet' at 7000 ft. We asked ATC what altitude he wanted and he said 9000 ft but now cross sweet at 7000 ft. We were already at 8500 ft by this time. We were upset at the 20 min vector and felt we were being penalized for not initially being able to make the crossing restr.

Original NASA ASRS Text

Title: AN ACR INBOUND TO EWR AND MAINTAINING 9000 FT WAS ISSUED RADAR VECTORS AND DELAYED FOR APPROX 20 MINS WHEN THEY WERE UNABLE TO COMPLY WITH A XING RESTR. LATER WHEN CLRED FOR THE PUBLISHED ARR, THE FLC MISREAD THE EXPECTED ALT FOR A HARD ALT AND STARTED DSCNT. THE CTLR CAUGHT THE DEV AND THE FLT BEGAN A CLB.

Narrative: DURING DSCNT AT REQUESTED ATC SPD OF 290 KIAS NYC APCH CLRED US TO CROSS SWEET INTXN AT 7000 FT MSL. DURING DSCNT ATC REQUESTED US TO SLOW TO 250 KIAS AT APPROX 12000 FT MSL. DSCNT WAS SHALLOWED AND SPD BRAKES (SPOILERS) WERE DEPLOYED TO HELP SLOW AND GO DOWN. ATC ASKED IF WE WOULD BE ABLE TO MAKE THE XING RESTR WHICH WE REPLIED THAT WE WOULD BE UNABLE. WE WERE THEN TURNED AND TOLD TO MAINTAIN 9000 FT MSL. ATC VECTORED US AROUND FOR SOME 20 MINS BEFORE TURNING US BACK IN AND CLRING US FOR THE WILLIAMSPORT STAR. WE WERE STILL AT 9000 FT MSL. I ASKED THE FO TO ASK IF WE WERE CLRED TO 7000 FT TO WHICH HE REPLIED THAT WE WERE CLRED ON THE ARR THUS WE WERE CLRED TO 7000 FT. I AGAIN ASKED HIM TO DOUBLE-CHK TO WHICH HE DID. I HAD IN THE MEANTIME BEGUN A SHALLOW DSCNT TO 7000 FT AS NOT TO BE TOO HIGH ONCE AGAIN. (DSCNT AT 300 FPM.) THE CTLR REPLIED THAT OUR LAST ASSIGNED ALT WAS 9000 FT MSL TO WHICH I STARTED AN IMMEDIATE CLB BACK TO 9000 FT FROM APPROX 8500 FT. NO CONFLICTS DEVELOPED BECAUSE OF THIS DEV. I PERSONALLY FEEL LIKE: 1) WE WERE BEING PUNISHED BY ATC. 2) MY PAX WERE BEING PUNISHED. 3) THAT THE CTLR SET US UP AS I HAD ASKED FOR ATC'S PHONE # EARLIER. 4) HIS (THE CTLR) PHRASEOLOGY WAS POOR IN THAT WHEN CLRING US HE SHOULD HAVE STATED 'CLRED TO REJOIN THE WILLIAMSPORT ARR MAINTAIN 9000 FT.' SUPPLEMENTAL INFO FROM ACN 371570: AFTER VECTORING FOR 20 MINS ATC CLRED US FOR THE WILLIAMSPORT ARR. I TOLD THE CAPT TO MAKE SWEET AT 7000 FT AND HE BEGAN A SLOW DSCNT. THEN REREAD APCH STAR AND SAW 'EXPECT' SWEET AT 7000 FT AND WE WERE NOT ACTUALLY GIVEN 'SWEET' AT 7000 FT. WE ASKED ATC WHAT ALT HE WANTED AND HE SAID 9000 FT BUT NOW CROSS SWEET AT 7000 FT. WE WERE ALREADY AT 8500 FT BY THIS TIME. WE WERE UPSET AT THE 20 MIN VECTOR AND FELT WE WERE BEING PENALIZED FOR NOT INITIALLY BEING ABLE TO MAKE THE XING RESTR.

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.