Part 121 flight crew declares minimum fuel as controller directs go around at ewr.

Attributes
ACN	429550
Time
Date	199902
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : ewr.airport
State Reference	NJ
Altitude	agl single value : 1000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : ewr.tower
Operator	common carrier : air carrier
Make Model Name	B727-200
Operating Under FAR Part	Part 121
Navigation In Use	ils localizer & glide slope : 22l
Flight Phase	descent : approach
Route In Use	approach : visual
Aircraft 2
Controlling Facilities	tower : ewr.tower
Operator	common carrier : air carrier
Make Model Name	B757 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	descent : approach
Route In Use	approach : visual arrival : vfr
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	429550
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : commercial
Events
Anomaly	conflict : airborne less severe inflight encounter other non adherence : far non adherence other
Independent Detector	other controllera other flight crewa
Resolutory Action	controller : issued new clearance
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Cabin Crew Human Performance ATC Human Performance
Primary Problem	Cabin Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

When first officer contacted local controller at approximately 3 mi from runway, the controller instructed us to go around. I told first officer to tell him we were unable to go around due to a minimum fuel situation. We had 6000 pounds of fuel and I felt this was not enough to be put back in line and possibly burn 2000-3000 more pounds of fuel. The first officer told the controller we had the traffic ahead in sight (a B757) and were at minimum fuel. The controller didn't respond and we confirmed at 3000 ft AGL that we were cleared to land. The B757 was well clear of the runway. While taxiing in, we were instructed to contact the tower. I spoke with a supervisor and learned that the announcement of minimum fuel means something different to a local controller than to pilots. If fuel had been critical, I would declare an emergency, but we were trying to avoid that point by declaring minimum fuel. Our planned fuel at destination was 12700 pounds. We held for 45 mins at tyi and were slowed down by approach control.

Original NASA ASRS Text

Title: PART 121 FLC DECLARES MINIMUM FUEL AS CTLR DIRECTS GAR AT EWR.

Narrative: WHEN FO CONTACTED LCL CTLR AT APPROX 3 MI FROM RWY, THE CTLR INSTRUCTED US TO GO AROUND. I TOLD FO TO TELL HIM WE WERE UNABLE TO GO AROUND DUE TO A MINIMUM FUEL SIT. WE HAD 6000 LBS OF FUEL AND I FELT THIS WAS NOT ENOUGH TO BE PUT BACK IN LINE AND POSSIBLY BURN 2000-3000 MORE LBS OF FUEL. THE FO TOLD THE CTLR WE HAD THE TFC AHEAD IN SIGHT (A B757) AND WERE AT MINIMUM FUEL. THE CTLR DIDN'T RESPOND AND WE CONFIRMED AT 3000 FT AGL THAT WE WERE CLRED TO LAND. THE B757 WAS WELL CLR OF THE RWY. WHILE TAXIING IN, WE WERE INSTRUCTED TO CONTACT THE TWR. I SPOKE WITH A SUPVR AND LEARNED THAT THE ANNOUNCEMENT OF MINIMUM FUEL MEANS SOMETHING DIFFERENT TO A LCL CTLR THAN TO PLTS. IF FUEL HAD BEEN CRITICAL, I WOULD DECLARE AN EMER, BUT WE WERE TRYING TO AVOID THAT POINT BY DECLARING MINIMUM FUEL. OUR PLANNED FUEL AT DEST WAS 12700 LBS. WE HELD FOR 45 MINS AT TYI AND WERE SLOWED DOWN BY APCH CTL.

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.