Narrative:

After lbl, ZKC gave us a reroute to atl then north to sie cam 3 arrival. We asked why the change and they stated 'WX.' I, first officer, entered that information into ACARS to send to dispatch and requested a new time and fuel requirements. Dispatch replied 'whaaaaaaat, that's bizarre. What's the reason ATC gave you. There's absolutely no WX out there. If you can refuse, I'd do it. The only convective cloud is at the south tip of wv. That's it, nothing else. If able, flat out refuse or request a reroute stl-vhp-crl J554-jhw. J70-lvz jfk. Let me know.' while complying with reroute we requested route change back to stl-lvz LENDY4. Next, ZID asked us if we were ready to copy reroute to atl. We said we would not accept a reroute to atl, we wanted to continue on present route. Controller accepted present route. Next controller, 'reroute, are you ready to copy?' after verifying new york WX again we told them we are not accepting a reroute. Controller stated, 'comply with this reroute or hold at iiu until you are ready to comply with this reroute.' since fuel was our primary concern, we declared minimum fuel since any reroute and extensive holding 'told to anticipate' was not an option. Next controller, 'understand minimum fuel.' agreement was made direct jhw. Comment: to accept reroute not only jeopardized flight and ability to comply as planned, but ATC established our minimum fuel situation by insisting we comply with it. One controller not understanding that reroute equaled minimum fuel, and no reroute utilizing current and forecast WX information meant adequate fuel, declared an emergency for us. That prompted direct jfk vector which we did not ask for and felt it was overboard. Dispatch contacted us stating supervisor at ATC command ZDC was now involved. Dispatch mentioned 'I'll leave your original flight plan in the computer.' note: our actual route san-jhw, holding, arrival routing left us seriously concerned that any, any, delay would put us in an emergency situation. That only accentuated our inability to accept a reroute. Supplemental information from acn 444897: cleared direct lvz-jfk. ZKC then asked us to accept another reroute. We did not want to accept this due to this clearance putting us in a minimum fuel status. ZKC said okay. We were then told to either accept direct iiu-J56 bkw-J42FAK-hcm-J121SIE-camr-jfk or enter holding. We told ZKC this would put us in a minimum fuel. ZID then declared us an emergency. I was exercising my captain's authority/authorized to safeguard my flight and crew. Callback conversation with reporter of acn 444897 revealed the following information: the reporter stated that the extensive reroute would have placed the aircraft at a minimum fuel status at destination and that dispatch advised them that the WX area did not seem to be a factor. The flight crew repeatedly tried to convince ARTCC of their desire to remain on the original route which seemed to aggravate ARTCC. The reporter was unaware of any other factors other than WX for the reroute and that ARTCC would accept the fact that the reroute would place the aircraft at a minimum fuel state at destination.

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Original NASA ASRS Text

Title: A BOEING 767 FLC WAS UNABLE TO ACCEPT AN ARTCC REROUTE NEAR LBL. THE FLT DECLINED THE REROUTE AND WAS THREATENED WITH HOLDING UNTIL THEY WOULD ACCEPT THE REROUTE. THE FLC HELD AT JHW UNTIL A MINIMUM FUEL STATUS REQUIRED THEM TO PROCEED TO DEST.

Narrative: AFTER LBL, ZKC GAVE US A REROUTE TO ATL THEN N TO SIE CAM 3 ARR. WE ASKED WHY THE CHANGE AND THEY STATED 'WX.' I, FO, ENTERED THAT INFO INTO ACARS TO SEND TO DISPATCH AND REQUESTED A NEW TIME AND FUEL REQUIREMENTS. DISPATCH REPLIED 'WHAAAAAAAT, THAT'S BIZARRE. WHAT'S THE REASON ATC GAVE YOU. THERE'S ABSOLUTELY NO WX OUT THERE. IF YOU CAN REFUSE, I'D DO IT. THE ONLY CONVECTIVE CLOUD IS AT THE S TIP OF WV. THAT'S IT, NOTHING ELSE. IF ABLE, FLAT OUT REFUSE OR REQUEST A REROUTE STL-VHP-CRL J554-JHW. J70-LVZ JFK. LET ME KNOW.' WHILE COMPLYING WITH REROUTE WE REQUESTED RTE CHANGE BACK TO STL-LVZ LENDY4. NEXT, ZID ASKED US IF WE WERE READY TO COPY REROUTE TO ATL. WE SAID WE WOULD NOT ACCEPT A REROUTE TO ATL, WE WANTED TO CONTINUE ON PRESENT RTE. CTLR ACCEPTED PRESENT RTE. NEXT CTLR, 'REROUTE, ARE YOU READY TO COPY?' AFTER VERIFYING NEW YORK WX AGAIN WE TOLD THEM WE ARE NOT ACCEPTING A REROUTE. CTLR STATED, 'COMPLY WITH THIS REROUTE OR HOLD AT IIU UNTIL YOU ARE READY TO COMPLY WITH THIS REROUTE.' SINCE FUEL WAS OUR PRIMARY CONCERN, WE DECLARED MINIMUM FUEL SINCE ANY REROUTE AND EXTENSIVE HOLDING 'TOLD TO ANTICIPATE' WAS NOT AN OPTION. NEXT CTLR, 'UNDERSTAND MINIMUM FUEL.' AGREEMENT WAS MADE DIRECT JHW. COMMENT: TO ACCEPT REROUTE NOT ONLY JEOPARDIZED FLT AND ABILITY TO COMPLY AS PLANNED, BUT ATC ESTABLISHED OUR MINIMUM FUEL SIT BY INSISTING WE COMPLY WITH IT. ONE CTLR NOT UNDERSTANDING THAT REROUTE EQUALED MINIMUM FUEL, AND NO REROUTE UTILIZING CURRENT AND FORECAST WX INFO MEANT ADEQUATE FUEL, DECLARED AN EMER FOR US. THAT PROMPTED DIRECT JFK VECTOR WHICH WE DID NOT ASK FOR AND FELT IT WAS OVERBOARD. DISPATCH CONTACTED US STATING SUPVR AT ATC COMMAND ZDC WAS NOW INVOLVED. DISPATCH MENTIONED 'I'LL LEAVE YOUR ORIGINAL FLT PLAN IN THE COMPUTER.' NOTE: OUR ACTUAL RTE SAN-JHW, HOLDING, ARR ROUTING LEFT US SERIOUSLY CONCERNED THAT ANY, ANY, DELAY WOULD PUT US IN AN EMER SIT. THAT ONLY ACCENTUATED OUR INABILITY TO ACCEPT A REROUTE. SUPPLEMENTAL INFO FROM ACN 444897: CLRED DIRECT LVZ-JFK. ZKC THEN ASKED US TO ACCEPT ANOTHER REROUTE. WE DID NOT WANT TO ACCEPT THIS DUE TO THIS CLRNC PUTTING US IN A MINIMUM FUEL STATUS. ZKC SAID OKAY. WE WERE THEN TOLD TO EITHER ACCEPT DIRECT IIU-J56 BKW-J42FAK-HCM-J121SIE-CAMR-JFK OR ENTER HOLDING. WE TOLD ZKC THIS WOULD PUT US IN A MINIMUM FUEL. ZID THEN DECLARED US AN EMER. I WAS EXERCISING MY CAPT'S AUTH TO SAFEGUARD MY FLT AND CREW. CALLBACK CONVERSATION WITH RPTR OF ACN 444897 REVEALED THE FOLLOWING INFO: THE RPTR STATED THAT THE EXTENSIVE REROUTE WOULD HAVE PLACED THE ACFT AT A MINIMUM FUEL STATUS AT DEST AND THAT DISPATCH ADVISED THEM THAT THE WX AREA DID NOT SEEM TO BE A FACTOR. THE FLC REPEATEDLY TRIED TO CONVINCE ARTCC OF THEIR DESIRE TO REMAIN ON THE ORIGINAL RTE WHICH SEEMED TO AGGRAVATE ARTCC. THE RPTR WAS UNAWARE OF ANY OTHER FACTORS OTHER THAN WX FOR THE REROUTE AND THAT ARTCC WOULD ACCEPT THE FACT THAT THE REROUTE WOULD PLACE THE ACFT AT A MINIMUM FUEL STATE AT DEST.

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.