B737-300 crew used captain's emergency authority/authorized to avoid penetrating a thunderstorm.

Attributes
ACN	515773
Time
Date	200106
Day	Mon
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : zab.artcc
State Reference	NM
Altitude	msl bound lower : 17000 msl bound upper : 31000
Environment
Flight Conditions	IMC
Weather Elements	Thunderstorm
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zab.artcc tower : ord.tower
Operator	common carrier : air carrier
Make Model Name	B737-300
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time total : 10000 flight time type : 650
ASRS Report	515773
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	airspace violation : entry inflight encounter : weather inflight encounter other other anomaly other
Independent Detector	other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : exited penetrated airspace other
Consequence	other
Supplementary
Problem Areas	Flight Crew Human Performance Weather FAA ATC Human Performance
Primary Problem	Weather

Narrative:

On departure, climbing through 17000 ft for FL230, we asked ZAB for a WX deviation of 30 degrees left. This was approved. SIGMET were valid at the time, reporting thunderstorms to FL440 with associated rain showers and convective WX activity to the south, east, northeast, and north of tucson. We then asked ZAB for a further climb clearance to FL310. ZAB next instructed us to come left heading 020 degrees (a 270 degree left turn). The captain replied that we were unable and that that heading would take us directly into the WX cells to the east. ZAB next stated that any further deviations left of course would take us into the respective moas, which were active (R2304/R2305). He then stated that the only way we could proceed into the moas would be to declare an emergency, which the captain subsequently did. The captain advised center that we had 3 1/2 hours of fuel, 121 passenger and 5 crew members on board. ZAB next advised us that we would have to exit the MOA to the south into mexico. The captain asked for gbn or tnp but was cleared instead to punta penasco (ppe) direct altar direct jli for the pdz 4 arrival. We subsequently landed on time at lax with no further deviations.

Original NASA ASRS Text

Title: B737-300 CREW USED CAPT'S EMER AUTH TO AVOID PENETRATING A TSTM.

Narrative: ON DEP, CLBING THROUGH 17000 FT FOR FL230, WE ASKED ZAB FOR A WX DEV OF 30 DEGS L. THIS WAS APPROVED. SIGMET WERE VALID AT THE TIME, RPTING TSTMS TO FL440 WITH ASSOCIATED RAIN SHOWERS AND CONVECTIVE WX ACTIVITY TO THE S, E, NE, AND N OF TUCSON. WE THEN ASKED ZAB FOR A FURTHER CLB CLRNC TO FL310. ZAB NEXT INSTRUCTED US TO COME L HDG 020 DEGS (A 270 DEG L TURN). THE CAPT REPLIED THAT WE WERE UNABLE AND THAT THAT HDG WOULD TAKE US DIRECTLY INTO THE WX CELLS TO THE E. ZAB NEXT STATED THAT ANY FURTHER DEVS L OF COURSE WOULD TAKE US INTO THE RESPECTIVE MOAS, WHICH WERE ACTIVE (R2304/R2305). HE THEN STATED THAT THE ONLY WAY WE COULD PROCEED INTO THE MOAS WOULD BE TO DECLARE AN EMER, WHICH THE CAPT SUBSEQUENTLY DID. THE CAPT ADVISED CTR THAT WE HAD 3 1/2 HRS OF FUEL, 121 PAX AND 5 CREW MEMBERS ON BOARD. ZAB NEXT ADVISED US THAT WE WOULD HAVE TO EXIT THE MOA TO THE S INTO MEXICO. THE CAPT ASKED FOR GBN OR TNP BUT WAS CLRED INSTEAD TO PUNTA PENASCO (PPE) DIRECT ALTAR DIRECT JLI FOR THE PDZ 4 ARR. WE SUBSEQUENTLY LANDED ON TIME AT LAX WITH NO FURTHER DEVS.

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.