B737-700 flight crew failed to climb to the higher altitude they requested within the time specified by ARTCC radar controller's approval restrs due to lack of aircraft climb performance. ARTCC controller separated traffic by issuing a heading change to reporter.

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Attributes
ACN	532261
Time
Date	200112
Day	Wed
Place
Locale Reference	atc facility : zhu.artcc
State Reference	TX
Altitude	msl single value : 39000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zhu.artcc
Operator	common carrier : air carrier
Make Model Name	B777 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zhu.artcc
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Flight Phase	cruise : level
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 8500 flight time type : 5500
ASRS Report	532261
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	altitude deviation : undershoot non adherence : clearance other anomaly other
Independent Detector	atc equipment other atc equipment : radar other controllera
Resolutory Action	controller : separated traffic
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

While on course to elp climbing to FL350, I asked the captain if he would like FL390. Requested FL390 and received clearance. While climbing through FL330, center asked us if we could make FL390 within 4 mins. After discussing this, we replied yes. At this time we had .78 mach and approximately 1900 FPM climb. The captain started climbing 2350 FPM trading airspeed for altitude. Reaching FL380 we still had 2 mins till the restr. Approaching FL380 the airspeed got a little low and we leveled off to accelerate. At the 1-MIN point center warned us of a traffic conflict and we started to climb. Approaching FL386, center turned us 50 degrees right. We continued climb to FL388 but we were unable to maintain this altitude. We descended to accelerate, got our airspeed back, and reached FL390. No traffic conflict. We talked to center about our problem. They said everything was ok.

Original NASA ASRS Text

Title: B737-700 FLC FAILED TO CLB TO THE HIGHER ALT THEY REQUESTED WITHIN THE TIME SPECIFIED BY ARTCC RADAR CTLR'S APPROVAL RESTRS DUE TO LACK OF ACFT CLB PERFORMANCE. ARTCC CTLR SEPARATED TFC BY ISSUING A HDG CHANGE TO RPTR.

Narrative: WHILE ON COURSE TO ELP CLBING TO FL350, I ASKED THE CAPT IF HE WOULD LIKE FL390. REQUESTED FL390 AND RECEIVED CLRNC. WHILE CLBING THROUGH FL330, CTR ASKED US IF WE COULD MAKE FL390 WITHIN 4 MINS. AFTER DISCUSSING THIS, WE REPLIED YES. AT THIS TIME WE HAD .78 MACH AND APPROX 1900 FPM CLB. THE CAPT STARTED CLBING 2350 FPM TRADING AIRSPD FOR ALT. REACHING FL380 WE STILL HAD 2 MINS TILL THE RESTR. APCHING FL380 THE AIRSPD GOT A LITTLE LOW AND WE LEVELED OFF TO ACCELERATE. AT THE 1-MIN POINT CTR WARNED US OF A TFC CONFLICT AND WE STARTED TO CLB. APCHING FL386, CTR TURNED US 50 DEGS R. WE CONTINUED CLB TO FL388 BUT WE WERE UNABLE TO MAINTAIN THIS ALT. WE DSNDED TO ACCELERATE, GOT OUR AIRSPD BACK, AND REACHED FL390. NO TFC CONFLICT. WE TALKED TO CTR ABOUT OUR PROB. THEY SAID EVERYTHING WAS OK.

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.