An MD80 PIC exercises his emergency authority/authorized to descend to a lower altitude due to moderate turbulence at FL230 over djb.

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Attributes
ACN	550619
Time
Date	200206
Day	Thu
Local Time Of Day	1201 To 1800
Place
State Reference	OH
Altitude	msl bound lower : 21000 msl bound upper : 23000
Environment
Weather Elements	Turbulence
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zob.artcc
Operator	common carrier : air carrier
Make Model Name	MD-80 Super 80
Operating Under FAR Part	Part 121
Navigation In Use	other other vortac
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : atp
ASRS Report	550619
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	550291
Events
Anomaly	altitude deviation : excursion from assigned altitude inflight encounter : turbulence inflight encounter : weather non adherence : clearance other anomaly other
Independent Detector	other flight crewa other flight crewb
Resolutory Action	flight crew : declared emergency flight crew : exited adverse environment
Supplementary
Problem Areas	Weather ATC Human Performance Airspace Structure Environmental Factor Flight Crew Human Performance
Primary Problem	Weather
Air Traffic Incident	Pilot Deviation

Narrative:

ATC facility: ZOB. Over djb VOR at FL230 we encountered continuous moderate turbulence. Captain tried twice to obtain ATC clearance for lower altitude where it appeared to be out of the clouds/turbulent conditions we were experiencing. ATC did not respond to either transmission. At that point the captain used his emergency authority/authorized and made a radio call that he was doing such and descending to FL210. ATC then responded and after being told one more time of our intention, cleared us to FL210. At that point we were still in the beginning stages of the descent. No traffic conflict was seen on the TCASII nor called out by ATC. Supplemental information from acn 550291: encountered sudden onset of continuous moderate turbulence in virga. Seatbelt sign was on. I could see clear air below and requested lower altitude. Controller denied and seemed unconcerned. I advised that absent a timely clearance that I would have to exercise emergency authority/authorized. There was no reply so I checked TCASII and advised beginning descent to FL210. ATC then acknowledged.

Original NASA ASRS Text

Title: AN MD80 PIC EXERCISES HIS EMER AUTH TO DSND TO A LOWER ALT DUE TO MODERATE TURB AT FL230 OVER DJB.

Narrative: ATC FACILITY: ZOB. OVER DJB VOR AT FL230 WE ENCOUNTERED CONTINUOUS MODERATE TURB. CAPT TRIED TWICE TO OBTAIN ATC CLRNC FOR LOWER ALT WHERE IT APPEARED TO BE OUT OF THE CLOUDS/TURBULENT CONDITIONS WE WERE EXPERIENCING. ATC DID NOT RESPOND TO EITHER XMISSION. AT THAT POINT THE CAPT USED HIS EMER AUTH AND MADE A RADIO CALL THAT HE WAS DOING SUCH AND DSNDING TO FL210. ATC THEN RESPONDED AND AFTER BEING TOLD ONE MORE TIME OF OUR INTENTION, CLRED US TO FL210. AT THAT POINT WE WERE STILL IN THE BEGINNING STAGES OF THE DSCNT. NO TFC CONFLICT WAS SEEN ON THE TCASII NOR CALLED OUT BY ATC. SUPPLEMENTAL INFO FROM ACN 550291: ENCOUNTERED SUDDEN ONSET OF CONTINUOUS MODERATE TURB IN VIRGA. SEATBELT SIGN WAS ON. I COULD SEE CLR AIR BELOW AND REQUESTED LOWER ALT. CTLR DENIED AND SEEMED UNCONCERNED. I ADVISED THAT ABSENT A TIMELY CLRNC THAT I WOULD HAVE TO EXERCISE EMER AUTH. THERE WAS NO REPLY SO I CHKED TCASII AND ADVISED BEGINNING DSCNT TO FL210. ATC THEN ACKNOWLEDGED.

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.