Narrative:

Climbing out of FL255 north of vxv, we were heading directly toward a large buildup. It looked to be approximately 3 mins before we entered the buildup area, and it was obvious that we could not top the cloud. We requested a right deviation, and ZTL said it had our request. The controller did not address our request and after 2 mins, I called the controller and told him I needed a left or right turn. He replied that he couldn't approve a turn until we reached FL240, but that I could declare an emergency if I liked. Since flying into the buildup presented an unacceptable level of risk in my mind, I declared an emergency and deviated 10-15 degrees to the right for approximately 20 mi. I believe the controller could have approved a turn for us, but was task saturated due to a large area of poor WX and associated aircraft deviations.

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Original NASA ASRS Text

Title: HDG TRACK DEV AFTER THE USE OF A REGIONAL JET PIC'S COMMAND AUTH IN PROX OF TSTM ACTIVITY 20 NM N OF VXV, TN.

Narrative: CLBING OUT OF FL255 N OF VXV, WE WERE HEADING DIRECTLY TOWARD A LARGE BUILDUP. IT LOOKED TO BE APPROX 3 MINS BEFORE WE ENTERED THE BUILDUP AREA, AND IT WAS OBVIOUS THAT WE COULD NOT TOP THE CLOUD. WE REQUESTED A R DEV, AND ZTL SAID IT HAD OUR REQUEST. THE CTLR DID NOT ADDRESS OUR REQUEST AND AFTER 2 MINS, I CALLED THE CTLR AND TOLD HIM I NEEDED A L OR R TURN. HE REPLIED THAT HE COULDN'T APPROVE A TURN UNTIL WE REACHED FL240, BUT THAT I COULD DECLARE AN EMER IF I LIKED. SINCE FLYING INTO THE BUILDUP PRESENTED AN UNACCEPTABLE LEVEL OF RISK IN MY MIND, I DECLARED AN EMER AND DEVIATED 10-15 DEGS TO THE R FOR APPROX 20 MI. I BELIEVE THE CTLR COULD HAVE APPROVED A TURN FOR US, BUT WAS TASK SATURATED DUE TO A LARGE AREA OF POOR WX AND ASSOCIATED ACFT 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.