Narrative:

Departed keflavik, iceland, en route to goose bay newfoundland. After climbing to a requested FL430. The aircraft was unable to maintain altitude due to a rapid increase in temperature at that altitude. The flight crew made a decision based on safety, and requested a descent to a lower level of FL280 that would include a descent through rvsm airspace. The aircraft was equipped, and the flight crew was qualified for rvsm operations. However, final rvsm paperwork approval had not yet been received from the FAA. The crew recognized a continuous descent would be necessary to non-rvsm airspace. The controling agencies were able to grant a descent to FL410, then to FL380, which was in the confines of rvsm airspace. The flight crew continued to remind the controling agency the aircraft was not permitted to operate in that area, we could only transition through it. The crew was ready to accept a descent to FL280 at any time, but was denied by the controling agency due to traffic conflicts. The remainder of the flight was continued at FL380 at the request of gander oceanic controllers. The flight crew was notified once in radar contact that a deviation report will be filed. With safety always in mind, there is nothing different that could have been done in this situation other than turn around. The crew was in full compliance with all altitudes issued by gander oceanic. The request for a non-rvsm altitude was continually denied. The flight continued at FL380 to destination at the request of gander oceanic controllers.

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Original NASA ASRS Text

Title: NOT CERTIFIED FOR RVSM, AND UNABLE TO STAY ABOVE THE AIRSPACE DUE TO HIGH TEMP, A LEAR JET REQUESTS DSCNT BELOW THE AIRSPACE TO REMAIN IN COMPLIANCE, BUT IS UNABLE TO GET CLRNC FROM ATC. THE FLT IS COMPLETED WITHIN THE AIRSPACE.

Narrative: DEPARTED KEFLAVIK, ICELAND, ENRTE TO GOOSE BAY NEWFOUNDLAND. AFTER CLBING TO A REQUESTED FL430. THE ACFT WAS UNABLE TO MAINTAIN ALT DUE TO A RAPID INCREASE IN TEMP AT THAT ALT. THE FLT CREW MADE A DECISION BASED ON SAFETY, AND REQUESTED A DSCNT TO A LOWER LEVEL OF FL280 THAT WOULD INCLUDE A DSCNT THROUGH RVSM AIRSPACE. THE ACFT WAS EQUIPPED, AND THE FLT CREW WAS QUALIFIED FOR RVSM OPS. HOWEVER, FINAL RVSM PAPERWORK APPROVAL HAD NOT YET BEEN RECEIVED FROM THE FAA. THE CREW RECOGNIZED A CONTINUOUS DSCNT WOULD BE NECESSARY TO NON-RVSM AIRSPACE. THE CTLING AGENCIES WERE ABLE TO GRANT A DSCNT TO FL410, THEN TO FL380, WHICH WAS IN THE CONFINES OF RVSM AIRSPACE. THE FLT CREW CONTINUED TO REMIND THE CTLING AGENCY THE ACFT WAS NOT PERMITTED TO OPERATE IN THAT AREA, WE COULD ONLY TRANSITION THROUGH IT. THE CREW WAS READY TO ACCEPT A DSCNT TO FL280 AT ANY TIME, BUT WAS DENIED BY THE CTLING AGENCY DUE TO TFC CONFLICTS. THE REMAINDER OF THE FLT WAS CONTINUED AT FL380 AT THE REQUEST OF GANDER OCEANIC CTLRS. THE FLT CREW WAS NOTIFIED ONCE IN RADAR CONTACT THAT A DEV RPT WILL BE FILED. WITH SAFETY ALWAYS IN MIND, THERE IS NOTHING DIFFERENT THAT COULD HAVE BEEN DONE IN THIS SIT OTHER THAN TURN AROUND. THE CREW WAS IN FULL COMPLIANCE WITH ALL ALTS ISSUED BY GANDER OCEANIC. THE REQUEST FOR A NON-RVSM ALT WAS CONTINUALLY DENIED. THE FLT CONTINUED AT FL380 TO DEST AT THE REQUEST OF GANDER OCEANIC CTLRS.

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.