Narrative:

Aircraft X captain flying, B767-300, departed bwi shortly after thunderstorm passed to the south of the field and windshear advisories were lifted. Departed runway 28, assigned runway heading to 4000 ft and switched to potomac departure (possibly 128.7), given vector and told to climb to 9000 ft. Assigned second vector which cleared near buildups, but was headed toward additional buildups. Cleared to 17000 ft. Airspace to the right of course was clear of WX for approximately 20 mi. Asked for clearance to deviate right of course and was told by ATC unable and to turn left into buildup. Captain got on radio and told ATC unable due to buildup and that we needed a right deviation. ATC replied 'what WX are you referring to? I only show level 2 activity.' at this time we were passing approximately 9500 ft. Captain stated that we could come left in a few miles, possibly up to 20. ATC stated that if we did not turn left within 5 mi that we would be returned to baltimore to land. Captain replied that we would not be able to accept a turn to the left and we were told to turn right to east and proceed to baltimore and descend to 7000 ft. At this time we were still westbound passing approximately 10500 ft and noticed two tracks on TCAS that were eastbound toward us at 9000 ft and 9700 ft within 15-20 mi and descent to 7000 ft would place us in direct conflict with the traffic. I saw one of the aircraft in the distance, but was unable to correlate it with a TCAS track or communicate the visual pickup to the captain at that time. Pointed out the conflict to ATC and questioned the 7000 foot assignment which was overturned and changed to 11000? Tried to verify altitude assignment since our rate of climb in a light aircraft exceeded 2000 FPM, but both captain and first officer had no response from ATC other than silence or standby. The mode control panel altitude was set for 17000 ft so we leveled off at approximately 12600 ft to verify altitude assignment with ATC which finally responded with 11000 ft. The mode control panel was reset to 11000 ft and we began our descent to 11000 ft while on vectors to the east. Received vectors for approximately 2 laps in a makeshift holding pattern while we attempted to contact dispatch, remain clear of buildups and attempted to sort out any possible solution with ATC other than returning to baltimore. Once established in the vector pattern, the first officer assumed flying duties and ATC communications while the captain spoke with dispatch. During this time an air carrier Y aircraft reported turbulence in the buildup and an air carrier Z flight reported moderate rime ice. The response from ATC was a questioning 'state your outside air temperature.' a few moments later, a new voice came on the radio for ATC and I asked him to state his intentions for aircraft X. I told him we could accept vectors for climbs that were clear of the buildups to include eastbound and he was very receptive and coordinated a vector and climb to the west to clear the WX. Once clear the flight proceeded to chicago. Outcome: no passenger were hurt and the aircraft did not sustain any damage or accept any unnecessary risk due to thunderstorm penetration. Human factors: 1) the concept that a controller states that an aircraft must accept a turn into severe WX or face being returned to its point of origin is unacceptable. Never was any other alternative discussed or permitted to be discussed. 2) the concept that a controller thinks that he has more information about the severity of the WX event than those actually airborne and facing it is also unacceptable. When pilots exercising their best judgement based on yrs of experience and training make their judgement known and it is blatantly disregarded then a serious safety breach has occurred in the relationship between controllers and pilots. 3) while understanding the difficult nature of the ATC role and how busy it can get at times, leaving an aircraft hanging with a bad clearance followed by a vague clearance and refusing to answer numerous queries about assigned altitude could have jeopardized the lives of everyone on board and led to the loss of one or more aircraft. Possible factors, task saturation, information overload, skill level exceeded. Callback conversation with reporter revealed the following information: the reporter indicated that the captain on the flight had previous FAA ATC experience and that both he and the captain were astounded by the controller's remark about returning to bwi. The reporter confirmed that the controller informed the crew that if the issued turn could not be made as directed, the aircraft would be vectored back to bwi and directed to land. After the vector and descent to bwi was initiated, the reporter claims conflicting traffic was observed on TCAS. When questioned, the controller responded with, '...stand by...' and was silent. Another aircraft on frequency was encountering rime icing and informed the controller. The pilot was questioned as to the outside temperature and his request denied by ATC. Subsequent to these events a different controller took over, was very helpful and the flight proceeded to its destination. The reporter suggested that the recent consolidation of facilities into pct may have changed boundaries contributing to the problem.

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Original NASA ASRS Text

Title: B767 DEPARTING BWI ENCOUNTERED WX AND EXPERIENCED CONFUSION WITH ATC DIRECTIONS.

Narrative: ACFT X CAPT FLYING, B767-300, DEPARTED BWI SHORTLY AFTER TSTM PASSED TO THE S OF THE FIELD AND WINDSHEAR ADVISORIES WERE LIFTED. DEPARTED RWY 28, ASSIGNED RWY HEADING TO 4000 FT AND SWITCHED TO POTOMAC DEPARTURE (POSSIBLY 128.7), GIVEN VECTOR AND TOLD TO CLB TO 9000 FT. ASSIGNED SECOND VECTOR WHICH CLRED NEAR BUILDUPS, BUT WAS HEADED TOWARD ADDITIONAL BUILDUPS. CLRED TO 17000 FT. AIRSPACE TO THE R OF COURSE WAS CLR OF WX FOR APPROX 20 MI. ASKED FOR CLRNC TO DEVIATE R OF COURSE AND WAS TOLD BY ATC UNABLE AND TO TURN L INTO BUILDUP. CAPT GOT ON RADIO AND TOLD ATC UNABLE DUE TO BUILDUP AND THAT WE NEEDED A RIGHT DEVIATION. ATC REPLIED 'WHAT WX ARE YOU REFERRING TO? I ONLY SHOW LEVEL 2 ACTIVITY.' AT THIS TIME WE WERE PASSING APPROX 9500 FT. CAPT STATED THAT WE COULD COME LEFT IN A FEW MILES, POSSIBLY UP TO 20. ATC STATED THAT IF WE DID NOT TURN L WITHIN 5 MI THAT WE WOULD BE RETURNED TO BALTIMORE TO LAND. CAPT REPLIED THAT WE WOULD NOT BE ABLE TO ACCEPT A TURN TO THE L AND WE WERE TOLD TO TURN R TO E AND PROCEED TO BALTIMORE AND DSND TO 7000 FT. AT THIS TIME WE WERE STILL WBND PASSING APPROX 10500 FT AND NOTICED TWO TRACKS ON TCAS THAT WERE EBND TOWARD US AT 9000 FT AND 9700 FT WITHIN 15-20 MI AND DSCNT TO 7000 FT WOULD PLACE US IN DIRECT CONFLICT WITH THE TFC. I SAW ONE OF THE ACFT IN THE DISTANCE, BUT WAS UNABLE TO CORRELATE IT WITH A TCAS TRACK OR COMMUNICATE THE VISUAL PICKUP TO THE CAPT AT THAT TIME. POINTED OUT THE CONFLICT TO ATC AND QUESTIONED THE 7000 FOOT ASSIGNMENT WHICH WAS OVERTURNED AND CHANGED TO 11000? TRIED TO VERIFY ALT ASSIGNMENT SINCE OUR RATE OF CLB IN A LIGHT ACFT EXCEEDED 2000 FPM, BUT BOTH CAPT AND FO HAD NO RESPONSE FROM ATC OTHER THAN SILENCE OR STANDBY. THE MODE CTL PANEL ALT WAS SET FOR 17000 FT SO WE LEVELED OFF AT APPROX 12600 FT TO VERIFY ALT ASSIGNMENT WITH ATC WHICH FINALLY RESPONDED WITH 11000 FT. THE MODE CTL PANEL WAS RESET TO 11000 FT AND WE BEGAN OUR DSCNT TO 11000 FT WHILE ON VECTORS TO THE E. RECEIVED VECTORS FOR APPROX 2 LAPS IN A MAKESHIFT HOLDING PATTERN WHILE WE ATTEMPTED TO CONTACT DISPATCH, REMAIN CLR OF BUILDUPS AND ATTEMPTED TO SORT OUT ANY POSSIBLE SOLUTION WITH ATC OTHER THAN RETURNING TO BALTIMORE. ONCE ESTABLISHED IN THE VECTOR PATTERN, THE FO ASSUMED FLYING DUTIES AND ATC COMS WHILE THE CAPT SPOKE WITH DISPATCH. DURING THIS TIME AN ACR Y ACFT RPTED TURB IN THE BUILDUP AND AN ACR Z FLT RPTED MODERATE RIME ICE. THE RESPONSE FROM ATC WAS A QUESTIONING 'STATE YOUR OUTSIDE AIR TEMP.' A FEW MOMENTS LATER, A NEW VOICE CAME ON THE RADIO FOR ATC AND I ASKED HIM TO STATE HIS INTENTIONS FOR ACFT X. I TOLD HIM WE COULD ACCEPT VECTORS FOR CLBS THAT WERE CLR OF THE BUILDUPS TO INCLUDE EBND AND HE WAS VERY RECEPTIVE AND COORDINATED A VECTOR AND CLB TO THE W TO CLR THE WX. ONCE CLR THE FLT PROCEEDED TO CHICAGO. OUTCOME: NO PAX WERE HURT AND THE ACFT DID NOT SUSTAIN ANY DAMAGE OR ACCEPT ANY UNNECESSARY RISK DUE TO THUNDERSTORM PENETRATION. HUMAN FACTORS: 1) THE CONCEPT THAT A CTLR STATES THAT AN ACFT MUST ACCEPT A TURN INTO SEVERE WX OR FACE BEING RETURNED TO ITS POINT OF ORIGIN IS UNACCEPTABLE. NEVER WAS ANY OTHER ALTERNATIVE DISCUSSED OR PERMITTED TO BE DISCUSSED. 2) THE CONCEPT THAT A CTLR THINKS THAT HE HAS MORE INFO ABOUT THE SEVERITY OF THE WX EVENT THAN THOSE ACTUALLY AIRBORNE AND FACING IT IS ALSO UNACCEPTABLE. WHEN PLTS EXERCISING THEIR BEST JUDGEMENT BASED ON YRS OF EXPERIENCE AND TRAINING MAKE THEIR JUDGEMENT KNOWN AND IT IS BLATANTLY DISREGARDED THEN A SERIOUS SAFETY BREACH HAS OCCURRED IN THE RELATIONSHIP BTWN CTLRS AND PLTS. 3) WHILE UNDERSTANDING THE DIFFICULT NATURE OF THE ATC ROLE AND HOW BUSY IT CAN GET AT TIMES, LEAVING AN ACFT HANGING WITH A BAD CLRNC FOLLOWED BY A VAGUE CLRNC AND REFUSING TO ANSWER NUMEROUS QUERIES ABOUT ASSIGNED ALT COULD HAVE JEOPARDIZED THE LIVES OF EVERYONE ON BOARD AND LED TO THE LOSS OF ONE OR MORE ACFT. POSSIBLE FACTORS, TASK SATURATION, INFO OVERLOAD, SKILL LEVEL EXCEEDED. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR INDICATED THAT THE CAPT ON THE FLT HAD PREVIOUS FAA ATC EXPERIENCE AND THAT BOTH HE AND THE CAPT WERE ASTOUNDED BY THE CTLR'S REMARK ABOUT RETURNING TO BWI. THE RPTR CONFIRMED THAT THE CTLR INFORMED THE CREW THAT IF THE ISSUED TURN COULD NOT BE MADE AS DIRECTED, THE ACFT WOULD BE VECTORED BACK TO BWI AND DIRECTED TO LAND. AFTER THE VECTOR AND DSCNT TO BWI WAS INITIATED, THE RPTR CLAIMS CONFLICTING TFC WAS OBSERVED ON TCAS. WHEN QUESTIONED, THE CTLR RESPONDED WITH, '...STAND BY...' AND WAS SILENT. ANOTHER ACFT ON FREQ WAS ENCOUNTERING RIME ICING AND INFORMED THE CTLR. THE PLT WAS QUESTIONED AS TO THE OUTSIDE TEMP AND HIS REQUEST DENIED BY ATC. SUBSEQUENT TO THESE EVENTS A DIFFERENT CTLR TOOK OVER, WAS VERY HELPFUL AND THE FLT PROCEEDED TO ITS DESTINATION. THE RPTR SUGGESTED THAT THE RECENT CONSOLIDATION OF FACILITIES INTO PCT MAY HAVE CHANGED BOUNDARIES CONTRIBUTING TO THE PROB.

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.