Narrative:

We were crewed together for the first leg of a 2-DAY trip to anc, captain's leg. Between ddy and czi vors, working with ZDV, we encountered continuous moderate chop at the cloud tps of our cruising altitude of FL350. We had been cleared direct to yql from almost ardmore, ok. Our WX radar and visual observations confirmed numerous cloud tops above our cruising altitude on our direct route of flight. We were at our maximum cruising altitude and lower was not any better as far as ride conditions in the area. We deviated right of course around one large cloud mass (while in continuous moderate chop like most aircraft were encountering on our frequency). The ZDV controller asked our heading while on a 3-4 mi right deviation off of direct yql and asked if we had been cleared to deviate. We responded we were in continuous moderate chop and deviating around a build-up while the controller had been working with numerous other flts looking for lower altitudes and better rides due to the moderate chop. The controller gave us an immediate 20-30 degree left turn to return on course and told us that we were not cleared to deviate unless we had an emergency. We did not declare an emergency and, at that time, noted a co-altitude aircraft approximately 25 NM right at 2-3 O'clock position on our TCASII. The controller then gave us a phone number to contact ZDV. The captain did call that evening after arrival in anc and talked to a supervisor who basically relayed the same information the actual controller told us over the radio. The supervisor said he would talk to our dispatcher but not file a pilot deviation report to the FAA. Supplemental information from acn 629688: IMC. In cloud tops, moderate turbulence. Many aircraft deviating and changing altitude. Many aircraft requesting deviation and altitude change. Controller maxed out. We emerged from cloud tops only to see a large buildup at 12 O'clock position. Unable to get a word in edgewise, I turned 15-20 degrees south of track (we had been cleared direct lethbrige which was still approximately 500-600 mi ahead). Once around the cell, I turned back north to intercept course, never more that 3-4 mi south of track. The controller asked if we were deviating and first officer said just a few degrees, but we were almost back on the pink line. We were never more than 4 mi off track, but our return to track heading must have scared controller. There was traffic on TCASII at our 4-5 O'clock position at our altitude and a little over 20 mi. There was no conflict but maybe a power struggle with the controller. I did not want to endanger my passenger or flight attendants by flying through a cell top.

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Original NASA ASRS Text

Title: A B757-200 FLT CREW RPTED THAT ZDV BECAME UPSET WHEN THEY BRIEFLY CIRCUMNAVED AROUND WX, WITHOUT PERMISSION, DURING A FLT FROM DFW TO ANC.

Narrative: WE WERE CREWED TOGETHER FOR THE FIRST LEG OF A 2-DAY TRIP TO ANC, CAPT'S LEG. BTWN DDY AND CZI VORS, WORKING WITH ZDV, WE ENCOUNTERED CONTINUOUS MODERATE CHOP AT THE CLOUD TPS OF OUR CRUISING ALT OF FL350. WE HAD BEEN CLRED DIRECT TO YQL FROM ALMOST ARDMORE, OK. OUR WX RADAR AND VISUAL OBSERVATIONS CONFIRMED NUMEROUS CLOUD TOPS ABOVE OUR CRUISING ALT ON OUR DIRECT RTE OF FLT. WE WERE AT OUR MAX CRUISING ALT AND LOWER WAS NOT ANY BETTER AS FAR AS RIDE CONDITIONS IN THE AREA. WE DEVIATED R OF COURSE AROUND ONE LARGE CLOUD MASS (WHILE IN CONTINUOUS MODERATE CHOP LIKE MOST ACFT WERE ENCOUNTERING ON OUR FREQ). THE ZDV CTLR ASKED OUR HDG WHILE ON A 3-4 MI R DEV OFF OF DIRECT YQL AND ASKED IF WE HAD BEEN CLRED TO DEVIATE. WE RESPONDED WE WERE IN CONTINUOUS MODERATE CHOP AND DEVIATING AROUND A BUILD-UP WHILE THE CTLR HAD BEEN WORKING WITH NUMEROUS OTHER FLTS LOOKING FOR LOWER ALTS AND BETTER RIDES DUE TO THE MODERATE CHOP. THE CTLR GAVE US AN IMMEDIATE 20-30 DEG L TURN TO RETURN ON COURSE AND TOLD US THAT WE WERE NOT CLRED TO DEVIATE UNLESS WE HAD AN EMER. WE DID NOT DECLARE AN EMER AND, AT THAT TIME, NOTED A CO-ALT ACFT APPROX 25 NM R AT 2-3 O'CLOCK POS ON OUR TCASII. THE CTLR THEN GAVE US A PHONE NUMBER TO CONTACT ZDV. THE CAPT DID CALL THAT EVENING AFTER ARR IN ANC AND TALKED TO A SUPVR WHO BASICALLY RELAYED THE SAME INFO THE ACTUAL CTLR TOLD US OVER THE RADIO. THE SUPVR SAID HE WOULD TALK TO OUR DISPATCHER BUT NOT FILE A PLTDEV RPT TO THE FAA. SUPPLEMENTAL INFO FROM ACN 629688: IMC. IN CLOUD TOPS, MODERATE TURB. MANY ACFT DEVIATING AND CHANGING ALT. MANY ACFT REQUESTING DEV AND ALT CHANGE. CTLR MAXED OUT. WE EMERGED FROM CLOUD TOPS ONLY TO SEE A LARGE BUILDUP AT 12 O'CLOCK POS. UNABLE TO GET A WORD IN EDGEWISE, I TURNED 15-20 DEGS S OF TRACK (WE HAD BEEN CLRED DIRECT LETHBRIGE WHICH WAS STILL APPROX 500-600 MI AHEAD). ONCE AROUND THE CELL, I TURNED BACK N TO INTERCEPT COURSE, NEVER MORE THAT 3-4 MI S OF TRACK. THE CTLR ASKED IF WE WERE DEVIATING AND FO SAID JUST A FEW DEGS, BUT WE WERE ALMOST BACK ON THE PINK LINE. WE WERE NEVER MORE THAN 4 MI OFF TRACK, BUT OUR RETURN TO TRACK HDG MUST HAVE SCARED CTLR. THERE WAS TFC ON TCASII AT OUR 4-5 O'CLOCK POS AT OUR ALT AND A LITTLE OVER 20 MI. THERE WAS NO CONFLICT BUT MAYBE A PWR STRUGGLE WITH THE CTLR. I DID NOT WANT TO ENDANGER MY PAX OR FLT ATTENDANTS BY FLYING THROUGH A CELL TOP.

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.