After some unexpected speed adjustments, unplanned altitudes, and off course vectors for ewr, a B737...

Attributes
ACN	636526
Time
Date	200411
Day	Sun
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : zzz.artcc
State Reference	US
Altitude	msl single value : 12000
Environment
Flight Conditions	VMC
Light	Night
Aircraft 1
Controlling Facilities	artcc : zzz.artcc tower : las.tower
Operator	common carrier : air carrier
Make Model Name	B737 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	descent : intermediate altitude
Route In Use	arrival : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Experience	flight time last 90 days : 3868 flight time total : 21864 flight time type : 137
ASRS Report	636526
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Experience	flight time last 90 days : 200 flight time total : 14000 flight time type : 1500
ASRS Report	636525
Events
Anomaly	non adherence : far other anomaly other
Independent Detector	atc equipment other atc equipment : radar/ mode c aircraft equipment other aircraft equipment : fuel quantity indicators other controllera other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : declared emergency
Consequence	other
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance Aircraft Airspace Structure
Primary Problem	Airspace Structure

Narrative:

Cruise phase to ZZZ was plagued with speed adjustments, unplanned altitudes and off-course vectors. Projected fuel on board slowly went from 7.0 early in cruise to 5.0 at top of descent. At about 12000 ft on descent ATC gave us a hold. (Fuel on board was now 4.8.) we told ATC we could not hold because we were at minimum fuel. He asked if we were declaring an emergency. We said we were declaring minimum fuel and any delay would cause us to have an emergency. He said we could not continue unless we declared an emergency, so we declared a low fuel emergency. We were cleared on to ZZZ with little delay. We blocked in with 4100 pounds of fuel. Callback conversation with reporter revealed the following information: reporter stated his flight plan was from ZZZ1 to ZZZ. When the crew reported minimum fuel, the center controller advised that the TRACON would not accept them unless an emergency was declared. They declared emergency and were taken direct to ZZZ. He said they had taken on 2000 pounds of extra fuel at their departure airport but that was used up quickly with a number of unplanned altitude changes, speed adjustments, and several off-course vectors for spacing by the center before handoff to TRACON. No one contacted them after landing. Supplemental information from acn 636525: during the arrival into ZZZ, we were given a hold just prior to XXX intersection. As a result of an unplanned altitude and off-course vectors for spacing, we instructed ATC we were unable to hold because we were at minimum fuel (4.3 pounds arrival). ATC asked if we were declaring an emergency. We responded, 'no, but we cannot accept a delay, and therefore, unable to hold.' ATC said, 'advise when ready to copy holding instructions.' at that point we had no choice but to declare an emergency. We arrived at the gate with 4.1 pounds. We terminated the flight without further incident.

Original NASA ASRS Text

Title: AFTER SOME UNEXPECTED SPD ADJUSTMENTS, UNPLANNED ALTS, AND OFF COURSE VECTORS FOR EWR, A B737 CREW REFUSED HOLDING AND DECLARED LOW FUEL. CTLR IGNORED LOW FUEL UNLESS CREW DECLARED AN EMER.

Narrative: CRUISE PHASE TO ZZZ WAS PLAGUED WITH SPD ADJUSTMENTS, UNPLANNED ALTS AND OFF-COURSE VECTORS. PROJECTED FUEL ON BOARD SLOWLY WENT FROM 7.0 EARLY IN CRUISE TO 5.0 AT TOP OF DSCNT. AT ABOUT 12000 FT ON DSCNT ATC GAVE US A HOLD. (FUEL ON BOARD WAS NOW 4.8.) WE TOLD ATC WE COULD NOT HOLD BECAUSE WE WERE AT MINIMUM FUEL. HE ASKED IF WE WERE DECLARING AN EMER. WE SAID WE WERE DECLARING MINIMUM FUEL AND ANY DELAY WOULD CAUSE US TO HAVE AN EMER. HE SAID WE COULD NOT CONTINUE UNLESS WE DECLARED AN EMER, SO WE DECLARED A LOW FUEL EMER. WE WERE CLRED ON TO ZZZ WITH LITTLE DELAY. WE BLOCKED IN WITH 4100 LBS OF FUEL. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED HIS FLT PLAN WAS FROM ZZZ1 TO ZZZ. WHEN THE CREW RPTED MINIMUM FUEL, THE CTR CTLR ADVISED THAT THE TRACON WOULD NOT ACCEPT THEM UNLESS AN EMER WAS DECLARED. THEY DECLARED EMER AND WERE TAKEN DIRECT TO ZZZ. HE SAID THEY HAD TAKEN ON 2000 LBS OF EXTRA FUEL AT THEIR DEP ARPT BUT THAT WAS USED UP QUICKLY WITH A NUMBER OF UNPLANNED ALT CHANGES, SPD ADJUSTMENTS, AND SEVERAL OFF-COURSE VECTORS FOR SPACING BY THE CTR BEFORE HDOF TO TRACON. NO ONE CONTACTED THEM AFTER LNDG. SUPPLEMENTAL INFO FROM ACN 636525: DURING THE ARR INTO ZZZ, WE WERE GIVEN A HOLD JUST PRIOR TO XXX INTXN. AS A RESULT OF AN UNPLANNED ALT AND OFF-COURSE VECTORS FOR SPACING, WE INSTRUCTED ATC WE WERE UNABLE TO HOLD BECAUSE WE WERE AT MINIMUM FUEL (4.3 LBS ARR). ATC ASKED IF WE WERE DECLARING AN EMER. WE RESPONDED, 'NO, BUT WE CANNOT ACCEPT A DELAY, AND THEREFORE, UNABLE TO HOLD.' ATC SAID, 'ADVISE WHEN READY TO COPY HOLDING INSTRUCTIONS.' AT THAT POINT WE HAD NO CHOICE BUT TO DECLARE AN EMER. WE ARRIVED AT THE GATE WITH 4.1 LBS. WE TERMINATED THE FLT WITHOUT FURTHER INCIDENT.

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.

After some unexpected speed adjustments, unplanned altitudes, and off course vectors for ewr, a B737 crew refused holding and declared low fuel. Controller ignored low fuel unless crew declared an emergency.