Narrative:

We departed phl wbound to dal love with a flight plan filed for FL390. During climb we were held at FL350 due to FL390 traffic behind us (a widebody transport), reported speed of mach .83. We were doing mach .85 at FL350. We requested FL390 and advised center of our speed. We were given clearance to 390 and were requested to maintain speed of mach .84 or better. After reaching FL390 our speed was mach .82. After about 15 mins, center asked our speed and we reported mach .82 and we were asked if we could accept FL410. We accepted FL410 and after reaching FL410 level for about 5 mins our mach began to diminish slowly due to warmer temperature at FL410 than FL390. We experienced difficulty maintaining FL410 and requested descent to FL390. Center could not approve request due to traffic conflict and center replied they were not authorized to approve FL390. We could not maintain FL410 and descended very slowly to 40600' and then we asked for a heading vector and lower altitude. During this time we were able to climb back to 40800'. Center gave us a heading vector and called our FL390 traffic. We had visual contact and our traffic also had visual contact. After a short time we were cleared to FL390. After being cleared back on course we were given a radio frequency by center to speak with the supervisor. We discussed the situation and he understood but advised us to call by telephone when arriving in dallas and also to contact the indianapolis quality assurance on monday morning (3/xx/90). We called back to center after landing in dallas and discussed the situation by telephone. He understood as before and again asked us to call the quality assurance officer. On monday we contacted (name), the quality assurance officer in indianapolis, at approximately XA15 EST. He was already familiar with the deviation and we told him we had to exercise our pilot's emergency authority during this situation. He said he certainly understood and told us he would not pursue the matter any further.

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Original NASA ASRS Text

Title: CGA UNABLE TO MAINTAIN ALT REQUESTED A TURN AND DESCENT. CTLR COULD NOT APPROVE DUE TO TRAFFIC RESULTING IN THE PLT MAKING AN EMERGENCY DESCENT. LESS THAN STANDARD SEPARATION OCCURRED.

Narrative: WE DEPARTED PHL WBOUND TO DAL LOVE WITH A FLT PLAN FILED FOR FL390. DURING CLIMB WE WERE HELD AT FL350 DUE TO FL390 TFC BEHIND US (A WDB), REPORTED SPEED OF MACH .83. WE WERE DOING MACH .85 AT FL350. WE REQUESTED FL390 AND ADVISED CENTER OF OUR SPEED. WE WERE GIVEN CLRNC TO 390 AND WERE REQUESTED TO MAINTAIN SPEED OF MACH .84 OR BETTER. AFTER REACHING FL390 OUR SPEED WAS MACH .82. AFTER ABOUT 15 MINS, CENTER ASKED OUR SPEED AND WE REPORTED MACH .82 AND WE WERE ASKED IF WE COULD ACCEPT FL410. WE ACCEPTED FL410 AND AFTER REACHING FL410 LEVEL FOR ABOUT 5 MINS OUR MACH BEGAN TO DIMINISH SLOWLY DUE TO WARMER TEMPERATURE AT FL410 THAN FL390. WE EXPERIENCED DIFFICULTY MAINTAINING FL410 AND REQUESTED DSCNT TO FL390. CENTER COULD NOT APPROVE REQUEST DUE TO TFC CONFLICT AND CENTER REPLIED THEY WERE NOT AUTHORIZED TO APPROVE FL390. WE COULD NOT MAINTAIN FL410 AND DESCENDED VERY SLOWLY TO 40600' AND THEN WE ASKED FOR A HDG VECTOR AND LOWER ALT. DURING THIS TIME WE WERE ABLE TO CLIMB BACK TO 40800'. CENTER GAVE US A HDG VECTOR AND CALLED OUR FL390 TFC. WE HAD VISUAL CONTACT AND OUR TFC ALSO HAD VISUAL CONTACT. AFTER A SHORT TIME WE WERE CLRED TO FL390. AFTER BEING CLRED BACK ON COURSE WE WERE GIVEN A RADIO FREQ BY CENTER TO SPEAK WITH THE SUPVR. WE DISCUSSED THE SITUATION AND HE UNDERSTOOD BUT ADVISED US TO CALL BY TELEPHONE WHEN ARRIVING IN DALLAS AND ALSO TO CONTACT THE INDIANAPOLIS QUALITY ASSURANCE ON MONDAY MORNING (3/XX/90). WE CALLED BACK TO CENTER AFTER LNDG IN DALLAS AND DISCUSSED THE SITUATION BY TELEPHONE. HE UNDERSTOOD AS BEFORE AND AGAIN ASKED US TO CALL THE QUALITY ASSURANCE OFFICER. ON MONDAY WE CONTACTED (NAME), THE QUALITY ASSURANCE OFFICER IN INDIANAPOLIS, AT APPROX XA15 EST. HE WAS ALREADY FAMILIAR WITH THE DEVIATION AND WE TOLD HIM WE HAD TO EXERCISE OUR PLT'S EMER AUTHORITY DURING THIS SITUATION. HE SAID HE CERTAINLY UNDERSTOOD AND TOLD US HE WOULD NOT PURSUE THE MATTER ANY FURTHER.

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.