Narrative:

On the XA00 shift of sep/xx/93, I released flight jfk to sxm without any advance knowledge of any military operations along the normal route filed for flight. I have carefully reviewed the past turnovers associated with the complete caribbean area, starting with the date the NOTAM was issued, and have found no NOTAM information on the turnovers or any information pertaining to the NOTAM in the completed daily files. Flight departed jfk without any information about the military block along its route of flight. While en route, ATC rerted flight due to the military block. Flight proceeded on the new filed route until it was unable to continue due to thunderstorm activity. Flight asked for a new course to deviate around the approaching WX system, but ATC refused the request stating it would put flight into the military block operations. The captain of flight would not endanger his aircraft by flying through the thunderstorms and since ATC would not let him deviate his course, he declared an emergency. Supplemental information from acn 252393: approximately 180 NM northwest of pisax, we request through ny commercial radio to ny oceanic for deviation right of course 30 NM for WX avoidance. After waiting 100 NM, we recontacted ny commercial radio to check on our clearance. Ny oceanic had taken no action. We contacted ny commercial radio twice more, still with no response from ny oceanic. At 29 NM northwest pisax, we declared an emergency and deviated right of course for WX. Were back on centerline by approximately 40 NM south of pisax. Excessive delay by ny oceanic to respond to our request or to provide other information caused (allowed) this situation to develop. Also contributing was the fact we were not told the active areas were parts of north atlantic fleet weapons range 21B and 22A not just the warning areas closer to san juan. We could have deviated to the east instead. Callback conversation with reporter revealed the following: his flight had been released on the 'standard' route of dispatcher, jfk-jenny-A523, san juan, direct st. Maarten. An amended clearance of a route change was given by ZNY oceanic, rerouting to A632 pisax-totem direct st. Maarten. Reporter had then requested A312 which was refused account activity in restr areas northeast of san juan. The original rerte from ZNY from A523 was account thunderstorm activity and away from A312 account other military activity in restr area. Reporter was not told of the military activity in 22A which was ground-to-air missile firing. The MOA 22A had a buffer of 45 NM around it as well, which he thinks he penetrated during his WX deviation. In checking back with dispatch after the incident, he was informed that dispatch did indeed have the NOTAMS, they were available 24 hours previous to release but for some reason, dispatcher failed to catch them for an initial rerte. So he departed on his own, had a rerte account of WX from ZNY but then wasn't fully informed as to why he couldn't get the shorter A312. Luckily, he had extra fuel as they were 'tankering' fuel because of higher prices in st. Maarten. He had deviated west from A632 as that was taking him closer to his desired route, not away, as a turn to the east would have done. Flight was 15 mins late. Reporter stated that if he finds any more information related to the lapse in dispatch procedures he will send a supplemental form to this office.

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Original NASA ASRS Text

Title: ACR LGT IN OVERWATER OP IN PROX OF MOA WHILE DEVIATING AROUND TSTM ACTIVITY AFTER EMER DECLARED.

Narrative: ON THE XA00 SHIFT OF SEP/XX/93, I RELEASED FLT JFK TO SXM WITHOUT ANY ADVANCE KNOWLEDGE OF ANY MIL OPS ALONG THE NORMAL RTE FILED FOR FLT. I HAVE CAREFULLY REVIEWED THE PAST TURNOVERS ASSOCIATED WITH THE COMPLETE CARIBBEAN AREA, STARTING WITH THE DATE THE NOTAM WAS ISSUED, AND HAVE FOUND NO NOTAM INFO ON THE TURNOVERS OR ANY INFO PERTAINING TO THE NOTAM IN THE COMPLETED DAILY FILES. FLT DEPARTED JFK WITHOUT ANY INFO ABOUT THE MIL BLOCK ALONG ITS RTE OF FLT. WHILE ENRTE, ATC RERTED FLT DUE TO THE MIL BLOCK. FLT PROCEEDED ON THE NEW FILED RTE UNTIL IT WAS UNABLE TO CONTINUE DUE TO TSTM ACTIVITY. FLT ASKED FOR A NEW COURSE TO DEVIATE AROUND THE APCHING WX SYS, BUT ATC REFUSED THE REQUEST STATING IT WOULD PUT FLT INTO THE MIL BLOCK OPS. THE CAPT OF FLT WOULD NOT ENDANGER HIS ACFT BY FLYING THROUGH THE TSTMS AND SINCE ATC WOULD NOT LET HIM DEVIATE HIS COURSE, HE DECLARED AN EMER. SUPPLEMENTAL INFORMATION FROM ACN 252393: APPROX 180 NM NW OF PISAX, WE REQUEST THROUGH NY COMMERCIAL RADIO TO NY OCEANIC FOR DEV R OF COURSE 30 NM FOR WX AVOIDANCE. AFTER WAITING 100 NM, WE RECONTACTED NY COMMERCIAL RADIO TO CHK ON OUR CLRNC. NY OCEANIC HAD TAKEN NO ACTION. WE CONTACTED NY COMMERCIAL RADIO TWICE MORE, STILL WITH NO RESPONSE FROM NY OCEANIC. AT 29 NM NW PISAX, WE DECLARED AN EMER AND DEVIATED R OF COURSE FOR WX. WERE BACK ON CTRLINE BY APPROX 40 NM S OF PISAX. EXCESSIVE DELAY BY NY OCEANIC TO RESPOND TO OUR REQUEST OR TO PROVIDE OTHER INFO CAUSED (ALLOWED) THIS SIT TO DEVELOP. ALSO CONTRIBUTING WAS THE FACT WE WERE NOT TOLD THE ACTIVE AREAS WERE PARTS OF NORTH ATLANTIC FLEET WEAPONS RANGE 21B AND 22A NOT JUST THE WARNING AREAS CLOSER TO SAN JUAN. WE COULD HAVE DEVIATED TO THE E INSTEAD. CALLBACK CONVERSATION WITH REPORTER REVEALED THE FOLLOWING: HIS FLT HAD BEEN RELEASED ON THE 'STANDARD' RTE OF DISPATCHER, JFK-JENNY-A523, SAN JUAN, DIRECT ST. MAARTEN. AN AMENDED CLRNC OF A RTE CHANGE WAS GIVEN BY ZNY OCEANIC, REROUTING TO A632 PISAX-TOTEM DIRECT ST. MAARTEN. RPTR HAD THEN REQUESTED A312 WHICH WAS REFUSED ACCOUNT ACTIVITY IN RESTR AREAS NE OF SAN JUAN. THE ORIGINAL RERTE FROM ZNY FROM A523 WAS ACCOUNT TSTM ACTIVITY AND AWAY FROM A312 ACCOUNT OTHER MIL ACTIVITY IN RESTR AREA. RPTR WAS NOT TOLD OF THE MIL ACTIVITY IN 22A WHICH WAS GND-TO-AIR MISSILE FIRING. THE MOA 22A HAD A BUFFER OF 45 NM AROUND IT AS WELL, WHICH HE THINKS HE PENETRATED DURING HIS WX DEV. IN CHKING BACK WITH DISPATCH AFTER THE INCIDENT, HE WAS INFORMED THAT DISPATCH DID INDEED HAVE THE NOTAMS, THEY WERE AVAILABLE 24 HRS PREVIOUS TO RELEASE BUT FOR SOME REASON, DISPATCHER FAILED TO CATCH THEM FOR AN INITIAL RERTE. SO HE DEPARTED ON HIS OWN, HAD A RERTE ACCOUNT OF WX FROM ZNY BUT THEN WASN'T FULLY INFORMED AS TO WHY HE COULDN'T GET THE SHORTER A312. LUCKILY, HE HAD EXTRA FUEL AS THEY WERE 'TANKERING' FUEL BECAUSE OF HIGHER PRICES IN ST. MAARTEN. HE HAD DEVIATED W FROM A632 AS THAT WAS TAKING HIM CLOSER TO HIS DESIRED RTE, NOT AWAY, AS A TURN TO THE E WOULD HAVE DONE. FLT WAS 15 MINS LATE. RPTR STATED THAT IF HE FINDS ANY MORE INFO RELATED TO THE LAPSE IN DISPATCH PROCS HE WILL SEND A SUPPLEMENTAL FORM TO THIS OFFICE.

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.