Narrative:

We topped off the fuel in sju to go to ewr and the flight plan called for 3 hours and 36 mins to reach our destination. As we approached sie VOR we were given holding instructions. After 20-25 mins of holding as we were reaching our efc time, ATC told us to extend our holding 'indefinitely.' the captain told him that we needed a firm efc and that fuel planning was a consideration. He also told him that our filed alternate was bdl, but phl was closer and we even had it in sight. He responded that he would work on getting an approach time and that phl was better option for him because we would have to fly up and around ewr in order to proceed to bdl. As I was listening to phl ATIS and getting ready to tell the company of our intention to go to phl, another aircraft of our company told us that phl still had trouble with snow on the ground and that they had backup delays for landing. Then they cleared us to ewr. The next controller told us to hold again and we told him that we could not hold any more and we were proceeding to bdl. He cleared us to bdl. Then again to ewr and told us that the next approach sector wanted us to go over sax for spacing. We told him we did not have the fuel for that and that we wanted priority. He asked how much fuel we had and we told him 35 to dry tanks. He said we would be on the ground before that. The captain told him we wanted to go to ewr now. His reply was that unless we declared an emergency we would have to go over sax. The captain said 'in that case we declare an emergency.' at that point we were given a vector directly to ewr and landed without further problems. We had 5000 pounds of fuel at touchdown.

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Original NASA ASRS Text

Title: FLC DECLARE EMER BECAUSE OF LOW FUEL DURING IMC.

Narrative: WE TOPPED OFF THE FUEL IN SJU TO GO TO EWR AND THE FLT PLAN CALLED FOR 3 HRS AND 36 MINS TO REACH OUR DEST. AS WE APCHED SIE VOR WE WERE GIVEN HOLDING INSTRUCTIONS. AFTER 20-25 MINS OF HOLDING AS WE WERE REACHING OUR EFC TIME, ATC TOLD US TO EXTEND OUR HOLDING 'INDEFINITELY.' THE CAPT TOLD HIM THAT WE NEEDED A FIRM EFC AND THAT FUEL PLANNING WAS A CONSIDERATION. HE ALSO TOLD HIM THAT OUR FILED ALTERNATE WAS BDL, BUT PHL WAS CLOSER AND WE EVEN HAD IT IN SIGHT. HE RESPONDED THAT HE WOULD WORK ON GETTING AN APCH TIME AND THAT PHL WAS BETTER OPTION FOR HIM BECAUSE WE WOULD HAVE TO FLY UP AND AROUND EWR IN ORDER TO PROCEED TO BDL. AS I WAS LISTENING TO PHL ATIS AND GETTING READY TO TELL THE COMPANY OF OUR INTENTION TO GO TO PHL, ANOTHER ACFT OF OUR COMPANY TOLD US THAT PHL STILL HAD TROUBLE WITH SNOW ON THE GND AND THAT THEY HAD BACKUP DELAYS FOR LNDG. THEN THEY CLRED US TO EWR. THE NEXT CTLR TOLD US TO HOLD AGAIN AND WE TOLD HIM THAT WE COULD NOT HOLD ANY MORE AND WE WERE PROCEEDING TO BDL. HE CLRED US TO BDL. THEN AGAIN TO EWR AND TOLD US THAT THE NEXT APCH SECTOR WANTED US TO GO OVER SAX FOR SPACING. WE TOLD HIM WE DID NOT HAVE THE FUEL FOR THAT AND THAT WE WANTED PRIORITY. HE ASKED HOW MUCH FUEL WE HAD AND WE TOLD HIM 35 TO DRY TANKS. HE SAID WE WOULD BE ON THE GND BEFORE THAT. THE CAPT TOLD HIM WE WANTED TO GO TO EWR NOW. HIS REPLY WAS THAT UNLESS WE DECLARED AN EMER WE WOULD HAVE TO GO OVER SAX. THE CAPT SAID 'IN THAT CASE WE DECLARE AN EMER.' AT THAT POINT WE WERE GIVEN A VECTOR DIRECTLY TO EWR AND LANDED WITHOUT FURTHER PROBS. WE HAD 5000 LBS OF FUEL AT TOUCHDOWN.

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.