Narrative:

While working with ZBW, we were given many delaying vectors in the area of the weard intersection. At XA30 we received a holding clearance at weard with an efc of XB30 local. While holding, I spoke with the ny controller (125.5) on our second radio. I told him where and what we were doing and asked him if it would be possible for him to work us in VFR to ewr. His response was that he probably could fit us in. I told him that we get back to him. I then spoke with our dispatch and they agreed that we should give it a try. I then canceled IFR with bos and descended to 8500 ft proceeding direct sax (with advisories from bos). When we contacted ny on 125.5, he said to stay in the sax area and he would get back to us. I then called ewr on 127.85 and asked him what options we have on getting in to ewr. He suggested to head towards mmu and he would fit us in on runway 11. I told the ny approach controller the reason we wanted to come in VFR is that we did not have the holding fuel to hold with the efc given. I never said that we were at 'minimum fuel' or gave a minimum fuel advisory. At no time did we infringe on class B airspace. We landed at ewr with 1240 pounds of fuel onboard (55 mins). When we taxied, I asked to call the tower. When I called I spoke with tower, he said that he was going to take the issue further and I should also call ny TRACON. When I spoke with the ewr sector supervisor, we felt that there was no reason to continue any other actions. I feel that when I made the first call to ny approach, he should have told me that, due to the problems that ewr just had and the amount of traffic inbound, that ewr could not take any inbound VFR aircraft. We would continue to hold until fuel required us to divert to another airport. Also better communications between ny and ZBW controllers. They don't always tell each other what is going on. Supplemental information from acn 344917: frequency loss at ewr approach required all inbound aircraft to hold. As we proceeded toward sax VOR, I became increasingly concerned with deteriorating visibility. I advocated reestablishing IFR clearance to alternate as we were getting low on fuel. The captain insisted that this was normal procedure in the northeast. When we reached sax VOR the visibility was 3-4 NM and we were depending heavily upon TCASII for traffic avoidance. We called newark approach control and were told that it would be at least 30 mins before they could take us VFR. Rather than advising minimum fuel, the captain called the final controller at ewr who told us that if we proceeded toward morristown, nj, they could 'work us in.'

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Original NASA ASRS Text

Title: ATR42 INBOUND EWR WAS CLRED HOLD FOR 1 HR ACCOUNT FREQ FAILURE N90. CAPT REQUESTED CLRNC TO PROCEED VFR FROM EWR AND COMPANY DISPATCH ACCOUNT FUEL. FO VERY UNCOMFORTABLE WITH DECISION. CAPT WENT DIRECT TO TWR WHEN FURTHER DELAY WAS ISSUED AND LANDED WITH 55 MINS FUEL ON BOARD. NO FUEL EMER WAS DECLARED AND TWR VERY UPSET.

Narrative: WHILE WORKING WITH ZBW, WE WERE GIVEN MANY DELAYING VECTORS IN THE AREA OF THE WEARD INTXN. AT XA30 WE RECEIVED A HOLDING CLRNC AT WEARD WITH AN EFC OF XB30 LCL. WHILE HOLDING, I SPOKE WITH THE NY CTLR (125.5) ON OUR SECOND RADIO. I TOLD HIM WHERE AND WHAT WE WERE DOING AND ASKED HIM IF IT WOULD BE POSSIBLE FOR HIM TO WORK US IN VFR TO EWR. HIS RESPONSE WAS THAT HE PROBABLY COULD FIT US IN. I TOLD HIM THAT WE GET BACK TO HIM. I THEN SPOKE WITH OUR DISPATCH AND THEY AGREED THAT WE SHOULD GIVE IT A TRY. I THEN CANCELED IFR WITH BOS AND DSNDED TO 8500 FT PROCEEDING DIRECT SAX (WITH ADVISORIES FROM BOS). WHEN WE CONTACTED NY ON 125.5, HE SAID TO STAY IN THE SAX AREA AND HE WOULD GET BACK TO US. I THEN CALLED EWR ON 127.85 AND ASKED HIM WHAT OPTIONS WE HAVE ON GETTING IN TO EWR. HE SUGGESTED TO HEAD TOWARDS MMU AND HE WOULD FIT US IN ON RWY 11. I TOLD THE NY APCH CTLR THE REASON WE WANTED TO COME IN VFR IS THAT WE DID NOT HAVE THE HOLDING FUEL TO HOLD WITH THE EFC GIVEN. I NEVER SAID THAT WE WERE AT 'MINIMUM FUEL' OR GAVE A MINIMUM FUEL ADVISORY. AT NO TIME DID WE INFRINGE ON CLASS B AIRSPACE. WE LANDED AT EWR WITH 1240 LBS OF FUEL ONBOARD (55 MINS). WHEN WE TAXIED, I ASKED TO CALL THE TWR. WHEN I CALLED I SPOKE WITH TWR, HE SAID THAT HE WAS GOING TO TAKE THE ISSUE FURTHER AND I SHOULD ALSO CALL NY TRACON. WHEN I SPOKE WITH THE EWR SECTOR SUPVR, WE FELT THAT THERE WAS NO REASON TO CONTINUE ANY OTHER ACTIONS. I FEEL THAT WHEN I MADE THE FIRST CALL TO NY APCH, HE SHOULD HAVE TOLD ME THAT, DUE TO THE PROBS THAT EWR JUST HAD AND THE AMOUNT OF TFC INBOUND, THAT EWR COULD NOT TAKE ANY INBOUND VFR ACFT. WE WOULD CONTINUE TO HOLD UNTIL FUEL REQUIRED US TO DIVERT TO ANOTHER ARPT. ALSO BETTER COMS BTWN NY AND ZBW CTLRS. THEY DON'T ALWAYS TELL EACH OTHER WHAT IS GOING ON. SUPPLEMENTAL INFO FROM ACN 344917: FREQ LOSS AT EWR APCH REQUIRED ALL INBOUND ACFT TO HOLD. AS WE PROCEEDED TOWARD SAX VOR, I BECAME INCREASINGLY CONCERNED WITH DETERIORATING VISIBILITY. I ADVOCATED REESTABLISHING IFR CLRNC TO ALTERNATE AS WE WERE GETTING LOW ON FUEL. THE CAPT INSISTED THAT THIS WAS NORMAL PROC IN THE NE. WHEN WE REACHED SAX VOR THE VISIBILITY WAS 3-4 NM AND WE WERE DEPENDING HEAVILY UPON TCASII FOR TFC AVOIDANCE. WE CALLED NEWARK APCH CTL AND WERE TOLD THAT IT WOULD BE AT LEAST 30 MINS BEFORE THEY COULD TAKE US VFR. RATHER THAN ADVISING MINIMUM FUEL, THE CAPT CALLED THE FINAL CTLR AT EWR WHO TOLD US THAT IF WE PROCEEDED TOWARD MORRISTOWN, NJ, THEY COULD 'WORK US IN.'

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.