Narrative:

Use of oceanic airspace, coastal rtes, for WX avoidance. Subject aircraft's original route (jax-phx) called for a great circle route which would have taken the aircraft through several areas of severe convective WX. A revised coastal route was filed to keep the aircraft south of convective WX (jax- cty-lev J86 elp J50 sso-phx). Normal flight operation was under way until severe convective WX developed across the cty-lev leg segment. A deviation south of course was requested and received to circumnav the thunderstorms east of cty. This deviation took the aircraft south of J86. ZJX advised the aircraft that ZHU would not accept any handoff aircraft south of J86 and that the aircraft would have to turn north and intercept the original course. Both pilots (both rated capts) agreed doing this would require flying into the convective activity. This activity included multiple significant radar at and above our altitude (FL430) and multiple lightning display indications. Both pilots readily agreed this was not a safe area for flight and requested special permission to continue on the deviation heading. The crew believed ZJX contacted houston oceanic center to advise that the subject aircraft wanted temporary use of oceanic airspace for severe WX avoidance. ZJX returned with this statement: 'understand you are exercising your PIC authority/authorized to maintain safe flight condition.' the captain acknowledged his use of PIC authority/authorized for safe flight conditions. The aircraft was then handed off to houston oceanic control. Houston oceanic then asked the crew 'how much longer before the aircraft could accept a direct elp route?' we explained to houston oceanic that the current heading was needed for another 75 mi for severe WX avoidance. Houston oceanic acknowledged and reclred the aircraft 'direct elp when able, advise when turning direct.' the effect of the WX avoidance deviation was to penetrate houston oceanic airspace by approximately 40 NM. ZJX did make the appropriate handoff to houston oceanic. ZHU apparently did not want to accept the handoff with the aircraft in the boundary area. The crew had to use 'PIC authority/authorized for safe flight' to use the control zone boundary airspace for WX avoidance. Perhaps an easier method could be made available for high altitude, oceanic capable aircraft to use boundary airspace for WX avoidance. It should be recognized that this type of request is the exception, not the rule. However, having to use 'PIC' authority/authorized seems to be a drastic requirement for the crew needing airspace flexibility.

Related reports:

Google
 

Original NASA ASRS Text

Title: G4 CPR ACFT ENCOUNTERED SEVERE WX ENRTE AND DEVIATED AROUND WX WHICH TOOK ACFT S OF THE AIRWAY. WHEN CHANGING TO NEXT CTR CTLR, FLC WAS ADVISED BY LAST CTR CTLR THAT THE NEXT WOULD NOT ACCEPT THEM S OF COURSE. SINCE THE WX WAS TOO BAD TO FLY BACK TO THE AIRWAY, CTR ACCEPTED THE DEV AS CAPT AUTH TO MAINTAIN SAFE FLT CONDITIONS.

Narrative: USE OF OCEANIC AIRSPACE, COASTAL RTES, FOR WX AVOIDANCE. SUBJECT ACFT'S ORIGINAL RTE (JAX-PHX) CALLED FOR A GREAT CIRCLE RTE WHICH WOULD HAVE TAKEN THE ACFT THROUGH SEVERAL AREAS OF SEVERE CONVECTIVE WX. A REVISED COASTAL RTE WAS FILED TO KEEP THE ACFT S OF CONVECTIVE WX (JAX- CTY-LEV J86 ELP J50 SSO-PHX). NORMAL FLT OP WAS UNDER WAY UNTIL SEVERE CONVECTIVE WX DEVELOPED ACROSS THE CTY-LEV LEG SEGMENT. A DEV S OF COURSE WAS REQUESTED AND RECEIVED TO CIRCUMNAV THE TSTMS E OF CTY. THIS DEV TOOK THE ACFT S OF J86. ZJX ADVISED THE ACFT THAT ZHU WOULD NOT ACCEPT ANY HDOF ACFT S OF J86 AND THAT THE ACFT WOULD HAVE TO TURN N AND INTERCEPT THE ORIGINAL COURSE. BOTH PLTS (BOTH RATED CAPTS) AGREED DOING THIS WOULD REQUIRE FLYING INTO THE CONVECTIVE ACTIVITY. THIS ACTIVITY INCLUDED MULTIPLE SIGNIFICANT RADAR AT AND ABOVE OUR ALT (FL430) AND MULTIPLE LIGHTNING DISPLAY INDICATIONS. BOTH PLTS READILY AGREED THIS WAS NOT A SAFE AREA FOR FLT AND REQUESTED SPECIAL PERMISSION TO CONTINUE ON THE DEV HDG. THE CREW BELIEVED ZJX CONTACTED HOUSTON OCEANIC CTR TO ADVISE THAT THE SUBJECT ACFT WANTED TEMPORARY USE OF OCEANIC AIRSPACE FOR SEVERE WX AVOIDANCE. ZJX RETURNED WITH THIS STATEMENT: 'UNDERSTAND YOU ARE EXERCISING YOUR PIC AUTH TO MAINTAIN SAFE FLT CONDITION.' THE CAPT ACKNOWLEDGED HIS USE OF PIC AUTH FOR SAFE FLT CONDITIONS. THE ACFT WAS THEN HANDED OFF TO HOUSTON OCEANIC CTL. HOUSTON OCEANIC THEN ASKED THE CREW 'HOW MUCH LONGER BEFORE THE ACFT COULD ACCEPT A DIRECT ELP RTE?' WE EXPLAINED TO HOUSTON OCEANIC THAT THE CURRENT HDG WAS NEEDED FOR ANOTHER 75 MI FOR SEVERE WX AVOIDANCE. HOUSTON OCEANIC ACKNOWLEDGED AND RECLRED THE ACFT 'DIRECT ELP WHEN ABLE, ADVISE WHEN TURNING DIRECT.' THE EFFECT OF THE WX AVOIDANCE DEV WAS TO PENETRATE HOUSTON OCEANIC AIRSPACE BY APPROX 40 NM. ZJX DID MAKE THE APPROPRIATE HDOF TO HOUSTON OCEANIC. ZHU APPARENTLY DID NOT WANT TO ACCEPT THE HDOF WITH THE ACFT IN THE BOUNDARY AREA. THE CREW HAD TO USE 'PIC AUTH FOR SAFE FLT' TO USE THE CTL ZONE BOUNDARY AIRSPACE FOR WX AVOIDANCE. PERHAPS AN EASIER METHOD COULD BE MADE AVAILABLE FOR HIGH ALT, OCEANIC CAPABLE ACFT TO USE BOUNDARY AIRSPACE FOR WX AVOIDANCE. IT SHOULD BE RECOGNIZED THAT THIS TYPE OF REQUEST IS THE EXCEPTION, NOT THE RULE. HOWEVER, HAVING TO USE 'PIC' AUTH SEEMS TO BE A DRASTIC REQUIREMENT FOR THE CREW NEEDING AIRSPACE FLEXIBILITY.

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.