Narrative:

There were level 2 and level 3 thunderstorms in the phoenix, az, area, with a SIGMET for moderate icing from 7000 ft MSL to FL180. We were issued, and flew the dry heat departure SID out of phx. After takeoff on runway 7L, after turning to a heading of 075 degrees, climbing through 1550 ft, and then to a 100 degree heading for vectors and after passing the 4 DME, it became obvious that there was level 1, 2, and 3 activity with turbulence off of the left wing (northeast) of the aircraft, as evidenced on our color, WX radar. The WX extended along the pxr 070 degree radial to bayta intersection. As we were paralleling the edge of this WX, while flying our SID heading of 100 degrees, we requested to proceed direct to the next waypoint 'chopa,' which was also on the dry heat SID. After the controller issued instructions to fly through the worst of the displayed turbulence, direct to bayta intersection, the controller advised that they had just given airspace to the military (R2310?) and that we would 'nick' the northern edge of it if we didn't turn. I turned as much as I could toward the north. The controller was not able to get through to the military to coordinate, so I may have nicked a corner of military airspace in order to provide a safe ride for my passenger. We were subsequently cleared direct dry heat, direct irw, flight plan route. Problem: the problem is on-going, that military operation areas take precedence over civilian airline passenger safety, during periods of adverse WX/severe WX conditions, thereby drastically limiting the options available for WX deviations and severe WX avoidance. The military is slow to respond (or not at all) in a timely fashion for requests to deviate into MOA's, and the military is slow/reluctant to relinquish control of an MOA. Back to civilian ATC control, solution: when the WX is hazardous, the military should relinquish control of special airspace, back to the air traffic controllers for optimum WX deviation potential, so as to enhance public safety. Note: limited airspace in the 1) orf arrival rtes and 2) phx area, military sua creates safety concerns during severe WX avoidance conditions.

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Original NASA ASRS Text

Title: B752 FLC REQUIRED TO WX DEVIATE INTO MOA. ATC UNABLE TO EFFECT INTERFAC COORD FOR DEV.

Narrative: THERE WERE LEVEL 2 AND LEVEL 3 TSTMS IN THE PHOENIX, AZ, AREA, WITH A SIGMET FOR MODERATE ICING FROM 7000 FT MSL TO FL180. WE WERE ISSUED, AND FLEW THE DRY HEAT DEP SID OUT OF PHX. AFTER TKOF ON RWY 7L, AFTER TURNING TO A HDG OF 075 DEGS, CLBING THROUGH 1550 FT, AND THEN TO A 100 DEG HDG FOR VECTORS AND AFTER PASSING THE 4 DME, IT BECAME OBVIOUS THAT THERE WAS LEVEL 1, 2, AND 3 ACTIVITY WITH TURB OFF OF THE L WING (NE) OF THE ACFT, AS EVIDENCED ON OUR COLOR, WX RADAR. THE WX EXTENDED ALONG THE PXR 070 DEG RADIAL TO BAYTA INTXN. AS WE WERE PARALLELING THE EDGE OF THIS WX, WHILE FLYING OUR SID HDG OF 100 DEGS, WE REQUESTED TO PROCEED DIRECT TO THE NEXT WAYPOINT 'CHOPA,' WHICH WAS ALSO ON THE DRY HEAT SID. AFTER THE CTLR ISSUED INSTRUCTIONS TO FLY THROUGH THE WORST OF THE DISPLAYED TURB, DIRECT TO BAYTA INTXN, THE CTLR ADVISED THAT THEY HAD JUST GIVEN AIRSPACE TO THE MIL (R2310?) AND THAT WE WOULD 'NICK' THE NORTHERN EDGE OF IT IF WE DIDN'T TURN. I TURNED AS MUCH AS I COULD TOWARD THE N. THE CTLR WAS NOT ABLE TO GET THROUGH TO THE MIL TO COORDINATE, SO I MAY HAVE NICKED A CORNER OF MIL AIRSPACE IN ORDER TO PROVIDE A SAFE RIDE FOR MY PAX. WE WERE SUBSEQUENTLY CLRED DIRECT DRY HEAT, DIRECT IRW, FLT PLAN RTE. PROB: THE PROB IS ON-GOING, THAT MIL OP AREAS TAKE PRECEDENCE OVER CIVILIAN AIRLINE PAX SAFETY, DURING PERIODS OF ADVERSE WX/SEVERE WX CONDITIONS, THEREBY DRASTICALLY LIMITING THE OPTIONS AVAILABLE FOR WX DEVS AND SEVERE WX AVOIDANCE. THE MIL IS SLOW TO RESPOND (OR NOT AT ALL) IN A TIMELY FASHION FOR REQUESTS TO DEVIATE INTO MOA'S, AND THE MIL IS SLOW/RELUCTANT TO RELINQUISH CTL OF AN MOA. BACK TO CIVILIAN ATC CTL, SOLUTION: WHEN THE WX IS HAZARDOUS, THE MIL SHOULD RELINQUISH CTL OF SPECIAL AIRSPACE, BACK TO THE AIR TFC CTLRS FOR OPTIMUM WX DEV POTENTIAL, SO AS TO ENHANCE PUBLIC SAFETY. NOTE: LIMITED AIRSPACE IN THE 1) ORF ARR RTES AND 2) PHX AREA, MIL SUA CREATES SAFETY CONCERNS DURING SEVERE WX AVOIDANCE CONDITIONS.

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.