Narrative:

While in holding east of boston, ATC advised that field was closed indefinitely. Contacted dispatch for diversion to jfk. Dispatch issued us bdl and swf. ATC said wall of red from pvd to alb so we elected to divert to jfk. Dispatch advised us that they could not legally give us jfk because of fuel numbers based on our departure from cdg. We calculated that we indeed had enough fuel to meet all far legalities and proceeded to jfk under captain's emergency authority/authorized even though we never declared an emergency.

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Original NASA ASRS Text

Title: B767 FLC OVERRIDES COMPANY DISPATCH ARPT DIVERSION DUE TO WX, DEVIATION TO PIC'S ARPT OF CHOICE.

Narrative: WHILE IN HOLDING E OF BOSTON, ATC ADVISED THAT FIELD WAS CLOSED INDEFINITELY. CONTACTED DISPATCH FOR DIVERSION TO JFK. DISPATCH ISSUED US BDL AND SWF. ATC SAID WALL OF RED FROM PVD TO ALB SO WE ELECTED TO DIVERT TO JFK. DISPATCH ADVISED US THAT THEY COULD NOT LEGALLY GIVE US JFK BECAUSE OF FUEL NUMBERS BASED ON OUR DEP FROM CDG. WE CALCULATED THAT WE INDEED HAD ENOUGH FUEL TO MEET ALL FAR LEGALITIES AND PROCEEDED TO JFK UNDER CAPT'S EMER AUTH EVEN THOUGH WE NEVER DECLARED AN EMER.

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.