B737 flight crew refuses ATC instruction to descend to lower cruise altitude due to fuel concerns.

Attributes
ACN	716217
Time
Date	200611
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : phx.airport
State Reference	AZ
Altitude	msl single value : 34000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zab.artcc
Operator	common carrier : air carrier
Make Model Name	B737-700
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	flight crew : first officer
Experience	flight time last 90 days : 240 flight time type : 240
ASRS Report	716217
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	non adherence : clearance
Independent Detector	other flight crewa
Resolutory Action	none taken : anomaly accepted
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Company Flight Crew Human Performance
Primary Problem	Flight Crew Human Performance

Narrative:

I was the pilot monitoring. We were cruising en route to phx initially at FL410. ZAB had us descend to FL380; then FL340. Controller told us the ride should be better at FL340 (it wasn't -- light chop). Controller directed descent to FL320. Captain jumped on the radio at this point and told controller we were staying at FL340. Controller questioned the response. Captain replied that we would stay at FL340 and that we did not want FL320 for a better ride. This exchange was repeated and controller asked whether this failure to comply with the controller instruction required supervisory attention/phone number. We descended to FL320 and were switched to new controller. Next controller passed us watch supervisor's phone number to call when we got on the ground. I resumed radio duties at this point. We had taken off approximately 5000 pounds heavy and captain had coordination with dispatch prior to departure. Despite cruising at a higher en route altitude than filed for fuel conservation the FMC was showing arrival with right at 5000 pounds fuel remaining. I believe the captain's concern for our fuel state resulted in his desire to remain as high as possible and that this concern was not understood by the controller. Ensure operational concerns that affect desired handling by ATC are clearly communicated and understood.

Original NASA ASRS Text

Title: B737 FLT CREW REFUSES ATC INSTRUCTION TO DSND TO LOWER CRUISE ALT DUE TO FUEL CONCERNS.

Narrative: I WAS THE PLT MONITORING. WE WERE CRUISING ENRTE TO PHX INITIALLY AT FL410. ZAB HAD US DSND TO FL380; THEN FL340. CTLR TOLD US THE RIDE SHOULD BE BETTER AT FL340 (IT WASN'T -- LIGHT CHOP). CTLR DIRECTED DSCNT TO FL320. CAPT JUMPED ON THE RADIO AT THIS POINT AND TOLD CTLR WE WERE STAYING AT FL340. CTLR QUESTIONED THE RESPONSE. CAPT REPLIED THAT WE WOULD STAY AT FL340 AND THAT WE DID NOT WANT FL320 FOR A BETTER RIDE. THIS EXCHANGE WAS REPEATED AND CTLR ASKED WHETHER THIS FAILURE TO COMPLY WITH THE CTLR INSTRUCTION REQUIRED SUPERVISORY ATTN/PHONE NUMBER. WE DSNDED TO FL320 AND WERE SWITCHED TO NEW CTLR. NEXT CTLR PASSED US WATCH SUPVR'S PHONE NUMBER TO CALL WHEN WE GOT ON THE GND. I RESUMED RADIO DUTIES AT THIS POINT. WE HAD TAKEN OFF APPROX 5000 LBS HVY AND CAPT HAD COORD WITH DISPATCH PRIOR TO DEP. DESPITE CRUISING AT A HIGHER ENRTE ALT THAN FILED FOR FUEL CONSERVATION THE FMC WAS SHOWING ARR WITH RIGHT AT 5000 LBS FUEL REMAINING. I BELIEVE THE CAPT'S CONCERN FOR OUR FUEL STATE RESULTED IN HIS DESIRE TO REMAIN AS HIGH AS POSSIBLE AND THAT THIS CONCERN WAS NOT UNDERSTOOD BY THE CTLR. ENSURE OPERATIONAL CONCERNS THAT AFFECT DESIRED HANDLING BY ATC ARE CLRLY COMMUNICATED AND UNDERSTOOD.

Data retrieved from NASA's ASRS site as of January 2009 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.