Narrative:

En route to ZZZ1 we were on the arrival. On descent we were given hold over fix 1 but prior to entering the hold we were cleared on course. Then given a hold over fix 2 where we did 1 turn in moderate turbulence and ATC offered a hold at fix 1; after 1 turn in the hold and descending to find smooth air ATC directed us to hold at fix 3. We proceeded on to hold at fix 3 and after 1 turn at that location there was convective activity with buildups and moderate turbulence. ATC then approved a hold over fix 4 after descending to 11000 ft we were cleared direct. Upon reaching fix 4 there was a thunderstorm about 1 mi to the right of the VOR; we were cleared for right turns which would fly us right into the cell. We asked for left turns and that was not approved for airspace limits. We proceeded past the VOR because we told ATC we could not accept a hold at that location with right turns. He told us to turn direct fix 4 or to declare an emergency and squawk 7700. We declared an emergency and squawked 7700. And told them we were going to divert to ZZZ2. We were then cleared to continue a left turn to heading 090 degrees and cleared on to ZZZ. Then shortly after cleared direct fix 5 and to return to previous transponder code. Remainder of approach and landing uneventful. There was convective activity throughout and a large amount of congestion on the frequency and we were unable to communicate with ATC in a timely manner to inform them that fix 4 would not be an adequate facility to hold at. ATC was very busy and quite helpful but the amount of frequency congestion; ATC workload and pilot workload resulted in communications in a less than timely manner. In order to maintain the safety of the flight and passenger we had to declare an emergency to avoid flying into convective WX.

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Original NASA ASRS Text

Title: AN EMER IS DECLARED AT ATC'S SUGGESTION WHEN A B757 CREW IS UNABLE TO ACCEPT THE FIFTH HOLDING CLRNC OFFERED BECAUSE OF THE LOCATION'S PROX TO CONVECTIVE WX.

Narrative: ENRTE TO ZZZ1 WE WERE ON THE ARR. ON DSCNT WE WERE GIVEN HOLD OVER FIX 1 BUT PRIOR TO ENTERING THE HOLD WE WERE CLRED ON COURSE. THEN GIVEN A HOLD OVER FIX 2 WHERE WE DID 1 TURN IN MODERATE TURB AND ATC OFFERED A HOLD AT FIX 1; AFTER 1 TURN IN THE HOLD AND DSNDING TO FIND SMOOTH AIR ATC DIRECTED US TO HOLD AT FIX 3. WE PROCEEDED ON TO HOLD AT FIX 3 AND AFTER 1 TURN AT THAT LOCATION THERE WAS CONVECTIVE ACTIVITY WITH BUILDUPS AND MODERATE TURB. ATC THEN APPROVED A HOLD OVER FIX 4 AFTER DSNDING TO 11000 FT WE WERE CLRED DIRECT. UPON REACHING FIX 4 THERE WAS A TSTM ABOUT 1 MI TO THE R OF THE VOR; WE WERE CLRED FOR R TURNS WHICH WOULD FLY US RIGHT INTO THE CELL. WE ASKED FOR L TURNS AND THAT WAS NOT APPROVED FOR AIRSPACE LIMITS. WE PROCEEDED PAST THE VOR BECAUSE WE TOLD ATC WE COULD NOT ACCEPT A HOLD AT THAT LOCATION WITH R TURNS. HE TOLD US TO TURN DIRECT FIX 4 OR TO DECLARE AN EMER AND SQUAWK 7700. WE DECLARED AN EMER AND SQUAWKED 7700. AND TOLD THEM WE WERE GOING TO DIVERT TO ZZZ2. WE WERE THEN CLRED TO CONTINUE A L TURN TO HDG 090 DEGS AND CLRED ON TO ZZZ. THEN SHORTLY AFTER CLRED DIRECT FIX 5 AND TO RETURN TO PREVIOUS XPONDER CODE. REMAINDER OF APCH AND LNDG UNEVENTFUL. THERE WAS CONVECTIVE ACTIVITY THROUGHOUT AND A LARGE AMOUNT OF CONGESTION ON THE FREQ AND WE WERE UNABLE TO COMMUNICATE WITH ATC IN A TIMELY MANNER TO INFORM THEM THAT FIX 4 WOULD NOT BE AN ADEQUATE FACILITY TO HOLD AT. ATC WAS VERY BUSY AND QUITE HELPFUL BUT THE AMOUNT OF FREQ CONGESTION; ATC WORKLOAD AND PLT WORKLOAD RESULTED IN COMS IN A LESS THAN TIMELY MANNER. IN ORDER TO MAINTAIN THE SAFETY OF THE FLT AND PAX WE HAD TO DECLARE AN EMER TO AVOID FLYING INTO CONVECTIVE WX.

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.