Narrative:

After passing our ETP2 point on the ETOPS proving run; the first officer and I were advised by our FAA inspector that the next event would be a simulated actual emergency about which both domestic and international ATC had been advised. We were to follow standard procedures as though the event were actual including a descent and diversion to our alternate. We were given a red card indicating the failure of our left engine. As the pm; after completing the engine out checklist; I advised the first officer to fly a 15 nm offset to the north of track and begin a descent to our single engine ceiling of FL270. I then advised radio of our simulated emergency (declaring a simulated emergency); about our 15 nm offset and that we were descending to FL270. Radio stated 'roger'. After we were established on a 15 nm offset I advised radio we were established on a 15 nm offset in a descent to FL270. He again stated 'roger'. At some point ATC asked for our current altitude and I gave it to him followed by descending to FL270. He came back with ATC advises we do not have an IFR clearance to descend to FL270. I stated again we were declaring a simulated emergency and were descending to FL270. He stated traffic would be at a fix at a specific time. I stated we would expedite through FL290. The first officer then expedited through FL290. I reported passing FL290 and level FL270. We were then given a clearance direct our destination at FL270. I was advised today that the international ATC might have an issue with our emergency descent. The FAA advised that the clearance to simulate an engine failure; diversion and descent were already cleared through domestic and international ATC agencies. There now is a question regarding that alleged clearance. My crew followed what we believed were instructions allowing the simulated event to take place in a real time scenario.

Google
 

Original NASA ASRS Text

Title: A B737 Crew conducting an ETOPS certification flight under the direction of an ETOPS Evaluation Team and supposedly coordinated between International ATC organizations was informed after the fact that clearance may not have been obtained for the mission.

Narrative: After passing our ETP2 point on the ETOPS proving run; the First Officer and I were advised by our FAA Inspector that the next event would be a simulated actual emergency about which both Domestic and International ATC had been advised. We were to follow standard procedures as though the event were actual including a descent and diversion to our alternate. We were given a red card indicating the failure of our left engine. As the PM; after completing the engine out checklist; I advised the First Officer to fly a 15 nm offset to the north of track and begin a descent to our single engine ceiling of FL270. I then advised Radio of our simulated emergency (declaring a simulated emergency); about our 15 nm offset and that we were descending to FL270. Radio stated 'Roger'. After we were established on a 15 nm offset I advised Radio we were established on a 15 nm offset in a descent to FL270. He again stated 'Roger'. At some point ATC asked for our current altitude and I gave it to him followed by descending to FL270. He came back with ATC advises we do not have an IFR clearance to descend to FL270. I stated again we were declaring a simulated emergency and were descending to FL270. He stated traffic would be at a fix at a specific time. I stated we would expedite through FL290. The First Officer then expedited through FL290. I reported passing FL290 and level FL270. We were then given a clearance direct our destination at FL270. I was advised today that the International ATC might have an issue with our emergency descent. The FAA advised that the clearance to simulate an engine failure; diversion and descent were already cleared through Domestic and International ATC Agencies. There now is a question regarding that alleged clearance. My crew followed what we believed were instructions allowing the simulated event to take place in a real time scenario.

Data retrieved from NASA's ASRS site as of April 2012 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.