Date: 201911
Local time of day: 0601-1200
Location: EWR.Airport, NJ
Aircraft: Commercial Fixed Wing
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Initial Approach
Airspace: Class B EWR
ATC / advisory: TRACON N90
Reporter organization: Air Carrier
Reporter function: Captain; Pilot Not Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP); Flight Crew Multiengine; Flight Crew Instrument
Human factors: Workload; Distraction; Communication Breakdown; Confusion
Second reporter function: Relief Pilot; Pilot Not Flying
Anomaly: ATC Issue All Types; Deviation - Track / Heading All Types; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Issued New Clearance; Flight Crew Became Reoriented; Flight Crew Overcame Equipment Problem; Flight Crew Requested ATC Assistance / Clarification
Contributing factors: Airspace Structure; Environment - Non Weather Related; Human Factors; Procedure
Primary problem: Procedure

Narrative: FLOSI 3 RNAV STAR arrival into EWR. The VNAV performance was causing a distraction to the entire three person crew. I was the monitoring pilot and was documenting the VNAV abnormality for further investigation. The First Officer (FO) was managing the VNAV problem with MCP inputs in order to make the last minute ATC crossing restriction CRANK at 8;000. Shortly after crossing CRANK Boston Center told us to contact NY Approach on 120.15.I switched to the cleared frequency and it was immediately apparent that it was very busy with non-stop clearances and read backs. Before there was a break in the transmissions for me to check in; approach gave us a clearance 210 heading; decent 6;000; ILS 22L ATIS Foxtrot. I read back the clearance and the FO followed the clearance. Within three minutes; NY approach transmission stated 'For the third time; fly direct to TEB decent 5;000.' I acknowledged the clearance. I was not certain of the altitude we were cleared to and was very surprised to hear approach say 'For the third time;' meaning it was the third time the Controller had given us the direct TEB. I verified with the crew if our altitude clearance was 5;000. We all agreed to get clarification and I did so. Not one of us heard a clearance to go direct TEB until approach gave us the clearance to go direct TEB for the third time.'


Second narrative: FLOSI 3 RNAV STAR arrival into EWR. The VNAV performance was causing a distraction to the entire 3 person crew. I was the Relief Pilot. The First Officer was managing a VNAV problem with MCP (Mode Control Panel) inputs in order to make the last minute ATC crossing restriction CRANK at 8;000 feet. Shortly after crossing CRANK Boston Center told us to contact NY Approach on 120.15. The Captain switched to the cleared frequency and it was immediately apparent that it was very busy with nonstop clearances and read backs. Before there was a break in the transmissions for him to check in; approach gave us a clearance; 'Aircraft X; 210 heading; decent 7;000; ILS 22L ATIS foxtrot.' The Captain read back the clearance and the First Officer followed the clearance. Within 3 minutes; NY approach transmission stated 'Aircraft X for the third time; fly direct to TEB decent 6;000 feet.' The Captain acknowledged the Direct TEB; but not the altitude. We were still going down to 7;000 at this time. I mentioned to the crew that I believed we were cleared to 6;000. The Captain confirmed the clearance and we continued to descend to 6;000 feet with no further issue; but that was after the Controller altitude said 'yes cleared direct TEB. Down to 6;000 feet for the third time' meaning it was the third time the Controller had given us the direct TEB. The Captain verified with the crew that our altitude clearance was 6;000 feet. We all agreed to get clarification and the Captain did so. Not one of us heard a clearance to go direct TEB until approach gave us the clearance to go direct TEB 'for the third time.'


Synopsis: Air carrier Captain and Relief Pilot reported receiving notice from ATC; while on FLOSI 3 RNAV arrival to EWR; that it was the third time they were issuing a clearance. Reporters referenced the frequency was very busy.