Date: 201507
Local time of day: 1801-2400
Location: ZDC.ARTCC, VA
Weather elements / visibility: Thunderstorm
Light: Dusk
Aircraft: EMB ERJ 135 ER/LR
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Cruise
Airspace: Special Use W-386
ATC / advisory: Center ZDC
Reporter organization: Government
Reporter function: Enroute
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Workload; Time Pressure; Situational Awareness; Distraction; Communication Breakdown; Troubleshooting
Anomaly: ATC Issue All Types; Airspace Violation All Types; Deviation / Discrepancy - Procedural Clearance; Inflight Event / Encounter Weather / Turbulence
Detector: Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Provided Assistance; Air Traffic Control Issued New Clearance; Flight Crew Requested ATC Assistance / Clarification; Flight Crew Returned To Clearance
Contributing factors: Human Factors; Procedure; Weather; Airspace Structure
Primary problem: Weather

Narrative: While working sectors 23/54 I had multiple aircraft deviating for significant areas of weather throughout my sector. The airspace was restricted by Patuxent Restricted area to the west; and W-386 to the east. Patuxent was very accommodating in allowing aircraft to deviate through their airspace in order to avoid unsafe weather and thunderstorms. W-386 however was not. This has been an ongoing problem within our area regarding Giant Killer being unwilling and unable to compromise and help out by allowing point outs in various conditions. In this particular incident; Aircraft X came over level at FL220 and requested to deviate for a significant thunderstorm in front of them. Aircraft X chose to make a turn to the east; and when I asked the heading; said he was on a 175 heading. This would take him into the restricted area. As the pilot was at this point committed to going to the east to safely avoid the weather; I made a call to W-386 to point the aircraft out. W-386 had previously approved a point out on an aircraft northbound that was landing at ACY descending and going through the restricted area. In this situation W-386 told me that they were unable the point out due to fighters in the area. Aircraft X would have to remain clear of the airspace. When I told the controller at W-386 that the aircraft would be unable to remain clear due to unsafe conditions; he still was unwilling to accept the point out. He then informed me that he had fighters who were going to be exiting the restricted area; though all of the traffic within W-386 on my scope was east of VACAPES. As I was unable to get any help or guidance from the controller at W-386 I took charge of the situation and told him Aircraft X would be descending to 14;000ft. I did this knowing that fighters routinely exit W-386 near SWL where Aircraft X was at the time at altitudes between FL200 and FL230. I chose the altitude to descend to and dictated the situation because W-386 was unwilling to do so; and because I was not under any circumstances going to put an aircraft into unsafe or hazardous weather conditions. When the controller at W-386 asked me if the aircraft was an emergency I then [advised] him based on how he had phrased it and to possibly keep him safer as he progressed through the edges of the warning area. I had him squawk 7500 while in the warning area. Once the aircraft was safely clear of the restricted area I then told him to resume his previously assigned squawk code. The controllers at W-386 have been notorious for being inflexible in working with Washington Center. In the future when weather begins to play a factor in affecting traffic and routes on the east coast; it would be helpful to have VACAPES released to ZDC in order to buy us time as the traffic flow can be adjusted to fit the situation. The warning areas are extremely large and this is something that could easily be done to enhance the safety and flow of all without significantly impacting the military's ability to practice operations within the area.My suggestion and a very simple one to execute would be this. During weather events; have Washington Center be able to assume VACAPES from 10;000ft and above as needed once coordination has been done with the affected warning areas. Areas east of VACAPES would still be granted to the military at whatever altitudes they choose. This would allow for fighters to exit and enter the areas at 9;000 feet and below; which is plenty of room to get to and from their bases; and still practice maneuvers out in the area east of VACAPES. This would only come into play during periods of weather; and for the other 90 percent of the time would be a non-issue for the military. It would allow us room to vector aircraft while giving time for TMU to adjust the flows safely away from the warning areas as the weather moves to the east.




Synopsis: ZDC ARTCC Controller reported an aircraft that had to deviate for weather. Deviating would take the aircraft into a warning area with active flights. The warning area controller refused the point out. The reporting controller had the aircraft squawk 7500 and proceeded the aircraft through the edge of the warning area.