What happened
The FAA’s narrative, in sentence case. The FAA writes it in capitals and removes private details.
(-23) Skw 98B was filed for FL 390. The capability for the aircraft to cruise at FL 390 was predicated on a planned takeoff weight of 71,142. Actual takeoff weight was 75,329. Shortly after leveling off at FL 390, the aircraft would not maintain safe speed. The crew requested FL 370 but was denied because of conflicting traffic at FL380. The crew requested lower two more times, but failed to advise ATC of the nature and gravity of their situation. ATC attempted to ellicit information from the crew on two separate occassions. After the third request for lower was denied, the crew initiated a descent to FL 370 and declared an emergency. This incident was caused by the crew's failure to determine that because of the increased weight, the aircraft would be incapable of cruising at FL 390. The criticality of the incident was exacerbated by the crew's reluctance to inform ATC of the nature and gravity of their situation. Note: an asap report was filed by the crew and accepted by the skywest airlines asap event review committee.
As the FAA filed it
(-23) SKW 98B WAS FILED FOR FL 390. THE CAPABILITY FOR THE AIRCRAFT TO CRUISE AT FL 390 WAS PREDICATED ON A PLANNED TAKEOFF WEIGHT OF 71,142. ACTUAL TAKEOFF WEIGHT WAS 75,329. SHORTLY AFTER LEVELING OFF AT FL 390, THE AIRCRAFT WOULD NOT MAINTAIN SAFE SPEED. THE CREW REQUESTED FL 370 BUT WAS DENIED BECAUSE OF CONFLICTING TRAFFIC AT FL380. THE CREW REQUESTED LOWER TWO MORE TIMES, BUT FAILED TO ADVISE ATC OF THE NATURE AND GRAVITY OF THEIR SITUATION. ATC ATTEMPTED TO ELLICIT INFORMATION FROM THE CREW ON TWO SEPARATE OCCASSIONS. AFTER THE THIRD REQUEST FOR LOWER WAS DENIED, THE CREW INITIATED A DESCENT TO FL 370 AND DECLARED AN EMERGENCY. THIS INCIDENT WAS CAUSED BY THE CREW'S FAILURE TO DETERMINE THAT BECAUSE OF THE INCREASED WEIGHT, THE AIRCRAFT WOULD BE INCAPABLE OF CRUISING AT FL 390. THE CRITICALITY OF THE INCIDENT WAS EXACERBATED BY THE CREW'S RELUCTANCE TO INFORM ATC OF THE NATURE AND GRAVITY OF THEIR SITUATION. NOTE: AN ASAP REPORT WAS FILED BY THE CREW AND ACCEPTED BY THE SKYWEST AIRLINES ASAP EVENT REVIEW COMMITTEE.