THE FLC OF A B767 EXERCISES THEIR EMER AUTH WHEN THEY ARE UNABLE TO AVOID TURB WITH A CHANGE OF ALT IN ZNY AIRSPACE.

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LOCATION: 50 MI SE KWINN. ENRTE KWINN-GABES; FLT WAS ASSIGNED FL270 FOR RTE BECAUSE OF TFC. FL370 WAS FILED. AFTER KWINN WE BEGAN EXPERIENCING LIGHT TO MODERATE CHOP FOLLOWED BY LIGHT TO INTERMEDIATE MODERATE TURB. MODERATE PRECIP BEGAN APPEARING AT OUR 12 O'CLOCK; 50 MI. NOT WANTING ANY WORSE TURB; I INSTRUCTED THE FO TO INFORM NEW YORK COMMERCIAL RADIO I WAS USING EMER AUTH TO DEVIATE NE OF COURSE 30 MI. I THEN TURNED NE AND DEVIATED UP TO 22 MI L OF COURSE TO AVOID THE HVY PRECIP. STILL WE ENCOUNTERED UP TO MODERATE TURB. CTR CAME ON THE FREQ AND ADVISED US TO DSND TO FL260 FOR TFC ON OUR L AND THEN CLRED US TO DEVIATE L OF COURSE. WE COMPLIED AND RPTED BACK ON COURSE BY ABEAM CREEQ INTXN. I DID NOT HAVE THE TIME TO REQUEST AND THEN WAIT FOR CTR RELAY TO COMMERCIAL RADIO FOR CLRNC TO DEV FROM COURSE. EXPERIENCE HAS SHOWN ME THAT THESE REQUESTS TAKE AT LEAST SEVERAL MINS. SUPPLEMENTAL INFO FROM ACN 395324: 240 NM N GABES INTXN; FLT WAS ASSIGNED FL270 DUE TO TFC. FILED FOR FL370 UNAVAILABLE. AFTER KWINN WE BEGAN EXPERIENCING MODERATE TURB; MODERATE PRECIP WAS AT 12 O'CLOCK AND 50 MI. TO AVOID TURB; EXERCISED EMER AUTH TO AVOID WX AND TURB; AND CALLED COMMERCIAL RADIO TO DEV 30 NM E OF COURSE. ZNY CAME ON FREQ AND CLRED US TO FL260 FOR TFC. MAX DEV WAS 22 MI E OF COURSE 223 MI N OF GABES. NOTIFIED DISPATCH VIA SATCOM. NO INJURIES INCURRED TO PAX OF CREW.