NOT CERTIFIED FOR RVSM; AND UNABLE TO STAY ABOVE THE AIRSPACE DUE TO HIGH TEMP; A LEAR JET REQUESTS DSCNT BELOW THE AIRSPACE TO REMAIN IN COMPLIANCE; BUT IS UNABLE TO GET CLRNC FROM ATC. THE FLT IS COMPLETED WITHIN THE AIRSPACE.

Narrative

DEPARTED KEFLAVIK; ICELAND; ENRTE TO GOOSE BAY NEWFOUNDLAND. AFTER CLBING TO A REQUESTED FL430. THE ACFT WAS UNABLE TO MAINTAIN ALT DUE TO A RAPID INCREASE IN TEMP AT THAT ALT. THE FLT CREW MADE A DECISION BASED ON SAFETY; AND REQUESTED A DSCNT TO A LOWER LEVEL OF FL280 THAT WOULD INCLUDE A DSCNT THROUGH RVSM AIRSPACE. THE ACFT WAS EQUIPPED; AND THE FLT CREW WAS QUALIFIED FOR RVSM OPS. HOWEVER; FINAL RVSM PAPERWORK APPROVAL HAD NOT YET BEEN RECEIVED FROM THE FAA. THE CREW RECOGNIZED A CONTINUOUS DSCNT WOULD BE NECESSARY TO NON-RVSM AIRSPACE. THE CTLING AGENCIES WERE ABLE TO GRANT A DSCNT TO FL410; THEN TO FL380; WHICH WAS IN THE CONFINES OF RVSM AIRSPACE. THE FLT CREW CONTINUED TO REMIND THE CTLING AGENCY THE ACFT WAS NOT PERMITTED TO OPERATE IN THAT AREA; WE COULD ONLY TRANSITION THROUGH IT. THE CREW WAS READY TO ACCEPT A DSCNT TO FL280 AT ANY TIME; BUT WAS DENIED BY THE CTLING AGENCY DUE TO TFC CONFLICTS. THE REMAINDER OF THE FLT WAS CONTINUED AT FL380 AT THE REQUEST OF GANDER OCEANIC CTLRS. THE FLT CREW WAS NOTIFIED ONCE IN RADAR CONTACT THAT A DEV RPT WILL BE FILED. WITH SAFETY ALWAYS IN MIND; THERE IS NOTHING DIFFERENT THAT COULD HAVE BEEN DONE IN THIS SIT OTHER THAN TURN AROUND. THE CREW WAS IN FULL COMPLIANCE WITH ALL ALTS ISSUED BY GANDER OCEANIC. THE REQUEST FOR A NON-RVSM ALT WAS CONTINUALLY DENIED. THE FLT CONTINUED AT FL380 TO DEST AT THE REQUEST OF GANDER OCEANIC CTLRS.