Originally Posted by 747JJ
I think no more arguments about what wording is required to declare an emergency in US of A.
FAA AIM Section 3. Distress and Urgency Procedures
6-3-1. Distress and Urgency Communications
c. The initial communication, and if considered necessary, any subsequent transmissions by an aircraft in distress should begin with the signal MAYDAY, preferably repeated three times. The signal PAN-PAN should be used in the same manner for an urgency condition
But, at the same time, the ATC Order 7110.65 says:
10-1-1. EMERGENCY DETERMINATIONS
a. An emergency can be either a Distress or an Urgency condition as defined in the “Pilot/Controller Glossary.”
b. A pilot who encounters a Distress condition should declare an emergency by beginning the initial communication with the word “Mayday,” preferably repeated three times. For an Urgency condition, the word “Pan‐Pan”should be used in the same manner.
c. If the words “Mayday” or “Pan‐Pan”are not used and you are in doubt that a situation constitutes an emergency or potential emergency, handle it as though it were an emergency.
d. Because of the infinite variety of possible emergency situations, specific procedures cannot be prescribed. However, when you believe an emergency exists or is imminent, select and pursue a course of action which appears to be most appropriate under the circumstances and which most nearly conforms to the instructions in this manual.
(Bold added for emphasis.)
That puts the onus on the controller to treat the situation as an emergency even if the pilot never says the magic words.
I think the problem here is that the pilot essentially presented ATC with a potential "emergency" as a threat, in order to get his preferred runway. (on edit: Or at least that's how it comes across from the limited information that's publically available at this time--the LiveATC recording.) From the perspective of the controller, that really muddies the waters with respect to the "course of action which appears to be most appropriate under the circumstances." A more cooperative tone from the pilot earlier on might've led to this appearing to be the non-event that it ended up being.
(And as always, since I don't post here frequently, I add the disclaimer, I'm neither a pilot nor a controller, but my wife is an ATC, and this is the stuff of our dinner table conversations, and pillow talk...)