Narrative:

Departed runway 31L with a kennedy 3 SID departure and a breezy point climb. This departure requires proceeding direct to the cri VORTAC with a turn southwest so as to stay east of the cri 039 degree right. We were cleared to 5000' and after takeoff reclred to 7000'. My turn, in anticipation of the need to stay east of the cri 039 degree right, was made earlier than it should have been. Apparently this was due to strong winds out of the west. The controller advised me that we were 2 mi east of the cri VOR. He also indicated that another aircraft was at 4000' heading east. At that time we were in between layers and I saw the aircraft. We leveled off at about 3200' and thereafter continued our climb to 7000'. Admittedly, I did not go directly over cri VOR as the SID directed. But I wonder why with our rate of climb there was another aircraft that close to our position. There is, of course, a number of reasons why our rate of climb could change ie, an engine failure, or other mechanical problems. To control aircraft based on an assumed rate of climb under those flight conditions is not safe. And finally, all of this happened after a very long day and a 2:30 delay at jfk taxiing.

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Original NASA ASRS Text

Title: FLT CREW OF ACR MLG FLYING SID OUT OF JFK TURNS TOO SOON, THUS CREATING A POTENTIAL CONFLICT WITH ANOTHER ACFT NEAR THE CRI VOR. REPORTER BELIEVES THAT STRONG WESTERLY WINDS WERE PARTLY TO BLAME.

Narrative: DEPARTED RWY 31L WITH A KENNEDY 3 SID DEP AND A BREEZY POINT CLB. THIS DEP REQUIRES PROCEEDING DIRECT TO THE CRI VORTAC WITH A TURN SW SO AS TO STAY E OF THE CRI 039 DEG R. WE WERE CLRED TO 5000' AND AFTER TKOF RECLRED TO 7000'. MY TURN, IN ANTICIPATION OF THE NEED TO STAY E OF THE CRI 039 DEG R, WAS MADE EARLIER THAN IT SHOULD HAVE BEEN. APPARENTLY THIS WAS DUE TO STRONG WINDS OUT OF THE W. THE CTLR ADVISED ME THAT WE WERE 2 MI E OF THE CRI VOR. HE ALSO INDICATED THAT ANOTHER ACFT WAS AT 4000' HDG E. AT THAT TIME WE WERE IN BTWN LAYERS AND I SAW THE ACFT. WE LEVELED OFF AT ABOUT 3200' AND THEREAFTER CONTINUED OUR CLB TO 7000'. ADMITTEDLY, I DID NOT GO DIRECTLY OVER CRI VOR AS THE SID DIRECTED. BUT I WONDER WHY WITH OUR RATE OF CLB THERE WAS ANOTHER ACFT THAT CLOSE TO OUR POS. THERE IS, OF COURSE, A NUMBER OF REASONS WHY OUR RATE OF CLB COULD CHANGE IE, AN ENG FAILURE, OR OTHER MECHANICAL PROBS. TO CTL ACFT BASED ON AN ASSUMED RATE OF CLB UNDER THOSE FLT CONDITIONS IS NOT SAFE. AND FINALLY, ALL OF THIS HAPPENED AFTER A VERY LONG DAY AND A 2:30 DELAY AT JFK TAXIING.

Data retrieved from NASA's ASRS site as of July 2007 and automatically converted to unabbreviated mixed upper/lowercase text. This report is for informational purposes with no guarantee of accuracy. See NASA's ASRS site for official report.