Narrative:

During descent to jfk, WX reported to be 1600-2400 ft RVR indefinite ceiling 300 ft. We were told by ATC to expect runway 4L. I told ATC that we were planning on a CAT III approach and landing. I asked if all CAT III runway requirements were met. ATC responded by stating that jfk tower could not guarantee that the ILS critical area would be sterile. ATC then cleared us for an approach to runway 4L. I then told ATC that I could not accept the approach unless the ILS critical area was sterile. ATC then asked what I wanted to do. I said I wanted to hold somewhere until I could either get a sterile ILS critical area or I would go to another airport. ATC gave me holding instructions, then suggested that I talk to jfk tower. I talked to jfk tower and asked them about the ILS critical area. Tower said that they couldn't see the ILS critical area, could not communicate with vehicles and therefore would not guarantee that the ILS critical area was sterile. I then asked if they could send a vehicle to the critical area to verify if it was clear. Tower responded flatly 'no.' I then radioed dispatch and told them that jfk tower simply would not guarantee ILS critical area sterility and that I was in holding and that I could not start an approach to jfk. Dispatch made a few phone calls and eventually jfk tower agreed to guarantee ILS critical area sterility. This whole scenario caused us to be 14 mins late. In view of the WX conditions, I believe we are required to demand ILS sterility. (During our approach and landing the WX turned out to be 150 ft ceiling 1600 ft RVR.) callback conversation with reporter revealed the following information: the reporter has received an e-mail back from his chief pilot saying that the company is 'taking action.' reporter is concerned with the potential for an accident during a CAT III approach if the critical area of the ILS transmitter is violated. He admitted that he did stir up a minor storm with his requests but he was concerned with the safety of that approach. He further stated that, had he not made that request, nothing more would have occurred. But within 5 mins after making that request, ny approach control came on and made a blanket announcement to all aircraft on frequency that there were 'no guarantees' of the sterility of the ILS area. When the PIC talked with the tower controller he was informed that 'there were signs posted out there to keep the area clear.' he feels that the controller did nothing wrong and was acting in accord with what he knew. He also felt that the controller could have called airport security to run a check on the area.

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Original NASA ASRS Text

Title: A B767-200 PIC RPT QUESTIONS IF THERE IS ANY REQUIREMENT FOR THE ILS CRITICAL AREA TO BE GUARANTEED STERILE PRIOR TO AN ACFT MAKING A CAT III ILS APCH WITH RVR 1600 FT. RPTR MADE THIS REQUEST AND WAS MET WITH OPPOSITION FROM JFK TWR.

Narrative: DURING DSCNT TO JFK, WX RPTED TO BE 1600-2400 FT RVR INDEFINITE CEILING 300 FT. WE WERE TOLD BY ATC TO EXPECT RWY 4L. I TOLD ATC THAT WE WERE PLANNING ON A CAT III APCH AND LNDG. I ASKED IF ALL CAT III RWY REQUIREMENTS WERE MET. ATC RESPONDED BY STATING THAT JFK TWR COULD NOT GUARANTEE THAT THE ILS CRITICAL AREA WOULD BE STERILE. ATC THEN CLRED US FOR AN APCH TO RWY 4L. I THEN TOLD ATC THAT I COULD NOT ACCEPT THE APCH UNLESS THE ILS CRITICAL AREA WAS STERILE. ATC THEN ASKED WHAT I WANTED TO DO. I SAID I WANTED TO HOLD SOMEWHERE UNTIL I COULD EITHER GET A STERILE ILS CRITICAL AREA OR I WOULD GO TO ANOTHER ARPT. ATC GAVE ME HOLDING INSTRUCTIONS, THEN SUGGESTED THAT I TALK TO JFK TWR. I TALKED TO JFK TWR AND ASKED THEM ABOUT THE ILS CRITICAL AREA. TWR SAID THAT THEY COULDN'T SEE THE ILS CRITICAL AREA, COULD NOT COMMUNICATE WITH VEHICLES AND THEREFORE WOULD NOT GUARANTEE THAT THE ILS CRITICAL AREA WAS STERILE. I THEN ASKED IF THEY COULD SEND A VEHICLE TO THE CRITICAL AREA TO VERIFY IF IT WAS CLR. TWR RESPONDED FLATLY 'NO.' I THEN RADIOED DISPATCH AND TOLD THEM THAT JFK TWR SIMPLY WOULD NOT GUARANTEE ILS CRITICAL AREA STERILITY AND THAT I WAS IN HOLDING AND THAT I COULD NOT START AN APCH TO JFK. DISPATCH MADE A FEW PHONE CALLS AND EVENTUALLY JFK TWR AGREED TO GUARANTEE ILS CRITICAL AREA STERILITY. THIS WHOLE SCENARIO CAUSED US TO BE 14 MINS LATE. IN VIEW OF THE WX CONDITIONS, I BELIEVE WE ARE REQUIRED TO DEMAND ILS STERILITY. (DURING OUR APCH AND LNDG THE WX TURNED OUT TO BE 150 FT CEILING 1600 FT RVR.) CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE RPTR HAS RECEIVED AN E-MAIL BACK FROM HIS CHIEF PLT SAYING THAT THE COMPANY IS 'TAKING ACTION.' RPTR IS CONCERNED WITH THE POTENTIAL FOR AN ACCIDENT DURING A CAT III APCH IF THE CRITICAL AREA OF THE ILS XMITTER IS VIOLATED. HE ADMITTED THAT HE DID STIR UP A MINOR STORM WITH HIS REQUESTS BUT HE WAS CONCERNED WITH THE SAFETY OF THAT APCH. HE FURTHER STATED THAT, HAD HE NOT MADE THAT REQUEST, NOTHING MORE WOULD HAVE OCCURRED. BUT WITHIN 5 MINS AFTER MAKING THAT REQUEST, NY APCH CTL CAME ON AND MADE A BLANKET ANNOUNCEMENT TO ALL ACFT ON FREQ THAT THERE WERE 'NO GUARANTEES' OF THE STERILITY OF THE ILS AREA. WHEN THE PIC TALKED WITH THE TWR CTLR HE WAS INFORMED THAT 'THERE WERE SIGNS POSTED OUT THERE TO KEEP THE AREA CLR.' HE FEELS THAT THE CTLR DID NOTHING WRONG AND WAS ACTING IN ACCORD WITH WHAT HE KNEW. HE ALSO FELT THAT THE CTLR COULD HAVE CALLED ARPT SECURITY TO RUN A CHK ON THE AREA.

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.