B767 crew declined takeoff clearance until spacing with a departing MD11 was increased, at jfk.

Attributes
ACN	530991
Time
Date	200111
Day	Tue
Local Time Of Day	1801 To 2400
Place
Locale Reference	airport : jfk.airport
State Reference	NY
Altitude	agl single value : 0
Environment
Light	Night
Aircraft 1
Controlling Facilities	tower : jfk.tower tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	B767 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	ground : position and hold
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tower : jfk.tower
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	descent : approach
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	530991
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	other anomaly other
Independent Detector	other flight crewa other flight crewb
Resolutory Action	none taken : anomaly accepted other
Consequence	other
Supplementary
Problem Areas	ATC Human Performance Airport FAA
Primary Problem	ATC Human Performance
Air Traffic Incident	other
Situations
ATC Facility	procedure or policy : jfk.tower

Narrative:

Wake turbulence avoidance. At XA26 local on nov/tue/01, our flight abc was cleared into position on runway 31L. We were configured for a maximum power takeoff with a flap setting of 1 degree. We were also informed that there was an aircraft on a 13 mi final. Prior to our clearance a heavy MD11 was cleared for takeoff and was airborne for only 30 seconds when we were clear for takeoff. Our TCASII showed a distance of 2 mi in the 5 mi range. And, when the first officer requested standard separation, the angry controller responded by saying, we should have requested this prior to the clearance. We did not respond and I delayed the takeoff until we had approximately 2 mins and 4 mi of separation. During this time the extremely irate controller asked us what our immediate intentions were because if we did not take off right away we would have to go to the back of the line. We never responded and no additional comments were made.

Original NASA ASRS Text

Title: B767 CREW DECLINED TKOF CLRNC UNTIL SPACING WITH A DEPARTING MD11 WAS INCREASED, AT JFK.

Narrative: WAKE TURB AVOIDANCE. AT XA26 LCL ON NOV/TUE/01, OUR FLT ABC WAS CLRED INTO POS ON RWY 31L. WE WERE CONFIGURED FOR A MAX PWR TKOF WITH A FLAP SETTING OF 1 DEG. WE WERE ALSO INFORMED THAT THERE WAS AN ACFT ON A 13 MI FINAL. PRIOR TO OUR CLRNC A HVY MD11 WAS CLRED FOR TKOF AND WAS AIRBORNE FOR ONLY 30 SECONDS WHEN WE WERE CLR FOR TKOF. OUR TCASII SHOWED A DISTANCE OF 2 MI IN THE 5 MI RANGE. AND, WHEN THE FO REQUESTED STANDARD SEPARATION, THE ANGRY CTLR RESPONDED BY SAYING, WE SHOULD HAVE REQUESTED THIS PRIOR TO THE CLRNC. WE DID NOT RESPOND AND I DELAYED THE TKOF UNTIL WE HAD APPROX 2 MINS AND 4 MI OF SEPARATION. DURING THIS TIME THE EXTREMELY IRATE CTLR ASKED US WHAT OUR IMMEDIATE INTENTIONS WERE BECAUSE IF WE DID NOT TAKE OFF RIGHT AWAY WE WOULD HAVE TO GO TO THE BACK OF THE LINE. WE NEVER RESPONDED AND NO ADDITIONAL COMMENTS WERE MADE.

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.