Narrative:

Air carrier X told to expect the lda runway 22, even though wind was 310/20 gusting 25 with icy runway conditions as reported on the ATIS. I requested an approach to runway 31 and was told this would cause a delay. I, however, insisted and was told to hold at proud on the nanci arrival. We were eventually cleared down from 7000 ft to 3000 ft. After about 20 mins the controller asked if we had the maspeth tanks in sight, to which we replied in the affirmative. We were then cleared to 2500 ft for the expressway visual to 31. As we turned back to the right, the first officer descended to 2500 ft and passed somewhat abeam the world trade center. We may have been less than 1000 ft above as we passed, however, I realize the FARS make exception for 'takeoff' and 'landing,' and I am not sure whether this part of the approach segment would fall under this provision. In my estimation, there was no problem and we received no GPWS warning. After my first request for runway 31 and afterward insistence, the controller came back and told us the wind was 300 at 10 KTS. I told him the ATIS said otherwise. Also, I monitored tower and they were calling the wind 310/18. Meanwhile, by now we had plenty of company holding at proud. I noticed that while we were holding the ATIS changed to reflect a wind of 320/16, even though the name of the ATIS did not change, which was only about 15 mins old. I think tower's desire for arrs in the existing conditions on runway 22 was inappropriate.

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Original NASA ASRS Text

Title: ACR X REFUSED APCH AND RWY ASSIGNMENT BECAUSE OF WIND. VISUAL APCH PROX OF TERRAIN.

Narrative: ACR X TOLD TO EXPECT THE LDA RWY 22, EVEN THOUGH WIND WAS 310/20 GUSTING 25 WITH ICY RWY CONDITIONS AS RPTED ON THE ATIS. I REQUESTED AN APCH TO RWY 31 AND WAS TOLD THIS WOULD CAUSE A DELAY. I, HOWEVER, INSISTED AND WAS TOLD TO HOLD AT PROUD ON THE NANCI ARR. WE WERE EVENTUALLY CLRED DOWN FROM 7000 FT TO 3000 FT. AFTER ABOUT 20 MINS THE CTLR ASKED IF WE HAD THE MASPETH TANKS IN SIGHT, TO WHICH WE REPLIED IN THE AFFIRMATIVE. WE WERE THEN CLRED TO 2500 FT FOR THE EXPRESSWAY VISUAL TO 31. AS WE TURNED BACK TO THE R, THE FO DSNDED TO 2500 FT AND PASSED SOMEWHAT ABEAM THE WORLD TRADE CTR. WE MAY HAVE BEEN LESS THAN 1000 FT ABOVE AS WE PASSED, HOWEVER, I REALIZE THE FARS MAKE EXCEPTION FOR 'TKOF' AND 'LNDG,' AND I AM NOT SURE WHETHER THIS PART OF THE APCH SEGMENT WOULD FALL UNDER THIS PROVISION. IN MY ESTIMATION, THERE WAS NO PROB AND WE RECEIVED NO GPWS WARNING. AFTER MY FIRST REQUEST FOR RWY 31 AND AFTERWARD INSISTENCE, THE CTLR CAME BACK AND TOLD US THE WIND WAS 300 AT 10 KTS. I TOLD HIM THE ATIS SAID OTHERWISE. ALSO, I MONITORED TWR AND THEY WERE CALLING THE WIND 310/18. MEANWHILE, BY NOW WE HAD PLENTY OF COMPANY HOLDING AT PROUD. I NOTICED THAT WHILE WE WERE HOLDING THE ATIS CHANGED TO REFLECT A WIND OF 320/16, EVEN THOUGH THE NAME OF THE ATIS DID NOT CHANGE, WHICH WAS ONLY ABOUT 15 MINS OLD. I THINK TWR'S DESIRE FOR ARRS IN THE EXISTING CONDITIONS ON RWY 22 WAS INAPPROPRIATE.

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.