B767 flight crew flies through localizer when approach clearance not received.

Attributes
ACN	438152
Time
Date	199905
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : jfk.airport
State Reference	NY
Altitude	msl single value : 2000
Environment
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	B767 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	ils localizer & glide slope : 31r other
Flight Phase	descent : approach
Route In Use	approach : instrument precision arrival : on vectors
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	ils localizer & glide slope : 31l
Flight Phase	descent : approach
Route In Use	approach : instrument precision
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	438152
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : commercial pilot : instrument
Events
Anomaly	non adherence : published procedure other anomaly other other spatial deviation
Independent Detector	other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : returned to intended or assigned course
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	Flight Crew Human Performance Airspace Structure ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation

Narrative:

On a 280 degree heading to intercept the runway 31R ILS final. No approach clearance had been received and we knew of no clearance to intercept the final approach course. We continued on the heading through the final approach course and attempted to contact ATC to determine their intention. As we could not get a reply and there was a jet on the final to runway 31L, we elected to make a turn away back toward the runway 31R final course while continuing to attempt contact with ATC. No conflict existed but would have developed if we had continued on our previous heading. When we were able to contact ATC they cleared us for the ILS and landed without incident. Before sending us to tower, both the first officer and myself understood the controller to say that it was an illegal approach. After landing I called the ATC facility and talked with the supervisor. It seems that illegal approach we heard was actually, 'that's a legal approach,' and that the controller was confused about our statement that we were turning to avoid the traffic. That would be understandable if we had missed the approach clearance or if he had forgot to issue it. I have no idea which is correct.

Original NASA ASRS Text

Title: B767 FLC FLIES THROUGH LOC WHEN APCH CLRNC NOT RECEIVED.

Narrative: ON A 280 DEG HDG TO INTERCEPT THE RWY 31R ILS FINAL. NO APCH CLRNC HAD BEEN RECEIVED AND WE KNEW OF NO CLRNC TO INTERCEPT THE FINAL APCH COURSE. WE CONTINUED ON THE HEADING THROUGH THE FINAL APCH COURSE AND ATTEMPTED TO CONTACT ATC TO DETERMINE THEIR INTENTION. AS WE COULD NOT GET A REPLY AND THERE WAS A JET ON THE FINAL TO RWY 31L, WE ELECTED TO MAKE A TURN AWAY BACK TOWARD THE RWY 31R FINAL COURSE WHILE CONTINUING TO ATTEMPT CONTACT WITH ATC. NO CONFLICT EXISTED BUT WOULD HAVE DEVELOPED IF WE HAD CONTINUED ON OUR PREVIOUS HEADING. WHEN WE WERE ABLE TO CONTACT ATC THEY CLRED US FOR THE ILS AND LANDED WITHOUT INCIDENT. BEFORE SENDING US TO TWR, BOTH THE FO AND MYSELF UNDERSTOOD THE CTLR TO SAY THAT IT WAS AN ILLEGAL APCH. AFTER LNDG I CALLED THE ATC FACILITY AND TALKED WITH THE SUPVR. IT SEEMS THAT ILLEGAL APCH WE HEARD WAS ACTUALLY, 'THAT'S A LEGAL APCH,' AND THAT THE CTLR WAS CONFUSED ABOUT OUR STATEMENT THAT WE WERE TURNING TO AVOID THE TFC. THAT WOULD BE UNDERSTANDABLE IF WE HAD MISSED THE APCH CLRNC OR IF HE HAD FORGOT TO ISSUE IT. I HAVE NO IDEA WHICH IS CORRECT.

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.