Date: 201511
Local time of day: 1201-1800
Location: JFK.Airport, NY
Flight conditions: VMC
Weather elements / visibility: 10
Light: Night
Aircraft: EMB ERJ 145 ER/LR
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Final Approach
Airspace: Class B JFK
ATC / advisory: Tower JFK
Second aircraft: Any Unknown or Unlisted Aircraft Manufacturer
Reporter organization: Air Carrier
Reporter function: Pilot Not Flying; Captain
Reporter qualification: Flight Crew Instrument; Flight Crew Air Transport Pilot (ATP); Flight Crew Multiengine
Human factors: Situational Awareness
Anomaly: Conflict NMAC
Detector: Automation Aircraft RA; Person Flight Crew
When detected: In-flight
Result: Flight Crew Took Evasive Action
Contributing factors: Airspace Structure
Primary problem: Airspace Structure

Narrative: During the ILS approach to Runway 4R at JFK; VFR traffic approached and passed below our aircraft approximately 400 feet as it followed the coastline south across the 4R Final Approach Corridor. The flight crew had the VFR traffic in sight prior to the TA; and was not warned of the traffic by JFK tower. Just as the pilot monitoring queried the Tower (Local) Controller; the crew received a traffic advisory TCAS annunciation. Tower responded that the traffic was 'no factor'; when upon the PM challenged him and declared that; 'The traffic was most certainly a factor!' While the PM was telling the Local (Tower) Controller that the traffic was indeed a factor; the air crew received a resolution advisory to level the descent in the approach. The resolution advisory lasted approximately three seconds long; and then indicated that we were clear of the conflict. Since we were right at 1;000 feet AGL; the flight crew elected to continue the approach and land the aircraft without going around. The PM informed the Local Controller that a Hazardous Air Traffic Report (HATR) would be filed.After the aircraft was parked at the gate; the Captain called JFK Tower via landline to discuss the situation; the Captain asked if that is a VFR corridor; and the Tower Supervisor replied that it was. The Tower Supervisor informed the Captain that there is no requirement for VFR traffic to contact JFK Tower at that location as VFR traffic travels south along the shoreline.Obviously; somewhere in the air space planning meetings within New York Approach Control and JFK airspace; it has been agreed that this location is to be afforded the opportunity to follow the coastline in a VFR Corridor. (Rockaway Beach).Since this location is 3 miles from the threshold to Runway 4R; aircraft on approach profile are around 900 feet above ground level. It is incompatible to allow VFR traffic surface-500 feet AGL below this approach Corridor. This places VFR traffic 400 feet or less vertically away from air transport category aircraft; most of which are required to follow resolution advisory guidance in a TCAS event.The FAA needs to immediately hold a review to determine where class B airspace should extend out over the water to afford the appropriate traffic clearance requirements. Continuing to allow VFR traffic to cause RA TCAS advisories on approach to Runways 4L and/or 4R; is grossly negligent and requires prompt action to prevent future HATR risk.VFR traffic is allowed to approach within 3 NM of the threshold of 4R at 500 MSL. VFR traffic is merely required to contact JFK Tower within 8 nm. VFR traffic should be pushed further offshore and not allowed to follow the coastline there without being vectored by Local (Tower) and/or NY Approach Control.




Synopsis: EMB-145 Captain took issue with the VFR corridor below the Runway 4R approach path at JFK. The VFR traffic at 500 feet causes a TCAS RA with the EMB145 passing over at 900 feet.