Narrative:

On 5/X/89 at approximately XX30 local, air carrier X was traveling west over deer park VOR at 4000' level flight for landing jfk via runway 22L. At such time I was conducting otj training with a developmental. When air carrier X was west of dpk, a target appeared squawking code XXXX indicating 3800' at approximately air carrier X's 11 O'clock position and 2MI, nebnd. Air carrier X was issued traffic. He did not report traffic in sight. I told the trnee to turn air carrier X to the right (as it was my perception west/O such instruction the targets would merge). Air carrier X was turned to a heading of 340 degrees. I then noticed unknown traffic climb to 3900' still on a course with air carrier X. I took the frequency and turned air carrier X to the right, heading 360 degrees and reissued traffic which now was 11 O'clock, 1 mi, indicating 4000' altitude, at which time I also told air carrier X to descend to 2000'. After turn and descent, air carrier X stated he just saw the traffic pass to left and behind. The pilot stated that if that aircraft was in the TCA, he wanted to file a near midair. I stated unknown aircraft was approximately 1 1/2-2 mi clear of the TCA. Pilot landed west/O event and called facility and stated he wanted to file a near midair collision. The obvious problem that occurred was that if the unknown traffic had called for radar service then positive sep could have been applied. Legally the pilot had no obligation to call as he was clear of the TCA. The problem that exists is that there is an area of uncontrolled airspace that lies between long island mc arthur airport and its TRSA, and jfk airport and its TCA. Also, there is frg airport that is a VFR tower (non radar) that lies between jfk and isp. There is a heavy mix of traffic IFR from isp that travels over dpk wbound at 4000' to land jfk that transverses this uncontrolled area, when many times aircraft off of frg climb to the northeast clear of ny TCA and isp's arsa.

Related reports:

Google
 

Original NASA ASRS Text

Title: WHILE BEING VECTORED TO AVOID UNKNOWN TRAFFIC, ACR CAME IN CLOSE PROX TO THE OTHER ACFT.

Narrative: ON 5/X/89 AT APPROX XX30 LCL, ACR X WAS TRAVELING W OVER DEER PARK VOR AT 4000' LEVEL FLT FOR LNDG JFK VIA RWY 22L. AT SUCH TIME I WAS CONDUCTING OTJ TRNING WITH A DEVELOPMENTAL. WHEN ACR X WAS W OF DPK, A TARGET APPEARED SQUAWKING CODE XXXX INDICATING 3800' AT APPROX ACR X'S 11 O'CLOCK POS AND 2MI, NEBND. ACR X WAS ISSUED TFC. HE DID NOT RPT TFC IN SIGHT. I TOLD THE TRNEE TO TURN ACR X TO THE RIGHT (AS IT WAS MY PERCEPTION W/O SUCH INSTRUCTION THE TARGETS WOULD MERGE). ACR X WAS TURNED TO A HDG OF 340 DEGS. I THEN NOTICED UNKNOWN TFC CLB TO 3900' STILL ON A COURSE WITH ACR X. I TOOK THE FREQ AND TURNED ACR X TO THE RIGHT, HDG 360 DEGS AND REISSUED TFC WHICH NOW WAS 11 O'CLOCK, 1 MI, INDICATING 4000' ALT, AT WHICH TIME I ALSO TOLD ACR X TO DSND TO 2000'. AFTER TURN AND DSCNT, ACR X STATED HE JUST SAW THE TFC PASS TO LEFT AND BEHIND. THE PLT STATED THAT IF THAT ACFT WAS IN THE TCA, HE WANTED TO FILE A NEAR MIDAIR. I STATED UNKNOWN ACFT WAS APPROX 1 1/2-2 MI CLR OF THE TCA. PLT LANDED W/O EVENT AND CALLED FAC AND STATED HE WANTED TO FILE A NEAR MIDAIR COLLISION. THE OBVIOUS PROB THAT OCCURRED WAS THAT IF THE UNKNOWN TFC HAD CALLED FOR RADAR SVC THEN POSITIVE SEP COULD HAVE BEEN APPLIED. LEGALLY THE PLT HAD NO OBLIGATION TO CALL AS HE WAS CLR OF THE TCA. THE PROB THAT EXISTS IS THAT THERE IS AN AREA OF UNCTLED AIRSPACE THAT LIES BTWN LONG ISLAND MC ARTHUR ARPT AND ITS TRSA, AND JFK ARPT AND ITS TCA. ALSO, THERE IS FRG ARPT THAT IS A VFR TWR (NON RADAR) THAT LIES BTWN JFK AND ISP. THERE IS A HEAVY MIX OF TFC IFR FROM ISP THAT TRAVELS OVER DPK WBOUND AT 4000' TO LAND JFK THAT TRANSVERSES THIS UNCTLED AREA, WHEN MANY TIMES ACFT OFF OF FRG CLB TO THE NE CLR OF NY TCA AND ISP'S ARSA.

Data retrieved from NASA's ASRS site as of August 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.