Narrative:

While on an IFR flight plan from grand forks, nd (gfk) to minneapolis crystal, mn (microphone), I was traveling at my assigned altitude of 11,000' on victor 2 arwy in a southeast direction. At 45 NM northwest of gopher VOR (gep) I was instructed by the air traffic controller to descend to 4000 MSL at pilot's discretion. There was a mod tailwind which gave me a ground speed at 202 KTS. I immediately informed ATC that I would depart from 11,000 to descend to 4000. The air traffic controller had informed me to cross and maintain 4000' MSL at 20 NM northwest of gopher VOR. This required a descent of 7000' MSL at 20 NM northwest of gopher VOR. This required a descent of 7000' in less than 25 NM. Traveling at 202 NM, the time necessary to travel the distance of 25 mi was less than 7 1/2 mins. This required a descent of 1000 FPM. The descent was initiated and at 6000' the air traffic controller informed me that VFR traffic was at 12 O'clock eastbound and indicating 5500' MSL. My passenger, who was wearing earphones and monitoring ATC, and I do not recall any advisory concerning the distance between the 2 planes. I then informed the controller that I would be unable to reach 4000' by the assigned 20 NM northwest of gopher VOR. Recognizing that I had a separation of only 500' between myself and the VFR plane, I was concerned about any further descent. The air traffic controller instructed me to 'do the best you can'. I began to decrease my descent while both I and my passenger looked for the plane at 5500'. At that time the controller came on and informed me that I and the other plane were now 'the same target'. At that moment my passenger informed me and I also saw an small aircraft high-winged aircraft approximately 75' to my left and at the same altitude. At that point I was descending about 1000 FPM at an airspeed of 220 KTS. I informed the controller that I had barely missed the other airplane upon which, after a slight pause, he came back and said something to the effect of, 'did you receive the transmission that the plane was at 12 O'clock and 1 mi?' I responded, 'yes'. However, upon questioning my passenger at the time of the incident neither of us recall the distance of 1 mi being stated. It is my belief that the air traffic controller through negligent actions nearly caused a midair collision of 2 planes traveling in the same direction and the same victor arwy under conditions which were clearly avoidable. If, in fact, the controller had informed me that the plane was only 1 mi ahead, this meant there was only 500' separation at that particular moment and I was descending at a rate of 1000 FPM at an approximately airspeed of 220 KTS. It is highly probable that I was converging on the VFR airplane at approximately 120 KTS per hour which allowed me to proceed on a collision course over the following 30 seconds. Neither my passenger nor I were able to see the airplane because it was immediately ahead and below, and was therefore obscured by the cowling and engine of my airplane. In essence, I had questioned the air traffic controller about the need to continue my descent when I became aware that there was only a 500' separation between the 2 planes. At that point the controller should have informed me to descend no further and advised appropriate evasive action so that the 2 planes would not have been on a collision path. I further believe that it was lack of attention on the controller's part that led to his requesting that I descend 7000' in less than 7 1/2 mins. I should have either been informed earlier to begin my descent or given a more reasonable distance to allow for a less precipitous descent. If I would have seen the aircraft and taken immediate evasive action by pulling back on the yoke, it is highly probable that my airplane would have been stressed beyond its structural capability leading to an in-flight failure because of the high airspeed which I had attained. I further believe that avoidance while on an IFR flight plan, should be provided at a distance of greater than 1 mi, particularly when 2 planes are converging at a rate of about 120 NM per hour. This does not provide a pilot an adequate amount of time for a complete and full scan of the airspace in the designated range. In this particular case,the plane was ahead and below and therefore my vision was obscured. In conclusion, I feel that a midair collision was narrowly avoided by sheer luck, the result of which would have been the probable death of at least 3 persons, myself, my passenger and the pilot of the other plane. I have no knowledge of how many passenger there might have been in the small aircraft. If, in fact, I would have seen the other plane, it is highly probable that avoidance maneuvers would have precipitated an in-flight structural failure which could have resulted in the deaths of 2 persons, myself and my passenger. I believe that the air traffic controller was negligent in this case. Measures should be taken to: 1) provide adequate separation between IFR and VFR traffic. 2) recognize and respond to a potential fatal in-flight accident when 2 planes are on a collision course. 3) not advise a plane to continue to descend when only 500' and less than only 1 mi of separation exists, and 4) provide a pilot with adequate time and distance to descend to the newly assigned altitude by ATC.

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Original NASA ASRS Text

Title: NMAC.

Narrative: WHILE ON AN IFR FLT PLAN FROM GRAND FORKS, ND (GFK) TO MINNEAPOLIS CRYSTAL, MN (MIC), I WAS TRAVELING AT MY ASSIGNED ALT OF 11,000' ON VICTOR 2 ARWY IN A SE DIRECTION. AT 45 NM NW OF GOPHER VOR (GEP) I WAS INSTRUCTED BY THE AIR TFC CTLR TO DSND TO 4000 MSL AT PLT'S DISCRETION. THERE WAS A MOD TAILWIND WHICH GAVE ME A GND SPEED AT 202 KTS. I IMMEDIATELY INFORMED ATC THAT I WOULD DEPART FROM 11,000 TO DSND TO 4000. THE AIR TFC CTLR HAD INFORMED ME TO CROSS AND MAINTAIN 4000' MSL AT 20 NM NW OF GOPHER VOR. THIS REQUIRED A DSCNT OF 7000' MSL AT 20 NM NW OF GOPHER VOR. THIS REQUIRED A DSCNT OF 7000' IN LESS THAN 25 NM. TRAVELING AT 202 NM, THE TIME NECESSARY TO TRAVEL THE DISTANCE OF 25 MI WAS LESS THAN 7 1/2 MINS. THIS REQUIRED A DSCNT OF 1000 FPM. THE DSCNT WAS INITIATED AND AT 6000' THE AIR TFC CTLR INFORMED ME THAT VFR TFC WAS AT 12 O'CLOCK EBND AND INDICATING 5500' MSL. MY PAX, WHO WAS WEARING EARPHONES AND MONITORING ATC, AND I DO NOT RECALL ANY ADVISORY CONCERNING THE DISTANCE BETWEEN THE 2 PLANES. I THEN INFORMED THE CTLR THAT I WOULD BE UNABLE TO REACH 4000' BY THE ASSIGNED 20 NM NW OF GOPHER VOR. RECOGNIZING THAT I HAD A SEPARATION OF ONLY 500' BETWEEN MYSELF AND THE VFR PLANE, I WAS CONCERNED ABOUT ANY FURTHER DSCNT. THE AIR TFC CTLR INSTRUCTED ME TO 'DO THE BEST YOU CAN'. I BEGAN TO DECREASE MY DSCNT WHILE BOTH I AND MY PAX LOOKED FOR THE PLANE AT 5500'. AT THAT TIME THE CTLR CAME ON AND INFORMED ME THAT I AND THE OTHER PLANE WERE NOW 'THE SAME TARGET'. AT THAT MOMENT MY PAX INFORMED ME AND I ALSO SAW AN SMA HIGH-WINGED ACFT APPROX 75' TO MY LEFT AND AT THE SAME ALT. AT THAT POINT I WAS DSNDING ABOUT 1000 FPM AT AN AIRSPEED OF 220 KTS. I INFORMED THE CTLR THAT I HAD BARELY MISSED THE OTHER AIRPLANE UPON WHICH, AFTER A SLIGHT PAUSE, HE CAME BACK AND SAID SOMETHING TO THE EFFECT OF, 'DID YOU RECEIVE THE XMISSION THAT THE PLANE WAS AT 12 O'CLOCK AND 1 MI?' I RESPONDED, 'YES'. HOWEVER, UPON QUESTIONING MY PAX AT THE TIME OF THE INCIDENT NEITHER OF US RECALL THE DISTANCE OF 1 MI BEING STATED. IT IS MY BELIEF THAT THE AIR TFC CTLR THROUGH NEGLIGENT ACTIONS NEARLY CAUSED A MIDAIR COLLISION OF 2 PLANES TRAVELING IN THE SAME DIRECTION AND THE SAME VICTOR ARWY UNDER CONDITIONS WHICH WERE CLEARLY AVOIDABLE. IF, IN FACT, THE CTLR HAD INFORMED ME THAT THE PLANE WAS ONLY 1 MI AHEAD, THIS MEANT THERE WAS ONLY 500' SEPARATION AT THAT PARTICULAR MOMENT AND I WAS DSNDING AT A RATE OF 1000 FPM AT AN APPROX AIRSPEED OF 220 KTS. IT IS HIGHLY PROBABLE THAT I WAS CONVERGING ON THE VFR AIRPLANE AT APPROX 120 KTS PER HR WHICH ALLOWED ME TO PROCEED ON A COLLISION COURSE OVER THE FOLLOWING 30 SECONDS. NEITHER MY PAX NOR I WERE ABLE TO SEE THE AIRPLANE BECAUSE IT WAS IMMEDIATELY AHEAD AND BELOW, AND WAS THEREFORE OBSCURED BY THE COWLING AND ENGINE OF MY AIRPLANE. IN ESSENCE, I HAD QUESTIONED THE AIR TFC CTLR ABOUT THE NEED TO CONTINUE MY DSCNT WHEN I BECAME AWARE THAT THERE WAS ONLY A 500' SEPARATION BETWEEN THE 2 PLANES. AT THAT POINT THE CTLR SHOULD HAVE INFORMED ME TO DSND NO FURTHER AND ADVISED APPROPRIATE EVASIVE ACTION SO THAT THE 2 PLANES WOULD NOT HAVE BEEN ON A COLLISION PATH. I FURTHER BELIEVE THAT IT WAS LACK OF ATTN ON THE CTLR'S PART THAT LED TO HIS REQUESTING THAT I DSND 7000' IN LESS THAN 7 1/2 MINS. I SHOULD HAVE EITHER BEEN INFORMED EARLIER TO BEGIN MY DSCNT OR GIVEN A MORE REASONABLE DISTANCE TO ALLOW FOR A LESS PRECIPITOUS DSCNT. IF I WOULD HAVE SEEN THE ACFT AND TAKEN IMMEDIATE EVASIVE ACTION BY PULLING BACK ON THE YOKE, IT IS HIGHLY PROBABLE THAT MY AIRPLANE WOULD HAVE BEEN STRESSED BEYOND ITS STRUCTURAL CAPABILITY LEADING TO AN INFLT FAILURE BECAUSE OF THE HIGH AIRSPEED WHICH I HAD ATTAINED. I FURTHER BELIEVE THAT AVOIDANCE WHILE ON AN IFR FLT PLAN, SHOULD BE PROVIDED AT A DISTANCE OF GREATER THAN 1 MI, PARTICULARLY WHEN 2 PLANES ARE CONVERGING AT A RATE OF ABOUT 120 NM PER HR. THIS DOES NOT PROVIDE A PLT AN ADEQUATE AMOUNT OF TIME FOR A COMPLETE AND FULL SCAN OF THE AIRSPACE IN THE DESIGNATED RANGE. IN THIS PARTICULAR CASE,THE PLANE WAS AHEAD AND BELOW AND THEREFORE MY VISION WAS OBSCURED. IN CONCLUSION, I FEEL THAT A MIDAIR COLLISION WAS NARROWLY AVOIDED BY SHEER LUCK, THE RESULT OF WHICH WOULD HAVE BEEN THE PROBABLE DEATH OF AT LEAST 3 PERSONS, MYSELF, MY PAX AND THE PLT OF THE OTHER PLANE. I HAVE NO KNOWLEDGE OF HOW MANY PAX THERE MIGHT HAVE BEEN IN THE SMA. IF, IN FACT, I WOULD HAVE SEEN THE OTHER PLANE, IT IS HIGHLY PROBABLE THAT AVOIDANCE MANEUVERS WOULD HAVE PRECIPITATED AN INFLT STRUCTURAL FAILURE WHICH COULD HAVE RESULTED IN THE DEATHS OF 2 PERSONS, MYSELF AND MY PASSENGER. I BELIEVE THAT THE AIR TFC CTLR WAS NEGLIGENT IN THIS CASE. MEASURES SHOULD BE TAKEN TO: 1) PROVIDE ADEQUATE SEPARATION BETWEEN IFR AND VFR TFC. 2) RECOGNIZE AND RESPOND TO A POTENTIAL FATAL INFLT ACCIDENT WHEN 2 PLANES ARE ON A COLLISION COURSE. 3) NOT ADVISE A PLANE TO CONTINUE TO DSND WHEN ONLY 500' AND LESS THAN ONLY 1 MI OF SEPARATION EXISTS, AND 4) PROVIDE A PLT WITH ADEQUATE TIME AND DISTANCE TO DSND TO THE NEWLY ASSIGNED ALT BY ATC.

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.