Less than standard separation between 2 air carrier aircraft climbing in ZNY airspace.

Attributes
ACN	126398
Time
Date	198910
Day	Thu
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sax
State Reference	NJ
Altitude	msl bound lower : 14500 msl bound upper : 16000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zob
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors enroute airway : j36
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Medium Large Transport, Low Wing, 2 Turbojet Eng
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 9000
ASRS Report	126398
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	Other
Miss Distance	horizontal : 0 vertical : 1500
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation

Narrative:

Traffic conflict: during climb to 16T ZNY advised us of an medium large transport in our 10 O'clock position. We acknowledged that we had the traffic. We were on a northwest heading and the medium large transport was converging on a north heading but was below us. We could see that there was no problem as he was level and we were cleared to climb to 16T. We questioned center about climbing traffic into our altitude. Center said that we had told him we had the traffic in sight. When center gave the medium large transport climb clearance the medium large transport started climbing faster than we could climb. We were heavy and not climbing very fast. When the medium large transport realized that he was outclbing us he slowed his climb so that we passed over him by 1000-1500'. I think that center's position of clearing 2 aircraft to the same altitude while on converging courses, should be looked into, even though those aircraft have each other in sight.

Original NASA ASRS Text

Title: LESS THAN STANDARD SEPARATION BETWEEN 2 ACR ACFT CLIMBING IN ZNY AIRSPACE.

Narrative: TFC CONFLICT: DURING CLIMB TO 16T ZNY ADVISED US OF AN MLG IN OUR 10 O'CLOCK POSITION. WE ACKNOWLEDGED THAT WE HAD THE TFC. WE WERE ON A NW HDG AND THE MLG WAS CONVERGING ON A N HDG BUT WAS BELOW US. WE COULD SEE THAT THERE WAS NO PROBLEM AS HE WAS LEVEL AND WE WERE CLRED TO CLIMB TO 16T. WE QUESTIONED CENTER ABOUT CLIMBING TFC INTO OUR ALT. CENTER SAID THAT WE HAD TOLD HIM WE HAD THE TFC IN SIGHT. WHEN CENTER GAVE THE MLG CLIMB CLRNC THE MLG STARTED CLIMBING FASTER THAN WE COULD CLIMB. WE WERE HEAVY AND NOT CLIMBING VERY FAST. WHEN THE MLG REALIZED THAT HE WAS OUTCLBING US HE SLOWED HIS CLIMB SO THAT WE PASSED OVER HIM BY 1000-1500'. I THINK THAT CENTER'S POSITION OF CLEARING 2 ACFT TO THE SAME ALT WHILE ON CONVERGING COURSES, SHOULD BE LOOKED INTO, EVEN THOUGH THOSE ACFT HAVE EACH OTHER IN SIGHT.

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.