Flight crew of air carrier large transport aircraft took evasive action in response to a TCASII RA r...

Attributes
ACN	236163
Time
Date	199303
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sbi
State Reference	TX
Altitude	msl bound lower : 35000 msl bound upper : 35800
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zhu artcc : zab
Operator	other
Make Model Name	Fighter
Flight Phase	climbout : intermediate altitude
Flight Plan	VFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : radar
Qualification	controller : radar
Experience	controller non radar : 13 controller radar : 10 flight time last 90 days : 10 flight time total : 2500
ASRS Report	236163
Person 2
Affiliation	government other
Function	flight crew : single pilot
Qualification	pilot : atp
Experience	flight time last 90 days : 100 flight time total : 16300 flight time type : 35
ASRS Report	235860
Events
Anomaly	altitude deviation : undershoot altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : required legal separation non adherence : clearance other anomaly other
Independent Detector	atc equipment other atc equipment : unspecified other controllera other flight crewa
Resolutory Action	controller : issued new clearance other
Consequence	faa : investigated
Miss Distance	horizontal : 3000 vertical : 1000
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

An large transport airliner took evasive action for an fgt operating VFR in offshore airspace.the fgt was receiving flight following. The large transport, a scheduled air carrier, was IFR at FL350. A situation developed that the fgt aircraft was sbound out of FL340 climbing head-on in conflict with the northbound large transport. Traffic was called to both pilots. The fgt pilot was asked to stay at FL340. The pilot of the large transport reacted to a TCASII pullup and climbed rapidly and turned right. The pilot of the large transport then said he saw the fgt go by. The pilot of the fgt never said he saw the large transport. As a result of this incident, a passenger on the large transport suffered a compound fracture of the ankle. The radar sector I was controling was very busy and the traffic was complex. The factors that allowed this situation to develop are as follows: VFR aircraft operating in the high altitude environment. The pilot of the VFR fgt not abiding by the controller's previous suggestion to maintain an altitude above FL370. ICAO regulations and other procedures which permit NASA aircraft to operate VFR above FL200 in offshore airspace. Supplemental information from acn 235860: I had filed a VFR flight plan, took off from ellington at PM30L, and proceeded to our functional check flight (fcf) work area. Having completed the high altitude engine checks, I began a descent while initiating the maximum performance maneuvers for the fcf. While in a low airspeed mode, the controller called out traffic at FL350 and requested that I climb to above FL350 quickly. Applied maximum power, but due to my low energy state, was unable to rapidly respond to his request. Seeing that I was climbing slower than desired, he asked me to level at FL340. I quickly descended back to FL340, and shortly afterward the commercial aircraft reported that they had gotten a pull-up command from the TCASII, and they had responded to it. I never established visual contact with the other aircraft.

Original NASA ASRS Text

Title: FLC OF ACR LGT ACFT TOOK EVASIVE ACTION IN RESPONSE TO A TCASII RA RESULTING IN PAX INJURY.

Narrative: AN LGT AIRLINER TOOK EVASIVE ACTION FOR AN FGT OPERATING VFR IN OFFSHORE AIRSPACE.THE FGT WAS RECEIVING FLT FOLLOWING. THE LGT, A SCHEDULED ACR, WAS IFR AT FL350. A SIT DEVELOPED THAT THE FGT ACFT WAS SBOUND OUT OF FL340 CLBING HEAD-ON IN CONFLICT WITH THE NBOUND LGT. TFC WAS CALLED TO BOTH PLTS. THE FGT PLT WAS ASKED TO STAY AT FL340. THE PLT OF THE LGT REACTED TO A TCASII PULLUP AND CLBED RAPIDLY AND TURNED R. THE PLT OF THE LGT THEN SAID HE SAW THE FGT GO BY. THE PLT OF THE FGT NEVER SAID HE SAW THE LGT. AS A RESULT OF THIS INCIDENT, A PAX ON THE LGT SUFFERED A COMPOUND FRACTURE OF THE ANKLE. THE RADAR SECTOR I WAS CTLING WAS VERY BUSY AND THE TFC WAS COMPLEX. THE FACTORS THAT ALLOWED THIS SIT TO DEVELOP ARE AS FOLLOWS: VFR ACFT OPERATING IN THE HIGH ALT ENVIRONMENT. THE PLT OF THE VFR FGT NOT ABIDING BY THE CTLR'S PREVIOUS SUGGESTION TO MAINTAIN AN ALT ABOVE FL370. ICAO REGS AND OTHER PROCS WHICH PERMIT NASA ACFT TO OPERATE VFR ABOVE FL200 IN OFFSHORE AIRSPACE. SUPPLEMENTAL INFO FROM ACN 235860: I HAD FILED A VFR FLT PLAN, TOOK OFF FROM ELLINGTON AT PM30L, AND PROCEEDED TO OUR FUNCTIONAL CHK FLT (FCF) WORK AREA. HAVING COMPLETED THE HIGH ALT ENG CHKS, I BEGAN A DSCNT WHILE INITIATING THE MAX PERFORMANCE MANEUVERS FOR THE FCF. WHILE IN A LOW AIRSPD MODE, THE CTLR CALLED OUT TFC AT FL350 AND REQUESTED THAT I CLB TO ABOVE FL350 QUICKLY. APPLIED MAX PWR, BUT DUE TO MY LOW ENERGY STATE, WAS UNABLE TO RAPIDLY RESPOND TO HIS REQUEST. SEEING THAT I WAS CLBING SLOWER THAN DESIRED, HE ASKED ME TO LEVEL AT FL340. I QUICKLY DSNDED BACK TO FL340, AND SHORTLY AFTERWARD THE COMMERCIAL ACFT RPTED THAT THEY HAD GOTTEN A PULL-UP COMMAND FROM THE TCASII, AND THEY HAD RESPONDED TO IT. I NEVER ESTABLISHED VISUAL CONTACT WITH THE OTHER ACFT.

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.

Flight crew of air carrier large transport aircraft took evasive action in response to a TCASII RA resulting in passenger injury.