Narrative:

I was flying an light transport aircraft en route from bil to teb at FL410. We fly this route about 3 times a month so I am very familiar with common procedures, etc. We crossed the jhw VOR on the jhw.AVP3 arrival and headed for avp. When we were about 50 mi from avp, ZNY told us to descend to FL240, and expedite through FL350 as there was traffic at 2 O'clock and 25 mi at FL370 headed northeast. I pulled the power to idle and descended at 1000 FPM which put us right at red line, .80 M. Shortly after, ZNY asked us what our rate of descent was. The copilot said, '1000 ft.' ZNY replied that this would work and told us traffic was now 2 O'clock and 20 mi. A few seconds later, ZNY told us to turn 30 degrees left and asked our rate of descent. We were still holding 1000 FPM. The controller then got upset and told us that he requested 2500 FPM. The copilot told him that we could not do 2500 FPM. The controller asked us what we could do and I think we said 1200 FPM or something close. He then gave us a 360 degree turn to the left and direct avp. By this time, we were probably close to FL350. He gave the other traffic a turn to the right of 20 degrees. The controller asked if we had a problem with our airplane. By this time my copilot and I were very frustrated and I am positive the controller was frustrated too. The copilot responded that at FL410 in idle power we can only descend at 1000 FPM and if he wanted more we would have to shut an engine down. He then gave us a heading of 190 degrees which is about 70 degrees off course to the south. I do realize that we had other measures which we could have taken such as extend the speed brake, however, this is very loud at this speed and makes the passenger uncomfortable. I opted for the more gradual descent and a few vectors rather than operate the speed brake. Shortly after this we were given a turn back on course and went on in to teb without incident. When we arrived at our hotel, I called ZNY and they said to call back the following day after XA00 pm. The next day, I called them again at XA30 pm and spoke to a gentleman who was there during the incident but not actually the guy talking to us. We discussed it and he said that us and the other traffic were the only 2 airplanes around and unfortunately we were on a collision course. He could have started us down earlier or later but we talked it out. It was a good conversation and we both understood where the other one was coming from. The controller told me that nothing was going to come of all this but I decided to file this form anyway. I have been curious as to how they work so here you are. By the way, could you send me more forms?

Related reports:

Google
 

Original NASA ASRS Text

Title: FLC OF CPR LTT JET ACFT FAILED TO COMPLY WITH ATC INSTRUCTIONS BY NOT DSNDING IN SUFFICIENT TIME DURING DSCNT FROM HIGH ALT.

Narrative: I WAS FLYING AN LTT ACFT ENRTE FROM BIL TO TEB AT FL410. WE FLY THIS RTE ABOUT 3 TIMES A MONTH SO I AM VERY FAMILIAR WITH COMMON PROCS, ETC. WE CROSSED THE JHW VOR ON THE JHW.AVP3 ARR AND HEADED FOR AVP. WHEN WE WERE ABOUT 50 MI FROM AVP, ZNY TOLD US TO DSND TO FL240, AND EXPEDITE THROUGH FL350 AS THERE WAS TFC AT 2 O'CLOCK AND 25 MI AT FL370 HEADED NE. I PULLED THE PWR TO IDLE AND DSNDED AT 1000 FPM WHICH PUT US RIGHT AT RED LINE, .80 M. SHORTLY AFTER, ZNY ASKED US WHAT OUR RATE OF DSCNT WAS. THE COPLT SAID, '1000 FT.' ZNY REPLIED THAT THIS WOULD WORK AND TOLD US TFC WAS NOW 2 O'CLOCK AND 20 MI. A FEW SECONDS LATER, ZNY TOLD US TO TURN 30 DEGS L AND ASKED OUR RATE OF DSCNT. WE WERE STILL HOLDING 1000 FPM. THE CTLR THEN GOT UPSET AND TOLD US THAT HE REQUESTED 2500 FPM. THE COPLT TOLD HIM THAT WE COULD NOT DO 2500 FPM. THE CTLR ASKED US WHAT WE COULD DO AND I THINK WE SAID 1200 FPM OR SOMETHING CLOSE. HE THEN GAVE US A 360 DEG TURN TO THE L AND DIRECT AVP. BY THIS TIME, WE WERE PROBABLY CLOSE TO FL350. HE GAVE THE OTHER TFC A TURN TO THE R OF 20 DEGS. THE CTLR ASKED IF WE HAD A PROB WITH OUR AIRPLANE. BY THIS TIME MY COPLT AND I WERE VERY FRUSTRATED AND I AM POSITIVE THE CTLR WAS FRUSTRATED TOO. THE COPLT RESPONDED THAT AT FL410 IN IDLE PWR WE CAN ONLY DSND AT 1000 FPM AND IF HE WANTED MORE WE WOULD HAVE TO SHUT AN ENG DOWN. HE THEN GAVE US A HDG OF 190 DEGS WHICH IS ABOUT 70 DEGS OFF COURSE TO THE S. I DO REALIZE THAT WE HAD OTHER MEASURES WHICH WE COULD HAVE TAKEN SUCH AS EXTEND THE SPD BRAKE, HOWEVER, THIS IS VERY LOUD AT THIS SPD AND MAKES THE PAX UNCOMFORTABLE. I OPTED FOR THE MORE GRADUAL DSCNT AND A FEW VECTORS RATHER THAN OPERATE THE SPD BRAKE. SHORTLY AFTER THIS WE WERE GIVEN A TURN BACK ON COURSE AND WENT ON IN TO TEB WITHOUT INCIDENT. WHEN WE ARRIVED AT OUR HOTEL, I CALLED ZNY AND THEY SAID TO CALL BACK THE FOLLOWING DAY AFTER XA00 PM. THE NEXT DAY, I CALLED THEM AGAIN AT XA30 PM AND SPOKE TO A GENTLEMAN WHO WAS THERE DURING THE INCIDENT BUT NOT ACTUALLY THE GUY TALKING TO US. WE DISCUSSED IT AND HE SAID THAT US AND THE OTHER TFC WERE THE ONLY 2 AIRPLANES AROUND AND UNFORTUNATELY WE WERE ON A COLLISION COURSE. HE COULD HAVE STARTED US DOWN EARLIER OR LATER BUT WE TALKED IT OUT. IT WAS A GOOD CONVERSATION AND WE BOTH UNDERSTOOD WHERE THE OTHER ONE WAS COMING FROM. THE CTLR TOLD ME THAT NOTHING WAS GOING TO COME OF ALL THIS BUT I DECIDED TO FILE THIS FORM ANYWAY. I HAVE BEEN CURIOUS AS TO HOW THEY WORK SO HERE YOU ARE. BY THE WAY, COULD YOU SEND ME MORE FORMS?

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.