Narrative:

I was being trained on the sie sector. J174 from hto to swl is very unreliable. All alpha equipped aircraft has to be put on a vector to avoid W107. I had an air carrier Y on J174 drifting into W107. I assigned him 260 degree heading to avoid W107. I had a foreign air carrier, air carrier X, going to jfk at FL370. SOP's say that all jfk arrs have to cross boundary at FL190. The air carrier X flight didn't speak very good english. He was overtaking at FL190 and at FL270 descending to FL210. Air carrier X was given a restriction to clear traffic at FL210 and FL190. I had to watch to make sure air carrier X didn't overtake aircraft at FL270 descending to FL210. Conflict alert activated with flight and air carrier X at the same time air carrier X reported leaving FL370. Air carrier X was immediately told to maintain FL370 and report reaching. Air carrier X answered 'roger, leaving FL370.' I responded 'negative, maintain FL370!' answered, 'roger, leaving FL370.' air carrier Y and air carrier X were turned. Air carrier X continued to descend. Separation was lost. To stress the importance of understanding english. Air carrier X didn't make his restriction after the conflict was over. He was assigned heading to join 'campr 2' arrival to jfk and overshot arrival. He then had to be pointed out to another ny sector and turned again back to join 'campr 2' arrival. These kind of actions increase a controller's workload greatly. Supplemental information from acn 238179: factors: instructor had trained 3 of last 4 days and proficiency had dropped. Breakdown of scanning that focused on air carrier X overtaking slower aircraft and excluded air carrier Y still on 260 degree heading. The reason air carrier Y was given the 260 degree heading was due to unreliability of swl and hto vortacs on J174 causing aircraft a to drift east. This is a daily problem and has never been resolved, even though it has been idented for the past 6- 8 yrs. Supplemental information from acn 238196: air carrier Y at cruise FL350 on a heading of 260 degrees and given heading change of 220 degrees. Location was swl 020/070. Received on the TCASII an RA for traffic at 11 O'clock, descending through our altitude at 6 mi and 1100 ft above us. Discontinued turn. When traffic showed 2 mi and 800 ft above, followed RA from TCASII and began descent at 1500-2000 FPM. Visibility was marginal due to hazy sky condition and in and out of clouds. As we descended, the traffic conflict continued his descent, as well. Passing 34300 ft, saw air carrier X pass off the left within 1/2 mi and still descending. We leveled off at 34200 ft after TCASII notified cleared of conflict. We notified center of evasive action and climbed back up to FL350. Air carrier X continued his descent. We believe if we hadn't had TCASII on board things would have been much closer than they occurred. Notified center of the event and they thanked us for our help and confirmed that they witnessed the same event. Lesson to be learned is the TCASII does what it's intended to do.

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Original NASA ASRS Text

Title: FOREIGN LANGUAGE BARRIER ACR X NON ADHERENCE TO ATC INSTRUCTIONS DSCNT THROUGH OCCUPIED ALT HAD LTSS FROM ACR Y TCASII RA. EVASIVE ACTION TAKEN. SYS ERROR PLTDEV. SIT SWL AND HTO VOR UNRELIABLE.

Narrative: I WAS BEING TRAINED ON THE SIE SECTOR. J174 FROM HTO TO SWL IS VERY UNRELIABLE. ALL ALPHA EQUIPPED ACFT HAS TO BE PUT ON A VECTOR TO AVOID W107. I HAD AN ACR Y ON J174 DRIFTING INTO W107. I ASSIGNED HIM 260 DEG HDG TO AVOID W107. I HAD A FOREIGN ACR, ACR X, GOING TO JFK AT FL370. SOP'S SAY THAT ALL JFK ARRS HAVE TO CROSS BOUNDARY AT FL190. THE ACR X FLT DIDN'T SPEAK VERY GOOD ENGLISH. HE WAS OVERTAKING AT FL190 AND AT FL270 DSNDING TO FL210. ACR X WAS GIVEN A RESTRICTION TO CLR TFC AT FL210 AND FL190. I HAD TO WATCH TO MAKE SURE ACR X DIDN'T OVERTAKE ACFT AT FL270 DSNDING TO FL210. CONFLICT ALERT ACTIVATED WITH FLT AND ACR X AT THE SAME TIME ACR X RPTED LEAVING FL370. ACR X WAS IMMEDIATELY TOLD TO MAINTAIN FL370 AND RPT REACHING. ACR X ANSWERED 'ROGER, LEAVING FL370.' I RESPONDED 'NEGATIVE, MAINTAIN FL370!' ANSWERED, 'ROGER, LEAVING FL370.' ACR Y AND ACR X WERE TURNED. ACR X CONTINUED TO DSND. SEPARATION WAS LOST. TO STRESS THE IMPORTANCE OF UNDERSTANDING ENGLISH. ACR X DIDN'T MAKE HIS RESTRICTION AFTER THE CONFLICT WAS OVER. HE WAS ASSIGNED HDG TO JOIN 'CAMPR 2' ARR TO JFK AND OVERSHOT ARR. HE THEN HAD TO BE POINTED OUT TO ANOTHER NY SECTOR AND TURNED AGAIN BACK TO JOIN 'CAMPR 2' ARR. THESE KIND OF ACTIONS INCREASE A CTLR'S WORKLOAD GREATLY. SUPPLEMENTAL INFO FROM ACN 238179: FACTORS: INSTRUCTOR HAD TRAINED 3 OF LAST 4 DAYS AND PROFICIENCY HAD DROPPED. BREAKDOWN OF SCANNING THAT FOCUSED ON ACR X OVERTAKING SLOWER ACFT AND EXCLUDED ACR Y STILL ON 260 DEG HDG. THE REASON ACR Y WAS GIVEN THE 260 DEG HDG WAS DUE TO UNRELIABILITY OF SWL AND HTO VORTACS ON J174 CAUSING ACFT A TO DRIFT E. THIS IS A DAILY PROB AND HAS NEVER BEEN RESOLVED, EVEN THOUGH IT HAS BEEN IDENTED FOR THE PAST 6- 8 YRS. SUPPLEMENTAL INFO FROM ACN 238196: ACR Y AT CRUISE FL350 ON A HDG OF 260 DEGS AND GIVEN HDG CHANGE OF 220 DEGS. LOCATION WAS SWL 020/070. RECEIVED ON THE TCASII AN RA FOR TFC AT 11 O'CLOCK, DSNDING THROUGH OUR ALT AT 6 MI AND 1100 FT ABOVE US. DISCONTINUED TURN. WHEN TFC SHOWED 2 MI AND 800 FT ABOVE, FOLLOWED RA FROM TCASII AND BEGAN DSCNT AT 1500-2000 FPM. VISIBILITY WAS MARGINAL DUE TO HAZY SKY CONDITION AND IN AND OUT OF CLOUDS. AS WE DSNDED, THE TFC CONFLICT CONTINUED HIS DSCNT, AS WELL. PASSING 34300 FT, SAW ACR X PASS OFF THE L WITHIN 1/2 MI AND STILL DSNDING. WE LEVELED OFF AT 34200 FT AFTER TCASII NOTIFIED CLRED OF CONFLICT. WE NOTIFIED CTR OF EVASIVE ACTION AND CLBED BACK UP TO FL350. ACR X CONTINUED HIS DSCNT. WE BELIEVE IF WE HADN'T HAD TCASII ON BOARD THINGS WOULD HAVE BEEN MUCH CLOSER THAN THEY OCCURRED. NOTIFIED CTR OF THE EVENT AND THEY THANKED US FOR OUR HELP AND CONFIRMED THAT THEY WITNESSED THE SAME EVENT. LESSON TO BE LEARNED IS THE TCASII DOES WHAT IT'S INTENDED TO DO.

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.