Narrative:

Air carrier B flight to sju-L1011 departure from runway 22R jfk, clearance was heading 205 degrees 3000 ft. After airborne clearance given to 5000 ft. Departure control gave left turn 120 degrees and 5000 ft. Departure was also talking to an air carrier X 747 which took off prior to us followed by a jetstream. Departure wanted air carrier X to proceed direct betty, but air carrier X was deviating due to WX. Departure then told air carrier X to proceed direct betty when able. We saw an aircraft 6-8 mi ahead of us when we were given the turn to 120 degrees, but he did not show on TCASII. After leveling at 5000 ft for approximately 30 seconds, departure told us to maintain 5000 ft, as if he thought we were not. We replied we were level at 5000 ft. As we were near to intercept jfk 139 degrees radial, departure cleared us direct shipp. Departure then cleared us climb to 13000 ft. As we were passing 5500 ft departure told us level off and turn left to 060 degrees. I made an abrupt level off and quickly started a left turn. All this time we had been in and out of clouds with light rain. About this time I saw a large aircraft (I believe a 747, probably air carrier X) slightly above us at about 1-2 O'clock less than 1/2 mi moving right to left. I also saw a small aircraft below and behind us (3-4 O'clock). Controller then advised us to turn right direct shipp and climb to 13000 ft. We advised unable due to traffic. Controller said traffic was not conflict, that it was at 4000 ft and descending. Traffic was clearly not at 4000 ft or descending. I judged that continued flight in direction controller had directed would probably cause us to hit the large aircraft, so I added maximum power, turned hard right and did rapid climb to go above and behind other aircraft. After this maneuver was started, TCASII advised, 'monitor vertical speed,' the first indication of any type for the conflict. We passed above and behind conflict aircraft. I estimate less than 500 ft. Captain advised me there was a blip on the radar altimeter and the TCASII had shown red directly under our aircraft symbol. He said he had lost sight of the conflict while I was evading it. I think controller had confused either us or air carrier X or both with the small aircraft. Maybe he confused us and air carrier X with each other. I'm sure we would have hit the 747 if we had not had a break in the WX so I could see him. Supplemental information from acn 280262: arrival: air carrier a, B767, coordination sebound descending while departure traffic air carrier B H/L1011 was eastbound climbing. Air carrier a was turned eastbound as air carrier B was turned on course sebound. Climb and descent rates of both aircraft were such that when lateral separation was lost there would be vertical separation. Air carrier B leveled at 5600 ft as air carrier a was descending through 5000 ft. Air carrier B then descended saying the traffic was above him. Air carrier a was told to expedite descent to 4000 ft. Air carrier B descended through 5000 ft before he finally stopped his descent after continual xmissions by controller on departure position that traffic was below him still descending. I feel that the 2 controllers on position stated (ar, dr) and quick compliance by the air carrier a. Crew were instrumental in averting a mid-air collision. I feel that either TCASII or pilot error on the part of the crew are what caused this operational error.

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Original NASA ASRS Text

Title: WDB ACFT TAKES EVASIVE ACTION OPPOSITE TO CTLR INSTRUCTIONS DUE TO PROX OF ANOTHER WDB.

Narrative: ACR B FLT TO SJU-L1011 DEP FROM RWY 22R JFK, CLRNC WAS HDG 205 DEGS 3000 FT. AFTER AIRBORNE CLRNC GIVEN TO 5000 FT. DEP CTL GAVE L TURN 120 DEGS AND 5000 FT. DEP WAS ALSO TALKING TO AN ACR X 747 WHICH TOOK OFF PRIOR TO US FOLLOWED BY A JETSTREAM. DEP WANTED ACR X TO PROCEED DIRECT BETTY, BUT ACR X WAS DEVIATING DUE TO WX. DEP THEN TOLD ACR X TO PROCEED DIRECT BETTY WHEN ABLE. WE SAW AN ACFT 6-8 MI AHEAD OF US WHEN WE WERE GIVEN THE TURN TO 120 DEGS, BUT HE DID NOT SHOW ON TCASII. AFTER LEVELING AT 5000 FT FOR APPROX 30 SECONDS, DEP TOLD US TO MAINTAIN 5000 FT, AS IF HE THOUGHT WE WERE NOT. WE REPLIED WE WERE LEVEL AT 5000 FT. AS WE WERE NEAR TO INTERCEPT JFK 139 DEGS RADIAL, DEP CLRED US DIRECT SHIPP. DEP THEN CLRED US CLB TO 13000 FT. AS WE WERE PASSING 5500 FT DEP TOLD US LEVEL OFF AND TURN L TO 060 DEGS. I MADE AN ABRUPT LEVEL OFF AND QUICKLY STARTED A L TURN. ALL THIS TIME WE HAD BEEN IN AND OUT OF CLOUDS WITH LIGHT RAIN. ABOUT THIS TIME I SAW A LARGE ACFT (I BELIEVE A 747, PROBABLY ACR X) SLIGHTLY ABOVE US AT ABOUT 1-2 O'CLOCK LESS THAN 1/2 MI MOVING R TO L. I ALSO SAW A SMALL ACFT BELOW AND BEHIND US (3-4 O'CLOCK). CTLR THEN ADVISED US TO TURN R DIRECT SHIPP AND CLB TO 13000 FT. WE ADVISED UNABLE DUE TO TFC. CTLR SAID TFC WAS NOT CONFLICT, THAT IT WAS AT 4000 FT AND DSNDING. TFC WAS CLRLY NOT AT 4000 FT OR DSNDING. I JUDGED THAT CONTINUED FLT IN DIRECTION CTLR HAD DIRECTED WOULD PROBABLY CAUSE US TO HIT THE LARGE ACFT, SO I ADDED MAX PWR, TURNED HARD R AND DID RAPID CLB TO GO ABOVE AND BEHIND OTHER ACFT. AFTER THIS MANEUVER WAS STARTED, TCASII ADVISED, 'MONITOR VERT SPD,' THE FIRST INDICATION OF ANY TYPE FOR THE CONFLICT. WE PASSED ABOVE AND BEHIND CONFLICT ACFT. I ESTIMATE LESS THAN 500 FT. CAPT ADVISED ME THERE WAS A BLIP ON THE RADAR ALTIMETER AND THE TCASII HAD SHOWN RED DIRECTLY UNDER OUR ACFT SYMBOL. HE SAID HE HAD LOST SIGHT OF THE CONFLICT WHILE I WAS EVADING IT. I THINK CTLR HAD CONFUSED EITHER US OR ACR X OR BOTH WITH THE SMALL ACFT. MAYBE HE CONFUSED US AND ACR X WITH EACH OTHER. I'M SURE WE WOULD HAVE HIT THE 747 IF WE HAD NOT HAD A BREAK IN THE WX SO I COULD SEE HIM. SUPPLEMENTAL INFO FROM ACN 280262: ARR: ACR A, B767, COORD SEBOUND DSNDING WHILE DEP TFC ACR B H/L1011 WAS EBOUND CLBING. ACR A WAS TURNED EBOUND AS ACR B WAS TURNED ON COURSE SEBOUND. CLB AND DSCNT RATES OF BOTH ACFT WERE SUCH THAT WHEN LATERAL SEPARATION WAS LOST THERE WOULD BE VERT SEPARATION. ACR B LEVELED AT 5600 FT AS ACR A WAS DSNDING THROUGH 5000 FT. ACR B THEN DSNDED SAYING THE TFC WAS ABOVE HIM. ACR A WAS TOLD TO EXPEDITE DSCNT TO 4000 FT. ACR B DSNDED THROUGH 5000 FT BEFORE HE FINALLY STOPPED HIS DSCNT AFTER CONTINUAL XMISSIONS BY CTLR ON DEP POS THAT TFC WAS BELOW HIM STILL DSNDING. I FEEL THAT THE 2 CTLRS ON POS STATED (AR, DR) AND QUICK COMPLIANCE BY THE ACR A. CREW WERE INSTRUMENTAL IN AVERTING A MID-AIR COLLISION. I FEEL THAT EITHER TCASII OR PLT ERROR ON THE PART OF THE CREW ARE WHAT CAUSED THIS OPERATIONAL ERROR.

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.