Controller cleared a learjet aircraft to FL290 and then gave him an immediate descent and turn to avoid an air carrier aircraft that was at FL290. Air carrier aircraft received a TCASII RA and responded with a climb. ATC confirmed the learjet had been cleared to FL290. Learjet flight crew pulled cvr tape as protection.

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Attributes
ACN	323250
Time
Date	199512
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : lit
State Reference	AR
Altitude	msl bound lower : 28000 msl bound upper : 28700
Environment
Flight Conditions	VMC
Light	Dusk
Aircraft 1
Controlling Facilities	artcc : zme
Operator	general aviation : corporate
Make Model Name	Light Transport, Low Wing, 2 Turbojet Eng
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude descent other
Route In Use	enroute : on vectors
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	climbout : intermediate altitude cruise other
Flight Plan	IFR
Person 1
Affiliation	Other
Function	flight crew : captain oversight : pic
Qualification	pilot : cfi pilot : atp
Experience	flight time last 90 days : 100 flight time total : 13000 flight time type : 2000
ASRS Report	323250
Person 2
Affiliation	Other
Function	flight crew : first officer
Qualification	other other : other pilot : commercial pilot : instrument
Experience	flight time last 90 days : 16 flight time total : 1234 flight time type : 470
ASRS Report	323178
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : required legal separation
Independent Detector	atc equipment other atc equipment : unspecified aircraft equipment other aircraft equipment : unspecified other controllera
Resolutory Action	controller : issued new clearance other
Consequence	Other
Miss Distance	vertical : 300
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Cleared to FL280 by ZME with assigned heading of 270 degrees. Changed to frequency 125.42 and reported by FL230 for FL280. Cleared to FL290 and acknowledged. Approaching FL287 center told us to maintain FL280. An immediate descent was started and center advised an immediate descent. Center requested an immediate turn to 330 degree heading. Steep bank was made immediately. An air carrier jet reported that they had a TCASII RA and were climbing. Advised ATC that we were at FL280 on heading 330 degrees and asked if we had been initially cleared to FL290. ATC confirmed that we had been cleared to FL290. Cvr was disabled and tape confirms the events as listed. Supplemental information from acn 323178: air carrier jet reported they had a TCASII RA and were climbing. They reported that an aircraft (lear) passed off their nose 200 ft below them and they were at FL297 and descending back to FL290.

Original NASA ASRS Text

Title: CTLR CLRED A LEARJET ACFT TO FL290 AND THEN GAVE HIM AN IMMEDIATE DSCNT AND TURN TO AVOID AN ACR ACFT THAT WAS AT FL290. ACR ACFT RECEIVED A TCASII RA AND RESPONDED WITH A CLB. ATC CONFIRMED THE LEARJET HAD BEEN CLRED TO FL290. LEARJET FLC PULLED CVR TAPE AS PROTECTION.

Narrative: CLRED TO FL280 BY ZME WITH ASSIGNED HDG OF 270 DEGS. CHANGED TO FREQ 125.42 AND RPTED BY FL230 FOR FL280. CLRED TO FL290 AND ACKNOWLEDGED. APCHING FL287 CTR TOLD US TO MAINTAIN FL280. AN IMMEDIATE DSCNT WAS STARTED AND CTR ADVISED AN IMMEDIATE DSCNT. CTR REQUESTED AN IMMEDIATE TURN TO 330 DEG HDG. STEEP BANK WAS MADE IMMEDIATELY. AN ACR JET RPTED THAT THEY HAD A TCASII RA AND WERE CLBING. ADVISED ATC THAT WE WERE AT FL280 ON HDG 330 DEGS AND ASKED IF WE HAD BEEN INITIALLY CLRED TO FL290. ATC CONFIRMED THAT WE HAD BEEN CLRED TO FL290. CVR WAS DISABLED AND TAPE CONFIRMS THE EVENTS AS LISTED. SUPPLEMENTAL INFO FROM ACN 323178: ACR JET RPTED THEY HAD A TCASII RA AND WERE CLBING. THEY RPTED THAT AN ACFT (LEAR) PASSED OFF THEIR NOSE 200 FT BELOW THEM AND THEY WERE AT FL297 AND DSNDING BACK TO FL290.

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.