Near miss reported between climbing air carrier B747 and unknown VFR at 10500 ft.

Attributes
ACN	399529
Time
Date	199804
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : jfk
State Reference	NY
Altitude	msl bound lower : 10500 msl bound upper : 10500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	B747 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Route In Use	departure other departure sid : sid enroute : on vectors enroute airway : n90
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	cruise other
Route In Use	approach : visual
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : flight engineer pilot : atp
Experience	flight time last 90 days : 150 flight time total : 19000 flight time type : 5000
ASRS Report	399529
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : commercial
Events
Anomaly	conflict : nmac other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera
Resolutory Action	other
Miss Distance	horizontal : 0 vertical : 100
Supplementary
Primary Problem	ATC Human Performance

Narrative:

I departed jfk on the jfk 7 departure, but shortly after takeoff I was issued vectors. I had just passed 10000 ft and was increasing airspeed from 260 KTS to 335 KTS, when on assigned heading of 010 degrees. Departure said there was traffic at 10 O'clock and 10500 ft. ATC then said turn to 080 degrees. This seemed wrong to me (ie, it would cause me to turn into the VFR traffic at 10 O'clock) and I asked the copilot to confirm the 080 degree heading. ATC replied, 'yes, turn to 080 degrees and increase rate of climb.' I started to turn to 080 degrees when I received a TA and noticed the traffic on TCASII approaching from the right at 00 altitude. TCASII then gave an RA (climb) and I stopped the turn and pitched up to comply with TCASII RA. The so added go around power and I had to reduce the pitch attitude as airspeed was rapidly approaching my vzf of 256 KTS. As the target approached my position on TCASII, ATC said turn to 340 degrees and I saw the traffic on TCASII slide under us at -100. I feel that ATC should never have turned us toward the VFR traffic (they said they tried to turn us behind the VFR traffic), but should have leveled us off at 10000 ft, or had us descend. We were fairly heavy at 750000 pounds and not very maneuverable, as our vzf was 256 KTS. We never saw the traffic, and my near miss declaration is based on TCASII only.

Original NASA ASRS Text

Title: NEAR MISS RPTED BTWN CLBING ACR B747 AND UNKNOWN VFR AT 10500 FT.

Narrative: I DEPARTED JFK ON THE JFK 7 DEP, BUT SHORTLY AFTER TKOF I WAS ISSUED VECTORS. I HAD JUST PASSED 10000 FT AND WAS INCREASING AIRSPD FROM 260 KTS TO 335 KTS, WHEN ON ASSIGNED HDG OF 010 DEGS. DEP SAID THERE WAS TFC AT 10 O'CLOCK AND 10500 FT. ATC THEN SAID TURN TO 080 DEGS. THIS SEEMED WRONG TO ME (IE, IT WOULD CAUSE ME TO TURN INTO THE VFR TFC AT 10 O'CLOCK) AND I ASKED THE COPLT TO CONFIRM THE 080 DEG HDG. ATC REPLIED, 'YES, TURN TO 080 DEGS AND INCREASE RATE OF CLB.' I STARTED TO TURN TO 080 DEGS WHEN I RECEIVED A TA AND NOTICED THE TFC ON TCASII APCHING FROM THE R AT 00 ALT. TCASII THEN GAVE AN RA (CLB) AND I STOPPED THE TURN AND PITCHED UP TO COMPLY WITH TCASII RA. THE SO ADDED GAR PWR AND I HAD TO REDUCE THE PITCH ATTITUDE AS AIRSPD WAS RAPIDLY APCHING MY VZF OF 256 KTS. AS THE TARGET APCHED MY POS ON TCASII, ATC SAID TURN TO 340 DEGS AND I SAW THE TFC ON TCASII SLIDE UNDER US AT -100. I FEEL THAT ATC SHOULD NEVER HAVE TURNED US TOWARD THE VFR TFC (THEY SAID THEY TRIED TO TURN US BEHIND THE VFR TFC), BUT SHOULD HAVE LEVELED US OFF AT 10000 FT, OR HAD US DSND. WE WERE FAIRLY HVY AT 750000 LBS AND NOT VERY MANEUVERABLE, AS OUR VZF WAS 256 KTS. WE NEVER SAW THE TFC, AND MY NEAR MISS DECLARATION IS BASED ON TCASII ONLY.

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.