EMB120 flight crew stopped climb prior to reaching assigned altitude to avoid traffic conflict.

Attributes
ACN	432046
Time
Date	199903
Day	Wed
Local Time Of Day	0601 To 1200
Place
Locale Reference	navaid : sea.vortac
State Reference	WA
Altitude	msl single value : 4000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : s46.tracon
Operator	common carrier : air carrier
Make Model Name	Brasilia EMB-120 All Series
Operating Under FAR Part	Part 121
Navigation In Use	other vortac
Flight Phase	climbout : intermediate altitude climbout : initial
Route In Use	departure : on vectors
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : s46.tracon
Make Model Name	Challenger CL603/603a
Flight Phase	climbout : initial
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : cfi pilot : multi engine pilot : atp
Experience	flight time last 90 days : 280 flight time total : 12100 flight time type : 4200
ASRS Report	432046
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : multi engine pilot : commercial
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation
Independent Detector	aircraft equipment : tcas other controllera other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : took precautionary avoidance action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 5280 vertical : 500
Supplementary
Problem Areas	Flight Crew Human Performance Airspace Structure ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

The first officer obtained the clearance and the initial altitude assigned was 9000 ft on the seattle 2 departure. After liftoff, the tower instructed us to fly a heading of 130 degrees and change to departure control. We checked in with the departure controller and stated our altitude and climb limits. The controller was very busy and responded only with 'radar contact' and continued working a jet that departed ahead of us. As we continued our climb, I could see on the TCASII that our flight path was going to conflict with IFR traffic that was climbing off a nearby satellite airport from behind and to our left. I located the aircraft visually and stopped our climb just as a TCASII alert was sounded. The controller finally recognized the problem and instructed us to maintain visual with the aircraft and maintain 5000 ft. After the traffic conflict, the flight continued normally. Upon reaching my destination, I contacted the ATC facility by telephone and discussed the situation. I was told by the supervisor that clearance delivery incorrectly assigned our 9000 ft climb limit. The departure controller should have also caught the error on the check-in, but was too busy at the time. Without the TCASII system, I would not have been aware of the traffic until a near miss would have occurred.

Original NASA ASRS Text

Title: EMB120 FLC STOPPED CLB PRIOR TO REACHING ASSIGNED ALT TO AVOID TFC CONFLICT.

Narrative: THE FO OBTAINED THE CLRNC AND THE INITIAL ALT ASSIGNED WAS 9000 FT ON THE SEATTLE 2 DEP. AFTER LIFTOFF, THE TWR INSTRUCTED US TO FLY A HDG OF 130 DEGS AND CHANGE TO DEP CTL. WE CHKED IN WITH THE DEP CTLR AND STATED OUR ALT AND CLB LIMITS. THE CTLR WAS VERY BUSY AND RESPONDED ONLY WITH 'RADAR CONTACT' AND CONTINUED WORKING A JET THAT DEPARTED AHEAD OF US. AS WE CONTINUED OUR CLB, I COULD SEE ON THE TCASII THAT OUR FLT PATH WAS GOING TO CONFLICT WITH IFR TFC THAT WAS CLBING OFF A NEARBY SATELLITE ARPT FROM BEHIND AND TO OUR L. I LOCATED THE ACFT VISUALLY AND STOPPED OUR CLB JUST AS A TCASII ALERT WAS SOUNDED. THE CTLR FINALLY RECOGNIZED THE PROB AND INSTRUCTED US TO MAINTAIN VISUAL WITH THE ACFT AND MAINTAIN 5000 FT. AFTER THE TFC CONFLICT, THE FLT CONTINUED NORMALLY. UPON REACHING MY DEST, I CONTACTED THE ATC FACILITY BY TELEPHONE AND DISCUSSED THE SIT. I WAS TOLD BY THE SUPVR THAT CLRNC DELIVERY INCORRECTLY ASSIGNED OUR 9000 FT CLB LIMIT. THE DEP CTLR SHOULD HAVE ALSO CAUGHT THE ERROR ON THE CHK-IN, BUT WAS TOO BUSY AT THE TIME. WITHOUT THE TCASII SYS, I WOULD NOT HAVE BEEN AWARE OF THE TFC UNTIL A NEAR MISS WOULD HAVE OCCURRED.

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.