A B727 flight crew had an near midair collision near CCC.

Attributes
ACN	456532
Time
Date	199912
Day	Thu
Local Time Of Day	0601 To 1200
Place
State Reference	NY
Altitude	msl bound lower : 20000 msl bound upper : 20400
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zbw.artcc
Operator	common carrier : air carrier
Make Model Name	B727 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise : enroute altitude change
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zbw.artcc
Operator	common carrier : air carrier
Make Model Name	MD-80 Series (DC-9-80) Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : cfi pilot : atp
Experience	flight time last 90 days : 178 flight time total : 11500 flight time type : 997
ASRS Report	456532
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : instrument pilot : multi engine pilot : commercial
Events
Anomaly	conflict : airborne critical non adherence : required legal separation
Independent Detector	other flight crewa other flight crewb other other : 2
Resolutory Action	flight crew : took precautionary avoidance action
Miss Distance	horizontal : 12000 vertical : 600
Supplementary
Problem Areas	ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

We were told by center, above 10000 ft, to maintain 250 KTS. We did. We were in the climb out, and ZBW cleared us up to FL230. All 3 of us (crew) heard it. The first officer repeated the clearance back to ATC ('up to 230'). First officer pointed to the altitude alerter, and I said out loud, 'FL230.' just out of FL200, we heard aircraft Y tell ATC 'there is a jet climbing at us.' I looked carefully out the front window, saw it was them. I immediately chopped the power and leveled off at FL204. I believe they went by at FL210 within 2 mi. They did not deviate. We were the ones who slowed our climb and leveled off. ATC was totally 'out of the loop.' I guess no alarms went off at ATC. Aircraft Y thankfully saw us on TCASII and said something. ATC then (he responded (ATC) very slowly -- knowing he messed up) asked what altitude we were cleared to. We said 'FL230.' so then we were at FL204, and ATC (guessed shook up) wouldn't say what altitude to go to. I told first officer, 'ask him what altitude does he want us to go to.' he asked. ATC took a long time to respond. Then he said, 'climb to FL230.' the first officer read it back and pointed to the new altitude. I said it out loud. Then we climbed to FL230. They finally, after we asked, got to go to normal airspeed. Rest of flight went fine. It is time cargo jets need TCASII!

Original NASA ASRS Text

Title: A B727 FLC HAD AN NMAC NEAR CCC.

Narrative: WE WERE TOLD BY CTR, ABOVE 10000 FT, TO MAINTAIN 250 KTS. WE DID. WE WERE IN THE CLBOUT, AND ZBW CLRED US UP TO FL230. ALL 3 OF US (CREW) HEARD IT. THE FO REPEATED THE CLRNC BACK TO ATC ('UP TO 230'). FO POINTED TO THE ALT ALERTER, AND I SAID OUT LOUD, 'FL230.' JUST OUT OF FL200, WE HEARD ACFT Y TELL ATC 'THERE IS A JET CLBING AT US.' I LOOKED CAREFULLY OUT THE FRONT WINDOW, SAW IT WAS THEM. I IMMEDIATELY CHOPPED THE PWR AND LEVELED OFF AT FL204. I BELIEVE THEY WENT BY AT FL210 WITHIN 2 MI. THEY DID NOT DEVIATE. WE WERE THE ONES WHO SLOWED OUR CLB AND LEVELED OFF. ATC WAS TOTALLY 'OUT OF THE LOOP.' I GUESS NO ALARMS WENT OFF AT ATC. ACFT Y THANKFULLY SAW US ON TCASII AND SAID SOMETHING. ATC THEN (HE RESPONDED (ATC) VERY SLOWLY -- KNOWING HE MESSED UP) ASKED WHAT ALT WE WERE CLRED TO. WE SAID 'FL230.' SO THEN WE WERE AT FL204, AND ATC (GUESSED SHOOK UP) WOULDN'T SAY WHAT ALT TO GO TO. I TOLD FO, 'ASK HIM WHAT ALT DOES HE WANT US TO GO TO.' HE ASKED. ATC TOOK A LONG TIME TO RESPOND. THEN HE SAID, 'CLB TO FL230.' THE FO READ IT BACK AND POINTED TO THE NEW ALT. I SAID IT OUT LOUD. THEN WE CLBED TO FL230. THEY FINALLY, AFTER WE ASKED, GOT TO GO TO NORMAL AIRSPD. REST OF FLT WENT FINE. IT IS TIME CARGO JETS NEED TCASII!

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.