Visual climb clearance in N90 area does not work out.

Attributes
ACN	475612
Time
Date	200006
Day	Sat
Local Time Of Day	1801 To 2400
Place
Locale Reference	navaid : sax.vor
State Reference	NY
Altitude	msl bound lower : 9000 msl bound upper : 9200
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	B757 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	climbout : vacating altitude
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	Jetstream 32
Operating Under FAR Part	Part 121
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : cfi pilot : atp pilot : commercial
Experience	flight time last 90 days : 160 flight time total : 8500 flight time type : 260
ASRS Report	475612
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : multi engine pilot : instrument pilot : flight engineer pilot : commercial pilot : atp
Experience	flight time last 90 days : 150 flight time total : 10000 flight time type : 150
ASRS Report	475951
Events
Anomaly	conflict : airborne less severe other anomaly other
Independent Detector	other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : took precautionary avoidance action
Miss Distance	horizontal : 1000 vertical : 800
Supplementary
Problem Areas	Airspace Structure Flight Crew Human Performance ATC Human Performance
Primary Problem	ATC Human Performance

Narrative:

Cleared to and climbing to 9000 ft MSL. Traffic called at 1 O'clock position, 10000 ft MSL. PNF responded 'traffic in sight.' PF pointed to traffic. Departure cleared us to 15000 ft MSL 'with traffic in sight.' PF started through 9000 ft following flight guidance since 15000 ft was in altitude clearance window and guidance had not captured 9000 ft yet. At approximately 9200 ft PNF called to descend as traffic was initiating a right turn away. Our aircraft started down and re-leveled at 9000 ft as traffic (slower) disappeared out of our 6 O'clock position. Traffic radioed 'too close for us.' we informed ATC traffic was no longer in sight and we were level at 9000 ft. ATC issued 'clear of traffic cleared to climb. Supplemental information from acn 475951: the conflict and confusion was exacerbated by the clearance to climb through traffic altitude with traffic in sight. PF was properly following flight guidance, PNF was monitoring traffic but we still got too close. Perhaps such clrncs have no real use in heavy traffic areas. Traffic was depicted on TCASII and we did receive a TA but never an RA.

Original NASA ASRS Text

Title: VISUAL CLB CLRNC IN N90 AREA DOES NOT WORK OUT.

Narrative: CLRED TO AND CLBING TO 9000 FT MSL. TFC CALLED AT 1 O'CLOCK POS, 10000 FT MSL. PNF RESPONDED 'TFC IN SIGHT.' PF POINTED TO TFC. DEP CLRED US TO 15000 FT MSL 'WITH TFC IN SIGHT.' PF STARTED THROUGH 9000 FT FOLLOWING FLT GUIDANCE SINCE 15000 FT WAS IN ALT CLRNC WINDOW AND GUIDANCE HAD NOT CAPTURED 9000 FT YET. AT APPROX 9200 FT PNF CALLED TO DSND AS TFC WAS INITIATING A R TURN AWAY. OUR ACFT STARTED DOWN AND RE-LEVELED AT 9000 FT AS TFC (SLOWER) DISAPPEARED OUT OF OUR 6 O'CLOCK POS. TFC RADIOED 'TOO CLOSE FOR US.' WE INFORMED ATC TFC WAS NO LONGER IN SIGHT AND WE WERE LEVEL AT 9000 FT. ATC ISSUED 'CLR OF TFC CLRED TO CLB. SUPPLEMENTAL INFO FROM ACN 475951: THE CONFLICT AND CONFUSION WAS EXACERBATED BY THE CLRNC TO CLB THROUGH TFC ALT WITH TFC IN SIGHT. PF WAS PROPERLY FOLLOWING FLT GUIDANCE, PNF WAS MONITORING TFC BUT WE STILL GOT TOO CLOSE. PERHAPS SUCH CLRNCS HAVE NO REAL USE IN HVY TFC AREAS. TFC WAS DEPICTED ON TCASII AND WE DID RECEIVE A TA BUT NEVER AN RA.

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.