B737-300 crew and a BE200 had less than legal separation in N90 class east airspace.

Attributes
ACN	538328
Time
Date	200202
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	intersection : korry
State Reference	NJ
Altitude	msl single value : 10500
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	B737-300
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	descent : vacating altitude
Route In Use	arrival star : korry
Flight Plan	IFR
Aircraft 2
Operator	general aviation : corporate
Make Model Name	King Air 100 A/B
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : multi engine pilot : instrument pilot : flight engineer pilot : commercial pilot : cfi pilot : atp
Experience	flight time last 90 days : 150 flight time total : 18000 flight time type : 11000
ASRS Report	538328
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	conflict : airborne critical non adherence : far non adherence : published procedure other anomaly other
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb
Resolutory Action	controller : issued new clearance flight crew : took evasive action none taken : detected after the fact
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 300 vertical : 300
Supplementary
Problem Areas	Company FAA Flight Crew Human Performance ATC Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	other

Narrative:

Beautiful day, clear and a million. Descending 'via the korry arrival.' approaching korry (crossing altitude is 10000 ft at korry), descending through 10500 ft, got a TA on TCASII -- traffic approaching head-on at 10500 ft, but slowly descending. Just seconds before RA, I saw aircraft visually. Immediately disconnected autoplt and autothrottle and banked a hard (at least 30 degree bank) turn to right, then got RA commanding descent. Compliance was fast due to bank angle. Saw a 200 king air pass by above us and off left. ATC said, when asked, they weren't talking to him, he was VFR and could legally do what he wanted. She (the controller) implied that she wasn't obligated to call out the traffic for us, since the king air wasn't talking to her. I understand that ATC's obligation is to separate us from other IFR and known VFR traffic. But, this was horrible. Second, I understand some low-time private pilot doing something stupid -- but not a turbine operator. First of all, here in the northeast, you're crazy to go VFR without receiving flight following. Second, here in the northeast, you're crazy to be flying around, near, over VOR when VFR. Third, what this idiot was doing was suicide. That is, flying opposite course to a busy inbound arrival to new york city, at an altitude that the arrs will be. (I have to assume this guy was instrument rated, while not required by part 61 -- he'd have to be wealthy to afford the insurance to fly a 200 king air without an instrument rating.) based on this assumption, he ought to know better than to: 1) fly VFR without talking to someone here in the northeast corridor. 2) fly around, near, over vors in the northeast corridor. 3) fly on published arrival/departure rtes VFR without talking to anybody. 4) fly on published arrival/departure rtes at altitudes where airliners are. 5) not see and avoid (we're big -- he's not). Also, what's up with the controller? Like she didn't see 2 targets at the same altitude merging. (This guy was in a slow descent, he (I estimate) crossed korry (or very near korry) at about 10500 ft and descending. Going sebound, we're nebound descending to cross korry at 10000 ft. It just proves, you need to keep your head in a swivel, keep a clean windshield, and thank god for TCASII.

Original NASA ASRS Text

Title: B737-300 CREW AND A BE200 HAD LESS THAN LEGAL SEPARATION IN N90 CLASS E AIRSPACE.

Narrative: BEAUTIFUL DAY, CLR AND A MILLION. DSNDING 'VIA THE KORRY ARR.' APCHING KORRY (XING ALT IS 10000 FT AT KORRY), DSNDING THROUGH 10500 FT, GOT A TA ON TCASII -- TFC APCHING HEAD-ON AT 10500 FT, BUT SLOWLY DSNDING. JUST SECONDS BEFORE RA, I SAW ACFT VISUALLY. IMMEDIATELY DISCONNECTED AUTOPLT AND AUTOTHROTTLE AND BANKED A HARD (AT LEAST 30 DEG BANK) TURN TO R, THEN GOT RA COMMANDING DSCNT. COMPLIANCE WAS FAST DUE TO BANK ANGLE. SAW A 200 KING AIR PASS BY ABOVE US AND OFF L. ATC SAID, WHEN ASKED, THEY WEREN'T TALKING TO HIM, HE WAS VFR AND COULD LEGALLY DO WHAT HE WANTED. SHE (THE CTLR) IMPLIED THAT SHE WASN'T OBLIGATED TO CALL OUT THE TFC FOR US, SINCE THE KING AIR WASN'T TALKING TO HER. I UNDERSTAND THAT ATC'S OBLIGATION IS TO SEPARATE US FROM OTHER IFR AND KNOWN VFR TFC. BUT, THIS WAS HORRIBLE. SECOND, I UNDERSTAND SOME LOW-TIME PVT PLT DOING SOMETHING STUPID -- BUT NOT A TURBINE OPERATOR. FIRST OF ALL, HERE IN THE NE, YOU'RE CRAZY TO GO VFR WITHOUT RECEIVING FLT FOLLOWING. SECOND, HERE IN THE NE, YOU'RE CRAZY TO BE FLYING AROUND, NEAR, OVER VOR WHEN VFR. THIRD, WHAT THIS IDIOT WAS DOING WAS SUICIDE. THAT IS, FLYING OPPOSITE COURSE TO A BUSY INBOUND ARR TO NEW YORK CITY, AT AN ALT THAT THE ARRS WILL BE. (I HAVE TO ASSUME THIS GUY WAS INST RATED, WHILE NOT REQUIRED BY PART 61 -- HE'D HAVE TO BE WEALTHY TO AFFORD THE INSURANCE TO FLY A 200 KING AIR WITHOUT AN INST RATING.) BASED ON THIS ASSUMPTION, HE OUGHT TO KNOW BETTER THAN TO: 1) FLY VFR WITHOUT TALKING TO SOMEONE HERE IN THE NE CORRIDOR. 2) FLY AROUND, NEAR, OVER VORS IN THE NE CORRIDOR. 3) FLY ON PUBLISHED ARR/DEP RTES VFR WITHOUT TALKING TO ANYBODY. 4) FLY ON PUBLISHED ARR/DEP RTES AT ALTS WHERE AIRLINERS ARE. 5) NOT SEE AND AVOID (WE'RE BIG -- HE'S NOT). ALSO, WHAT'S UP WITH THE CTLR? LIKE SHE DIDN'T SEE 2 TARGETS AT THE SAME ALT MERGING. (THIS GUY WAS IN A SLOW DSCNT, HE (I ESTIMATE) CROSSED KORRY (OR VERY NEAR KORRY) AT ABOUT 10500 FT AND DSNDING. GOING SEBOUND, WE'RE NEBOUND DSNDING TO CROSS KORRY AT 10000 FT. IT JUST PROVES, YOU NEED TO KEEP YOUR HEAD IN A SWIVEL, KEEP A CLEAN WINDSHIELD, AND THANK GOD FOR 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.