Near midair collision between an F-100 crew climbing to FL230 and a VFR be-90 near alb.

Attributes
ACN	547976
Time
Date	200205
Day	Mon
Local Time Of Day	0601 To 1200
Place
Locale Reference	airport : alb.airport
State Reference	NY
Altitude	msl bound lower : 12000 msl bound upper : 12500
Environment
Light	Dawn
Aircraft 1
Controlling Facilities	tracon : alb.tracon
Operator	common carrier : air carrier
Make Model Name	Fokker 100
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zbw.artcc
Operator	general aviation : corporate
Make Model Name	King Air C90 E90
Operating Under FAR Part	Part 91
Flight Phase	cruise : level
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	547976
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	non adherence : far non adherence : published procedure non adherence : required legal separation
Independent Detector	atc equipment other atc equipment : radar aircraft equipment : tcas other flight crewa other flight crewb other other : 3
Resolutory Action	controller : issued advisory flight crew : took evasive action
Miss Distance	horizontal : 6000 vertical : 0
Supplementary
Problem Areas	Airspace Structure ATC Human Performance Flight Crew Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

We were talking to ZBW about 50 mi northwest of albany, level at 12000 ft. On a 330 degree heading, we were cleared to climb from 12000 ft to FL230. Previously, center had given us traffic at 13000 ft at 10-11 O'clock position opposite direction. At 12500 ft we received TCASII traffic alert followed by a descending RA. We responded to the TCASII RA. We saw the king air traffic at the same altitude as us and less than a mi from us. We responded with a descending right turn away from him. The king air responded with a right turn away from us. The king air claims he had us in sight, but made a very late turn to avoid us. This was a completely unnecessary close call. It was XA30 in the morning and there was very little other traffic around. She claimed everything was legal from her end over the radio. We never saw the king air and he should not have been allowed to get that close to us. How do I know he did not lose sight of me with the morning sun in front of him? Either the controller or the king air pilot made this a very close call.

Original NASA ASRS Text

Title: NMAC BTWN AN F-100 CREW CLBING TO FL230 AND A VFR BE-90 NEAR ALB.

Narrative: WE WERE TALKING TO ZBW ABOUT 50 MI NW OF ALBANY, LEVEL AT 12000 FT. ON A 330 DEG HDG, WE WERE CLRED TO CLB FROM 12000 FT TO FL230. PREVIOUSLY, CTR HAD GIVEN US TFC AT 13000 FT AT 10-11 O'CLOCK POS OPPOSITE DIRECTION. AT 12500 FT WE RECEIVED TCASII TFC ALERT FOLLOWED BY A DSNDING RA. WE RESPONDED TO THE TCASII RA. WE SAW THE KING AIR TFC AT THE SAME ALT AS US AND LESS THAN A MI FROM US. WE RESPONDED WITH A DSNDING R TURN AWAY FROM HIM. THE KING AIR RESPONDED WITH A R TURN AWAY FROM US. THE KING AIR CLAIMS HE HAD US IN SIGHT, BUT MADE A VERY LATE TURN TO AVOID US. THIS WAS A COMPLETELY UNNECESSARY CLOSE CALL. IT WAS XA30 IN THE MORNING AND THERE WAS VERY LITTLE OTHER TFC AROUND. SHE CLAIMED EVERYTHING WAS LEGAL FROM HER END OVER THE RADIO. WE NEVER SAW THE KING AIR AND HE SHOULD NOT HAVE BEEN ALLOWED TO GET THAT CLOSE TO US. HOW DO I KNOW HE DID NOT LOSE SIGHT OF ME WITH THE MORNING SUN IN FRONT OF HIM? EITHER THE CTLR OR THE KING AIR PLT MADE THIS A VERY CLOSE CALL.

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.