Narrative:

Approximately 10 NM east of the intersection camrn on a westerly course; ZNY advised us of opposite direction traffic in our 11 O'clock position at 8000 ft that would be climbing to 10000 ft. We were level at our assigned altitude of 9000 ft. I advised we had a light in sight at 11 O'clock position. The B747-400 was cleared to climb visually to 10000 ft and to maintain visual separation from us. We could see the pitch change as the air carrier Y started its climb. At 6 mi separation; the aircraft was 1500 ft below and climbing. ZNY issued a traffic position call to air carrier Y; describing our relative position and converging. Air carrier Y reported he did not have us in sight. New york told air carrier Y that if they did not have us in sight they must return to 8000 ft. I was not able to pay attention to the reply from air carrier Y as our TCAS issued an RA (no TA first) with an instruction to climb at a minimum rate of 1300 FPM. The TCAS instructions were followed. The B747-400 passed 300-500 ft directly below us as we climbed to 9300 ft. When communication paused between air carrier Y and ZNY; the aircraft had already passed below us and I reported a TCAS climb at an altitude of 9300 ft now descending to 9000 ft. Center told us we could turn right if we needed to; but the event had ended by then.

Related reports:

Google
 

Original NASA ASRS Text

Title: A320 EXPERIENCES NMAC WITH B747-400 CLIMBING THROUGH ITS ALTITUDE BASED ON VISUAL SEPARATION.

Narrative: APPROX 10 NM E OF THE INTXN CAMRN ON A WESTERLY COURSE; ZNY ADVISED US OF OPPOSITE DIRECTION TFC IN OUR 11 O'CLOCK POS AT 8000 FT THAT WOULD BE CLBING TO 10000 FT. WE WERE LEVEL AT OUR ASSIGNED ALT OF 9000 FT. I ADVISED WE HAD A LIGHT IN SIGHT AT 11 O'CLOCK POS. THE B747-400 WAS CLRED TO CLB VISUALLY TO 10000 FT AND TO MAINTAIN VISUAL SEPARATION FROM US. WE COULD SEE THE PITCH CHANGE AS THE ACR Y STARTED ITS CLB. AT 6 MI SEPARATION; THE ACFT WAS 1500 FT BELOW AND CLBING. ZNY ISSUED A TFC POS CALL TO ACR Y; DESCRIBING OUR RELATIVE POS AND CONVERGING. ACR Y RPTED HE DID NOT HAVE US IN SIGHT. NEW YORK TOLD ACR Y THAT IF THEY DID NOT HAVE US IN SIGHT THEY MUST RETURN TO 8000 FT. I WAS NOT ABLE TO PAY ATTN TO THE REPLY FROM ACR Y AS OUR TCAS ISSUED AN RA (NO TA FIRST) WITH AN INSTRUCTION TO CLB AT A MINIMUM RATE OF 1300 FPM. THE TCAS INSTRUCTIONS WERE FOLLOWED. THE B747-400 PASSED 300-500 FT DIRECTLY BELOW US AS WE CLBED TO 9300 FT. WHEN COM PAUSED BTWN ACR Y AND ZNY; THE ACFT HAD ALREADY PASSED BELOW US AND I RPTED A TCAS CLB AT AN ALT OF 9300 FT NOW DSNDING TO 9000 FT. CTR TOLD US WE COULD TURN R IF WE NEEDED TO; BUT THE EVENT HAD ENDED BY THEN.

Data retrieved from NASA's ASRS site as of May 2009 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.