Narrative:

After departing cancun and working with merida center; we had a clearance to climb to FL360. The airplane was climbing rapidly (1300 FPM). Out of FL347; I noticed directly in the center of the TCAS display a target showing +11. I looked out the window straight up into the sun and saw the bottom of a cpr jet type. I pressed vertical speed down 200 FPM and rounded the climb just 800 ft below the cpr jet. The TCAS now sounded an advisory TA. I leveled at FL350 and queried ATC. Merida center stated the jet above was climbing to FL370. ATC sounded unconcerned and may not have been aware that the cpr jet slow rate of climb to FL370 and my rapid rate of climb to FL360 caused a loss of separation.

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Original NASA ASRS Text

Title: CLIMBING RAPIDLY TO FL360; B757-200 OVERTAKES SAME DIRECTION BUSINESS JET CLIMBING TO FL370 AT A MUCH SLOWER RATE OF CLIMB. TCAS AVERTS CLOSER ENCOUNTER.

Narrative: AFTER DEPARTING CANCUN AND WORKING WITH MERIDA CTR; WE HAD A CLRNC TO CLB TO FL360. THE AIRPLANE WAS CLBING RAPIDLY (1300 FPM). OUT OF FL347; I NOTICED DIRECTLY IN THE CTR OF THE TCAS DISPLAY A TARGET SHOWING +11. I LOOKED OUT THE WINDOW STRAIGHT UP INTO THE SUN AND SAW THE BOTTOM OF A CPR JET TYPE. I PRESSED VERT SPD DOWN 200 FPM AND ROUNDED THE CLB JUST 800 FT BELOW THE CPR JET. THE TCAS NOW SOUNDED AN ADVISORY TA. I LEVELED AT FL350 AND QUERIED ATC. MERIDA CTR STATED THE JET ABOVE WAS CLBING TO FL370. ATC SOUNDED UNCONCERNED AND MAY NOT HAVE BEEN AWARE THAT THE CPR JET SLOW RATE OF CLB TO FL370 AND MY RAPID RATE OF CLB TO FL360 CAUSED A LOSS OF SEPARATION.

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.