Narrative:

Departing mia on the WINCO1 RNAV departure; we were 15 miles east of borle intersection and cleared to climb to 16;000 ft. As we were approaching 14;000 ft; departure control called out traffic at our 11 o'clock position and xx miles (don't remember distance but it was close to us) at 16;000 ft. I called him back to query the altitude of the traffic; he's at 16;000 ft? ATC said yes; he's VFR...passing 14;500 ft I told him we wanted a different altitude to level off below the traffic. We got a TCAS TA calling out the VFR aircraft. ATC cleared us to level off at 15;000 ft; (all of this happened very quickly as we had been climbing out at approximately 2000 ft per minute). As we leveled off at 15;000 ft we both picked up the aircraft coming out of the glare from the sun at 11 o'clock and closing rapidly with us left to right. It looked like a light twin business jet (later ATC told us it was a falcon 900); and it passed directly overhead of us at 16;000 ft. I told ATC that was very close; and that we were going to file a report. Even though we ultimately were separated by 1000 ft; had things transpired as cleared; it could have been much different. All of this happened very quickly. Mia departure control was quite busy with multiple aircraft on the frequency. Understanding that call outs of VFR traffic by ATC is on a workload permitting basis; we are very grateful that we had the extra seconds to make a decision before a midair collision or evasive action became necessary to avoid this VFR aircraft. Although the TCAS TA advisory initiated; acquiring the aircraft was very difficult due to sun angle and glare from clouds. Had the TA turned into an RA; it would have been; in my opinion a very aggressive transition to avoid the traffic (possibly causing injury to flight attendants in the main cabin). We were only a few links away in the 'chain of safety' from a midair collision. Not sure why a falcon 900 was transiting and IFR departure corridor off of several busy major airports; and why it was level at 16;000 ft VFR.

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Original NASA ASRS Text

Title: Air Carrier departure from MIA experienced TCAS TA that developed into a conflict with a VFR overflight. Reporter questions ATC's approval of the VFR transition aircraft and the spacing judgment utilized.

Narrative: Departing MIA on the WINCO1 RNAV Departure; we were 15 miles East of BORLE Intersection and cleared to climb to 16;000 FT. As we were approaching 14;000 FT; Departure Control called out traffic at our 11 o'clock position and XX miles (don't remember distance but it was close to us) at 16;000 FT. I called him back to query the altitude of the traffic; he's at 16;000 FT? ATC said Yes; he's VFR...passing 14;500 FT I told him we wanted a different altitude to level off below the traffic. We got a TCAS TA calling out the VFR aircraft. ATC cleared us to level off at 15;000 FT; (all of this happened very quickly as we had been climbing out at approximately 2000 FT per minute). As we leveled off at 15;000 FT we both picked up the aircraft coming out of the glare from the sun at 11 o'clock and closing rapidly with us L to R. It looked like a light twin business jet (later ATC told us it was a Falcon 900); and it passed directly overhead of us at 16;000 FT. I told ATC that was very close; and that we were going to file a report. Even though we ultimately were separated by 1000 FT; had things transpired as cleared; it could have been much different. all of this happened very quickly. MIA Departure Control was quite busy with multiple aircraft on the frequency. Understanding that call outs of VFR traffic by ATC is on a workload permitting basis; we are very grateful that we had the extra seconds to make a decision before a midair collision or evasive action became necessary to avoid this VFR aircraft. Although the TCAS TA advisory initiated; acquiring the aircraft was very difficult due to sun angle and glare from clouds. Had the TA turned into an RA; it would have been; in my opinion a very aggressive transition to avoid the traffic (possibly causing injury to flight attendants in the main cabin). We were only a few links away in the 'chain of safety' from a midair collision. Not sure why a Falcon 900 was transiting and IFR Departure Corridor off of several busy major airports; and why it was level at 16;000 FT VFR.

Data retrieved from NASA's ASRS site as of April 2012 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.