Captain of air carrier large transport aircraft deviated from assign 'STAR' procedure to take evasive action in response to observation of a TCASII RA aircraft opposite direction traffic.

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Attributes
ACN	220106
Time
Date	199209
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	atc facility : sbj airport : lga
State Reference	NJ
Altitude	msl bound lower : 9000 msl bound upper : 9000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	Large Transport, Low Wing, 3 Turbojet Eng
Flight Phase	cruise other cruise other
Route In Use	arrival other arrival star : star
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	cruise other
Flight Plan	VFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp pilot : flight engineer
Experience	flight time last 90 days : 120 flight time total : 12000 flight time type : 9000
ASRS Report	220106
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : flight engineer pilot : instrument pilot : commercial
Experience	flight time last 90 days : 190 flight time total : 5100 flight time type : 3000
ASRS Report	220227
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : clearance other anomaly other other spatial deviation
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera other flight crewa
Resolutory Action	controller : issued new clearance flight crew : took evasive action other
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 6000 vertical : 300
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

We were cleared to execute the milton 7 arrival to lga. Approaching empyr intersection at 9000 ft MSL, ATC advised us of traffic at about 11 O'clock at 8500 ft MSL. TCASII showed the target and then gave a TA. As I started to turn to intercept the 078 degree radial (we were on about 117 degree heading) the TCASII showed a 300 ft altitude separation and gave an RA warning to climb. At this point we saw the traffic and I decided not to leave my altitude, but to stop the left turn into the traffic and wait and pass behind it. I did not inform ATC that I was not turning. ATC gave us a left turn then, to fly up the hudson river. ATC informed me in a telephone conversation at lga that we went 10 mi beyond empyr intersection.

Original NASA ASRS Text

Title: CAPT OF ACR LGT ACFT DEVIATED FROM ASSIGN 'STAR' PROC TO TAKE EVASIVE ACTION IN RESPONSE TO OBSERVATION OF A TCASII RA ACFT OPPOSITE DIRECTION TFC.

Narrative: WE WERE CLRED TO EXECUTE THE MILTON 7 ARR TO LGA. APCHING EMPYR INTXN AT 9000 FT MSL, ATC ADVISED US OF TFC AT ABOUT 11 O'CLOCK AT 8500 FT MSL. TCASII SHOWED THE TARGET AND THEN GAVE A TA. AS I STARTED TO TURN TO INTERCEPT THE 078 DEG RADIAL (WE WERE ON ABOUT 117 DEG HDG) THE TCASII SHOWED A 300 FT ALT SEPARATION AND GAVE AN RA WARNING TO CLB. AT THIS POINT WE SAW THE TFC AND I DECIDED NOT TO LEAVE MY ALT, BUT TO STOP THE L TURN INTO THE TFC AND WAIT AND PASS BEHIND IT. I DID NOT INFORM ATC THAT I WAS NOT TURNING. ATC GAVE US A L TURN THEN, TO FLY UP THE HUDSON RIVER. ATC INFORMED ME IN A TELEPHONE CONVERSATION AT LGA THAT WE WENT 10 MI BEYOND EMPYR INTXN.

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.