Narrative:

Air carrier X took off from san juan international climbing to FL310. Asked controller if he had traffic. Controller said no. Air carrier X reported leaving FL282 to controller. Controller saw an unidented target merge with air carrier X at FL290 unverified. Air carrier X then stated it was a foreign air carrier and 'it was so close I could read the tail numbers.' the controller turned this in to the supervisor and there was an investigation. The finding was there was not a loss of separation. 7110.65 non radar separation is 1000 ft below FL290 and 2000 ft above and 20 DME if and only if you are in direct communications with both aircraft. If no communications it is the appropriate vertical separation or 10 mins in domestic airspace. I do not know how based on a radar data extraction they (san juan cerap quality assurance) came up that there was not a loss of separation.

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Original NASA ASRS Text

Title: FOREIGN ACR POSSIBLE UNCOORDINATED/UNAUTH PENETRATION OF ADJACENT CTR AIRSPACE HAD CONFLICT WITH ACR X. POSSIBLE LTSS. NMAC.

Narrative: ACR X TOOK OFF FROM SAN JUAN INTL CLBING TO FL310. ASKED CTLR IF HE HAD TFC. CTLR SAID NO. ACR X RPTED LEAVING FL282 TO CTLR. CTLR SAW AN UNIDENTED TARGET MERGE WITH ACR X AT FL290 UNVERIFIED. ACR X THEN STATED IT WAS A FOREIGN ACR AND 'IT WAS SO CLOSE I COULD READ THE TAIL NUMBERS.' THE CTLR TURNED THIS IN TO THE SUPVR AND THERE WAS AN INVESTIGATION. THE FINDING WAS THERE WAS NOT A LOSS OF SEPARATION. 7110.65 NON RADAR SEPARATION IS 1000 FT BELOW FL290 AND 2000 FT ABOVE AND 20 DME IF AND ONLY IF YOU ARE IN DIRECT COMS WITH BOTH ACFT. IF NO COMS IT IS THE APPROPRIATE VERT SEPARATION OR 10 MINS IN DOMESTIC AIRSPACE. I DO NOT KNOW HOW BASED ON A RADAR DATA EXTRACTION THEY (SAN JUAN CERAP QUALITY ASSURANCE) CAME UP THAT THERE WAS NOT A LOSS OF SEPARATION.

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.