Narrative:

An large transport airliner took evasive action for an fgt operating VFR in offshore airspace.the fgt was receiving flight following. The large transport, a scheduled air carrier, was IFR at FL350. A situation developed that the fgt aircraft was sbound out of FL340 climbing head-on in conflict with the northbound large transport. Traffic was called to both pilots. The fgt pilot was asked to stay at FL340. The pilot of the large transport reacted to a TCASII pullup and climbed rapidly and turned right. The pilot of the large transport then said he saw the fgt go by. The pilot of the fgt never said he saw the large transport. As a result of this incident, a passenger on the large transport suffered a compound fracture of the ankle. The radar sector I was controling was very busy and the traffic was complex. The factors that allowed this situation to develop are as follows: VFR aircraft operating in the high altitude environment. The pilot of the VFR fgt not abiding by the controller's previous suggestion to maintain an altitude above FL370. ICAO regulations and other procedures which permit NASA aircraft to operate VFR above FL200 in offshore airspace. Supplemental information from acn 235860: I had filed a VFR flight plan, took off from ellington at PM30L, and proceeded to our functional check flight (fcf) work area. Having completed the high altitude engine checks, I began a descent while initiating the maximum performance maneuvers for the fcf. While in a low airspeed mode, the controller called out traffic at FL350 and requested that I climb to above FL350 quickly. Applied maximum power, but due to my low energy state, was unable to rapidly respond to his request. Seeing that I was climbing slower than desired, he asked me to level at FL340. I quickly descended back to FL340, and shortly afterward the commercial aircraft reported that they had gotten a pull-up command from the TCASII, and they had responded to it. I never established visual contact with the other aircraft.

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Original NASA ASRS Text

Title: FLC OF ACR LGT ACFT TOOK EVASIVE ACTION IN RESPONSE TO A TCASII RA RESULTING IN PAX INJURY.

Narrative: AN LGT AIRLINER TOOK EVASIVE ACTION FOR AN FGT OPERATING VFR IN OFFSHORE AIRSPACE.THE FGT WAS RECEIVING FLT FOLLOWING. THE LGT, A SCHEDULED ACR, WAS IFR AT FL350. A SIT DEVELOPED THAT THE FGT ACFT WAS SBOUND OUT OF FL340 CLBING HEAD-ON IN CONFLICT WITH THE NBOUND LGT. TFC WAS CALLED TO BOTH PLTS. THE FGT PLT WAS ASKED TO STAY AT FL340. THE PLT OF THE LGT REACTED TO A TCASII PULLUP AND CLBED RAPIDLY AND TURNED R. THE PLT OF THE LGT THEN SAID HE SAW THE FGT GO BY. THE PLT OF THE FGT NEVER SAID HE SAW THE LGT. AS A RESULT OF THIS INCIDENT, A PAX ON THE LGT SUFFERED A COMPOUND FRACTURE OF THE ANKLE. THE RADAR SECTOR I WAS CTLING WAS VERY BUSY AND THE TFC WAS COMPLEX. THE FACTORS THAT ALLOWED THIS SIT TO DEVELOP ARE AS FOLLOWS: VFR ACFT OPERATING IN THE HIGH ALT ENVIRONMENT. THE PLT OF THE VFR FGT NOT ABIDING BY THE CTLR'S PREVIOUS SUGGESTION TO MAINTAIN AN ALT ABOVE FL370. ICAO REGS AND OTHER PROCS WHICH PERMIT NASA ACFT TO OPERATE VFR ABOVE FL200 IN OFFSHORE AIRSPACE. SUPPLEMENTAL INFO FROM ACN 235860: I HAD FILED A VFR FLT PLAN, TOOK OFF FROM ELLINGTON AT PM30L, AND PROCEEDED TO OUR FUNCTIONAL CHK FLT (FCF) WORK AREA. HAVING COMPLETED THE HIGH ALT ENG CHKS, I BEGAN A DSCNT WHILE INITIATING THE MAX PERFORMANCE MANEUVERS FOR THE FCF. WHILE IN A LOW AIRSPD MODE, THE CTLR CALLED OUT TFC AT FL350 AND REQUESTED THAT I CLB TO ABOVE FL350 QUICKLY. APPLIED MAX PWR, BUT DUE TO MY LOW ENERGY STATE, WAS UNABLE TO RAPIDLY RESPOND TO HIS REQUEST. SEEING THAT I WAS CLBING SLOWER THAN DESIRED, HE ASKED ME TO LEVEL AT FL340. I QUICKLY DSNDED BACK TO FL340, AND SHORTLY AFTERWARD THE COMMERCIAL ACFT RPTED THAT THEY HAD GOTTEN A PULL-UP COMMAND FROM THE TCASII, AND THEY HAD RESPONDED TO IT. I NEVER ESTABLISHED VISUAL CONTACT WITH THE OTHER ACFT.

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.