Commuter takes evasive action as medium large transport descends through his altitude.

Attributes
ACN	290872
Time
Date	199412
Day	Wed
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : jan
State Reference	MS
Altitude	msl bound lower : 10000 msl bound upper : 12000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : mem
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Route In Use	enroute : direct enroute airway : jan
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	MD-80 Series (DC-9-80) Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	descent other
Route In Use	enroute : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 250 flight time total : 22000 flight time type : 7500
ASRS Report	290872
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : atp pilot : instrument
Events
Anomaly	non adherence : published procedure non adherence : required legal separation
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 3000
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Cleared jan direct mei, climbing to FL230 eastbound, ATC cleared air carrier Y, mei direct jan radar vectors. I saw MD88 at '12' O'clock approximately 2 mi ahead and descending toward our altitude. I stopped climbing and initiated an evasive right turn. The md-88 passed within 1/2 mi off our left and through our altitude. When questioned, the controller claimed he had 3 mi but subsequent investigation by jan tower chief revealed less than standard separation existed. The controller evidently lost track of either our track or air carrier Y and filed to provide separation. I had less than 5 1/2 hours of sleep the night before and this was the last leg of the day. Had I been more alert, I probably would have caught the situation before it became a conflict.

Original NASA ASRS Text

Title: COMMUTER TAKES EVASIVE ACTION AS MLG DSNDS THROUGH HIS ALT.

Narrative: CLRED JAN DIRECT MEI, CLBING TO FL230 EBOUND, ATC CLRED ACR Y, MEI DIRECT JAN RADAR VECTORS. I SAW MD88 AT '12' O'CLOCK APPROX 2 MI AHEAD AND DSNDING TOWARD OUR ALT. I STOPPED CLBING AND INITIATED AN EVASIVE R TURN. THE MD-88 PASSED WITHIN 1/2 MI OFF OUR L AND THROUGH OUR ALT. WHEN QUESTIONED, THE CTLR CLAIMED HE HAD 3 MI BUT SUBSEQUENT INVESTIGATION BY JAN TWR CHIEF REVEALED LTSS EXISTED. THE CTLR EVIDENTLY LOST TRACK OF EITHER OUR TRACK OR ACR Y AND FILED TO PROVIDE SEPARATION. I HAD LESS THAN 5 1/2 HRS OF SLEEP THE NIGHT BEFORE AND THIS WAS THE LAST LEG OF THE DAY. HAD I BEEN MORE ALERT, I PROBABLY WOULD HAVE CAUGHT THE SIT BEFORE IT BECAME A CONFLICT.

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.