Operational error occurred between reporter's climbing B767ER and an air carrier B747 in level fligh...

Attributes
ACN	364086
Time
Date	199703
Day	Sat
Local Time Of Day	1801 To 2400
Place
Locale Reference	atc facility : mct
State Reference	FO
Altitude	msl bound lower : 34000 msl bound upper : 34000
Environment
Flight Conditions	Mixed
Light	Night
Aircraft 1
Controlling Facilities	artcc : oomm
Operator	common carrier : air carrier
Make Model Name	B767-300 and 300 ER
Operating Under FAR Part	Part 121
Navigation In Use	Other Other
Flight Phase	climbout : intermediate altitude
Flight Plan	IFR
Aircraft 2
Operator	common carrier : air carrier
Make Model Name	B747 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : atp pilot : instrument
Experience	flight time last 90 days : 175 flight time total : 7100 flight time type : 460
ASRS Report	364086
Person 2
Affiliation	company : air carrier
Function	other personnel other
Qualification	pilot : atp
Experience	flight time last 90 days : 180 flight time total : 20000 flight time type : 3000
ASRS Report	364208
Events
Anomaly	conflict : airborne less severe non adherence : published procedure non adherence : required legal separation
Independent Detector	other flight crewa
Resolutory Action	none taken : detected after the fact
Consequence	faa : investigated
Miss Distance	horizontal : 3000 vertical : 1000
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Upon checking in with muscat control we were asked if we could accept FL370 as FL330 (our current altitude) was unavailable over marob intersection (using the 3/4 high chart). The FMS indicated we could accept FL370, but it would be best to delay the climb a little if possible. We were 387 NM from marob. Muscat control cleared us to temporarily remain at FL330. We continued at FL330 until passing seeb (mct 114.5). Muscat switched us to 124.55. On 124.55 muscat control said 'air carrier X, climb to and maintain FL370.' PNF told muscat 'air carrier X leaving FL330 for FL370.' a 500-1000 FPM initial climb rate was established. No TA's were issued by muscat. On initial climb we were in a thin cirrus layer. Approaching FL340 an oncoming opposite direction aircraft above us turned on his bright white lights. We responded with our lights. The aircraft passed over and a little to the left of us as we reached FL340 in our climb, now clear of the clouds. There was no indication on TCASII. We passed through the aircraft's contrails at FL350 and continued our climb to FL370 as assigned. We queried muscat control about the potential conflict with the unknown aircraft at FL350. Muscat said there were no aircraft near our position at FL350 and that the closest aircraft was at FL310. We told muscat that we had definitely passed an aircraft that was at FL350. Very shortly thereafter muscat called and said they had just picked up an unknown aircraft at FL350 over mct. Muscat established that the aircraft's call sign was abc (air carrier Y). Abc verified they were flying at FL350. Muscat control informed abc that they had just passed air carrier Y in a required climb from FL330 to FL370. Muscat asked abc for their clearance and abc replied they had been cleared from over marob to mct at FL350. Muscat control said they would investigate the incident. Due to our position when we achieved visual contact, no evasive action was necessary. Had our climb rate been greater and if visual contact had not been possible, a potential hazard could have become very serious.

Original NASA ASRS Text

Title: OPERROR OCCURRED BTWN RPTR'S CLBING B767ER AND AN ACR B747 IN LEVEL FLT. CTR CTLR WAS UNAWARE OF THE B747 WHEN CLRNC WAS ISSUED FOR RPTR'S B767 TO CLB TO FL370 FROM FL330. ACFT PASSED WITH LTSS.

Narrative: UPON CHKING IN WITH MUSCAT CTL WE WERE ASKED IF WE COULD ACCEPT FL370 AS FL330 (OUR CURRENT ALT) WAS UNAVAILABLE OVER MAROB INTXN (USING THE 3/4 HIGH CHART). THE FMS INDICATED WE COULD ACCEPT FL370, BUT IT WOULD BE BEST TO DELAY THE CLB A LITTLE IF POSSIBLE. WE WERE 387 NM FROM MAROB. MUSCAT CTL CLRED US TO TEMPORARILY REMAIN AT FL330. WE CONTINUED AT FL330 UNTIL PASSING SEEB (MCT 114.5). MUSCAT SWITCHED US TO 124.55. ON 124.55 MUSCAT CTL SAID 'ACR X, CLB TO AND MAINTAIN FL370.' PNF TOLD MUSCAT 'ACR X LEAVING FL330 FOR FL370.' A 500-1000 FPM INITIAL CLB RATE WAS ESTABLISHED. NO TA'S WERE ISSUED BY MUSCAT. ON INITIAL CLB WE WERE IN A THIN CIRRUS LAYER. APCHING FL340 AN ONCOMING OPPOSITE DIRECTION ACFT ABOVE US TURNED ON HIS BRIGHT WHITE LIGHTS. WE RESPONDED WITH OUR LIGHTS. THE ACFT PASSED OVER AND A LITTLE TO THE L OF US AS WE REACHED FL340 IN OUR CLB, NOW CLR OF THE CLOUDS. THERE WAS NO INDICATION ON TCASII. WE PASSED THROUGH THE ACFT'S CONTRAILS AT FL350 AND CONTINUED OUR CLB TO FL370 AS ASSIGNED. WE QUERIED MUSCAT CTL ABOUT THE POTENTIAL CONFLICT WITH THE UNKNOWN ACFT AT FL350. MUSCAT SAID THERE WERE NO ACFT NEAR OUR POS AT FL350 AND THAT THE CLOSEST ACFT WAS AT FL310. WE TOLD MUSCAT THAT WE HAD DEFINITELY PASSED AN ACFT THAT WAS AT FL350. VERY SHORTLY THEREAFTER MUSCAT CALLED AND SAID THEY HAD JUST PICKED UP AN UNKNOWN ACFT AT FL350 OVER MCT. MUSCAT ESTABLISHED THAT THE ACFT'S CALL SIGN WAS ABC (ACR Y). ABC VERIFIED THEY WERE FLYING AT FL350. MUSCAT CTL INFORMED ABC THAT THEY HAD JUST PASSED ACR Y IN A REQUIRED CLB FROM FL330 TO FL370. MUSCAT ASKED ABC FOR THEIR CLRNC AND ABC REPLIED THEY HAD BEEN CLRED FROM OVER MAROB TO MCT AT FL350. MUSCAT CTL SAID THEY WOULD INVESTIGATE THE INCIDENT. DUE TO OUR POS WHEN WE ACHIEVED VISUAL CONTACT, NO EVASIVE ACTION WAS NECESSARY. HAD OUR CLB RATE BEEN GREATER AND IF VISUAL CONTACT HAD NOT BEEN POSSIBLE, A POTENTIAL HAZARD COULD HAVE BECOME VERY SERIOUS.

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.

Operational error occurred between reporter's climbing B767ER and an air carrier B747 in level flight. Center controller was unaware of the B747 when clearance was issued for reporter's B767 to climb to FL370 from FL330. Aircraft passed with less than standard separation.