Operational error less than standard separation operational deviation pilot deviation when commuter fails to climb from 5000 ft to 10000 ft and conflicted with another aircraft at 5700 ft. Flight had also entered 2 other sectors without coordination.

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Attributes
ACN	378674
Time
Date	199708
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : sbj airport : ewr
State Reference	NJ
Altitude	msl bound lower : 5000 msl bound upper : 5700
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude cruise other
Route In Use	departure other enroute : on vectors
Flight Plan	IFR
Aircraft 2
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Operating Under FAR Part	other : unknown
Flight Phase	descent other
Flight Plan	IFR
Person 1
Affiliation	government : faa
Function	controller : departure
Qualification	controller : radar
Experience	controller radar : 10
ASRS Report	378674
Person 2
Affiliation	government : faa
Function	controller : approach
Qualification	controller : radar
Events
Anomaly	conflict : airborne less severe non adherence : clearance non adherence : required legal separation non adherence : published procedure other anomaly other
Independent Detector	other controllera
Resolutory Action	controller : issued new clearance other
Consequence	Other
Miss Distance	horizontal : 12000 vertical : 700
Supplementary
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Deviation Operational Error Pilot Deviation

Narrative:

Was working ewr departure position, handoff and satellite departure combined. No handoff man due to short staffing. Aircraft #1 had departure runway 29 for eliot to iad. Climb to 5000 ft on initial for crossing traffic at 6000 ft. Within 5 mi of runway, was cleared to 10000 ft, pilot acknowledged. Position got busy with teb, mmu, and cdw all rolling departures as well as ewr off 2 runways. Had numerous traffic conflicts which was forcing me to step departures up and fan them out. I became aware that aircraft #1 had never climbed, and was now in the arrival corridor with traffic broadside to him descending to 5000 ft. I gave a turn away from traffic and a pointout. Other traffic was stopped at 5700 ft before separation was lost, although I had already deviated 2 other controllers' airspace.

Original NASA ASRS Text

Title: OPERROR LTSS OPDEV PLTDEV WHEN COMMUTER FAILS TO CLB FROM 5000 FT TO 10000 FT AND CONFLICTED WITH ANOTHER ACFT AT 5700 FT. FLT HAD ALSO ENTERED 2 OTHER SECTORS WITHOUT COORD.

Narrative: WAS WORKING EWR DEP POS, HDOF AND SATELLITE DEP COMBINED. NO HDOF MAN DUE TO SHORT STAFFING. ACFT #1 HAD DEP RWY 29 FOR ELIOT TO IAD. CLB TO 5000 FT ON INITIAL FOR XING TFC AT 6000 FT. WITHIN 5 MI OF RWY, WAS CLRED TO 10000 FT, PLT ACKNOWLEDGED. POS GOT BUSY WITH TEB, MMU, AND CDW ALL ROLLING DEPS AS WELL AS EWR OFF 2 RWYS. HAD NUMEROUS TFC CONFLICTS WHICH WAS FORCING ME TO STEP DEPS UP AND FAN THEM OUT. I BECAME AWARE THAT ACFT #1 HAD NEVER CLBED, AND WAS NOW IN THE ARR CORRIDOR WITH TFC BROADSIDE TO HIM DSNDING TO 5000 FT. I GAVE A TURN AWAY FROM TFC AND A POINTOUT. OTHER TFC WAS STOPPED AT 5700 FT BEFORE SEPARATION WAS LOST, ALTHOUGH I HAD ALREADY DEVIATED 2 OTHER CTLRS' AIRSPACE.

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.