Narrative:

Climbing out of ewr en route to fll, on the ewr 6 departure, approaching white intersection, climbing through approximately 11000 ft, cleared to 17000 ft, on course. ATC called out traffic, commuter (a saab 340) 10 O'clock, 8 mi, VFR, level 14500 ft. We responded in sight. Aircraft was just visible because of the distance. The commuter aircraft was given our clock position and called us in sight. We could not clearly tell the commuter's course relative to ours at this point. We were never told to maintain visual separation because of a potential conflict. But seconds later, it became clear we were converging. We leveled at 14000 ft, but still cleared to 17000 ft. TCASII alert just as we leveled at 14000 ft and just prior to the other aircraft passing overhead. Controller said, 'air carrier X, recommend your level at 14000 ft.' commuter aircraft began a climb based on TCASII advisory. Controller calmly cleared us to the next en route frequency (SOP?). It seemed that the controller felt he was not responsible for separation. Callback conversation with reporter revealed the following information: the B757 reporter said he felt that the controller should have issued traffic sooner. Although the controller recommended they level at 14000 ft, they had already spotted the saab 340 and were leveling at 14000 ft. He said it was a late call. Asked if they were on approach or center frequency, the reporter thought he was on center frequency. He believes they would have passed dangerously close if they had not seen the saab 340 when they did.

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Original NASA ASRS Text

Title: B757 CREW DEP EWR CLBING TO 17000 FT AND PASSING THROUGH 11000 FT WERE ISSUED VFR TFC, A SAAB 340 AT 14500 FT. ACR CREW SAW THE SAAB AND THE SAAB SAW THE ACR.

Narrative: CLBING OUT OF EWR ENRTE TO FLL, ON THE EWR 6 DEP, APCHING WHITE INTXN, CLBING THROUGH APPROX 11000 FT, CLRED TO 17000 FT, ON COURSE. ATC CALLED OUT TFC, COMMUTER (A SAAB 340) 10 O'CLOCK, 8 MI, VFR, LEVEL 14500 FT. WE RESPONDED IN SIGHT. ACFT WAS JUST VISIBLE BECAUSE OF THE DISTANCE. THE COMMUTER ACFT WAS GIVEN OUR CLOCK POS AND CALLED US IN SIGHT. WE COULD NOT CLRLY TELL THE COMMUTER'S COURSE RELATIVE TO OURS AT THIS POINT. WE WERE NEVER TOLD TO MAINTAIN VISUAL SEPARATION BECAUSE OF A POTENTIAL CONFLICT. BUT SECONDS LATER, IT BECAME CLR WE WERE CONVERGING. WE LEVELED AT 14000 FT, BUT STILL CLRED TO 17000 FT. TCASII ALERT JUST AS WE LEVELED AT 14000 FT AND JUST PRIOR TO THE OTHER ACFT PASSING OVERHEAD. CTLR SAID, 'ACR X, RECOMMEND YOUR LEVEL AT 14000 FT.' COMMUTER ACFT BEGAN A CLB BASED ON TCASII ADVISORY. CTLR CALMLY CLRED US TO THE NEXT ENRTE FREQ (SOP?). IT SEEMED THAT THE CTLR FELT HE WAS NOT RESPONSIBLE FOR SEPARATION. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: THE B757 RPTR SAID HE FELT THAT THE CTLR SHOULD HAVE ISSUED TFC SOONER. ALTHOUGH THE CTLR RECOMMENDED THEY LEVEL AT 14000 FT, THEY HAD ALREADY SPOTTED THE SAAB 340 AND WERE LEVELING AT 14000 FT. HE SAID IT WAS A LATE CALL. ASKED IF THEY WERE ON APCH OR CTR FREQ, THE RPTR THOUGHT HE WAS ON CTR FREQ. HE BELIEVES THEY WOULD HAVE PASSED DANGEROUSLY CLOSE IF THEY HAD NOT SEEN THE SAAB 340 WHEN THEY DID.

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.