B767 flight crew during climb out increased their turn and descended in response to TCASII RA and visual sighting of a B737 climbing right toward them at 11600 ft MSL. ATC had given the B767 visual separation since they had the B767 in sight.

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Attributes
ACN	484742
Time
Date	200009
Day	Thu
Local Time Of Day	0601 To 1200
Place
Locale Reference	navaid : rbv.vortac
State Reference	NJ
Altitude	msl single value : 11600
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon tower : ith.tower
Operator	common carrier : air carrier
Make Model Name	B767 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other vortac
Flight Phase	climbout : vacating altitude
Flight Plan	IFR
Aircraft 2
Controlling Facilities	tracon : n90.tracon
Operator	common carrier : air carrier
Make Model Name	B737 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	climbout : vacating altitude
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	484742
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument pilot : multi engine
Events
Anomaly	conflict : nmac other anomaly other
Independent Detector	aircraft equipment : tcas other flight crewa
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 0 vertical : 300
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	other

Narrative:

Location: northeast of rbv VOR. As we climbed through about 11300 ft, my attention was directed to our TCASII by a traffic alert. Within a very few seconds the alert became an RA as an air carrier Y B737 was climbing right at us less than 2 mi away. I responded to the TCASII and initiated a descent to avoid a collision with the other aircraft. I informed ATC of what we were doing and he told us not to descend but to climb. I again said we were descending as directed by the RA. The air carrier Y jet passed directly overhead of us with about 200-300 ft vertical separation. Upon arrival in lax, I contacted new york TRACON and was told that they had studied the tapes and that since the air carrier Y jet crew had said that they had us in sight, then visual separation rules apply and there was, in their opinion, no near miss. I beg to differ. This was indeed an near midair collision.

Original NASA ASRS Text

Title: B767 FLC DURING CLBOUT INCREASED THEIR TURN AND DSNDED IN RESPONSE TO TCASII RA AND VISUAL SIGHTING OF A B737 CLBING RIGHT TOWARD THEM AT 11600 FT MSL. ATC HAD GIVEN THE B767 VISUAL SEPARATION SINCE THEY HAD THE B767 IN SIGHT.

Narrative: LOCATION: NE OF RBV VOR. AS WE CLBED THROUGH ABOUT 11300 FT, MY ATTN WAS DIRECTED TO OUR TCASII BY A TFC ALERT. WITHIN A VERY FEW SECONDS THE ALERT BECAME AN RA AS AN ACR Y B737 WAS CLBING RIGHT AT US LESS THAN 2 MI AWAY. I RESPONDED TO THE TCASII AND INITIATED A DSCNT TO AVOID A COLLISION WITH THE OTHER ACFT. I INFORMED ATC OF WHAT WE WERE DOING AND HE TOLD US NOT TO DSND BUT TO CLB. I AGAIN SAID WE WERE DSNDING AS DIRECTED BY THE RA. THE ACR Y JET PASSED DIRECTLY OVERHEAD OF US WITH ABOUT 200-300 FT VERT SEPARATION. UPON ARR IN LAX, I CONTACTED NEW YORK TRACON AND WAS TOLD THAT THEY HAD STUDIED THE TAPES AND THAT SINCE THE ACR Y JET CREW HAD SAID THAT THEY HAD US IN SIGHT, THEN VISUAL SEPARATION RULES APPLY AND THERE WAS, IN THEIR OPINION, NO NEAR MISS. I BEG TO DIFFER. THIS WAS INDEED AN NMAC.

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.