C812 initiates evasive action to miss a B737 midfield on missed approach at sjc.

Attributes
ACN	515119
Time
Date	200106
Day	Fri
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : sjc.airport
State Reference	CA
Altitude	msl bound lower : 1700 msl bound upper : 2000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tower : sjc.tower
Operator	general aviation : personal
Make Model Name	Skylane 182/RG Turbo Skylane/RG
Operating Under FAR Part	Part 91
Flight Phase	descent : vacating altitude
Route In Use	arrival : on vectors
Flight Plan	VFR
Aircraft 2
Controlling Facilities	tower : sjc.tower
Operator	common carrier : air carrier
Make Model Name	B737 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	landing : go around
Flight Plan	IFR
Person 1
Affiliation	other
Function	flight crew : single pilot
Qualification	pilot : instrument pilot : private
Experience	flight time last 90 days : 46 flight time total : 894 flight time type : 375
ASRS Report	515119
Person 2
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : nmac non adherence : required legal separation non adherence : published procedure
Independent Detector	other flight crewa
Resolutory Action	flight crew : took evasive action
Miss Distance	horizontal : 100 vertical : 200
Supplementary
Problem Areas	ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Intra Facility Coordination Failure Operational Error

Narrative:

I was inbound to sjc from the VFR fix 'suites' cleared cross midfield at 2000 ft. I heard B737 report that it was going around. Tower cleared B737 to fly left of the runway. I looked left to locate the B737 and saw it was at 2000 ft and we were on a collision course. I advised the tower there was a problem. No response from the tower. I exercised my PIC authority/authorized and deviated from my clearance, turned left and dove under the B737. Contributing factors: it must be a rare event that an airliner goes around on a VFR day and an inbound plane is midfield at the same time. My guess is that this has not occurred before. I doubt that there is a procedure in place to handle this situation. Corrective actions: tower controllers need a procedure to handle this situation. What action they will take should have been thought out before the situation occurs. For example, when the B737 went missed, I could have been assigned a left 360 degree or left 180 degree and return to the suites and hold. A traffic alert clearance with emergency left turn and descent clearance -- this was the action that I took.

Original NASA ASRS Text

Title: C812 INITIATES EVASIVE ACTION TO MISS A B737 MIDFIELD ON MISSED APCH AT SJC.

Narrative: I WAS INBOUND TO SJC FROM THE VFR FIX 'SUITES' CLRED CROSS MIDFIELD AT 2000 FT. I HEARD B737 RPT THAT IT WAS GOING AROUND. TWR CLRED B737 TO FLY L OF THE RWY. I LOOKED L TO LOCATE THE B737 AND SAW IT WAS AT 2000 FT AND WE WERE ON A COLLISION COURSE. I ADVISED THE TWR THERE WAS A PROB. NO RESPONSE FROM THE TWR. I EXERCISED MY PIC AUTH AND DEVIATED FROM MY CLRNC, TURNED L AND DOVE UNDER THE B737. CONTRIBUTING FACTORS: IT MUST BE A RARE EVENT THAT AN AIRLINER GOES AROUND ON A VFR DAY AND AN INBOUND PLANE IS MIDFIELD AT THE SAME TIME. MY GUESS IS THAT THIS HAS NOT OCCURRED BEFORE. I DOUBT THAT THERE IS A PROC IN PLACE TO HANDLE THIS SIT. CORRECTIVE ACTIONS: TWR CTLRS NEED A PROC TO HANDLE THIS SIT. WHAT ACTION THEY WILL TAKE SHOULD HAVE BEEN THOUGHT OUT BEFORE THE SIT OCCURS. FOR EXAMPLE, WHEN THE B737 WENT MISSED, I COULD HAVE BEEN ASSIGNED A L 360 DEG OR L 180 DEG AND RETURN TO THE SUITES AND HOLD. A TFC ALERT CLRNC WITH EMER L TURN AND DSCNT CLRNC -- THIS WAS THE ACTION THAT I TOOK.

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.