D328 and B737 had near midair collision in N90 class B airspace.

Attributes
ACN	518049
Time
Date	200107
Day	Sat
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : lga.airport
State Reference	NY
Altitude	msl single value : 7000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : n90.tracon tower : zzz.tower
Operator	common carrier : air carrier
Make Model Name	Do 328 TP (Turboprop)
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	climbout : intermediate altitude
Route In Use	departure : on vectors
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 : intermediate altitude
Route In Use	departure : on vectors
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 200 flight time total : 7000 flight time type : 150
ASRS Report	518049
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	conflict : nmac non adherence : company policies non adherence : far non adherence : published procedure other anomaly other
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb
Resolutory Action	flight crew : took evasive action none taken : detected after the fact
Miss Distance	horizontal : 100 vertical : 300
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance Company
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

Departed lga, after switching to new york departure (120.40). We were instructed to 'turn left to 360 degrees and climb to 7000 ft.' approaching 7000 ft (between 6000-7000 ft),we received TA followed immediately by an RA which required me to adjust my rate of climb. Traffic was an air carrier Y B737 flight XXX, which appeared to be slightly higher and at our 2-3 O'clock position. At the same time, the B737 announced they were descending for an RA. This appeared to put the B737 in further conflict with our flight direction. I immediately executed a climbing left turn to add further separation between the aircraft. The B737 passed below and under our aircraft. The event lasted about 5 seconds and conditions at the time were VFR.

Original NASA ASRS Text

Title: D328 AND B737 HAD NMAC IN N90 CLASS B AIRSPACE.

Narrative: DEPARTED LGA, AFTER SWITCHING TO NEW YORK DEP (120.40). WE WERE INSTRUCTED TO 'TURN L TO 360 DEGS AND CLB TO 7000 FT.' APCHING 7000 FT (BTWN 6000-7000 FT),WE RECEIVED TA FOLLOWED IMMEDIATELY BY AN RA WHICH REQUIRED ME TO ADJUST MY RATE OF CLB. TFC WAS AN ACR Y B737 FLT XXX, WHICH APPEARED TO BE SLIGHTLY HIGHER AND AT OUR 2-3 O'CLOCK POS. AT THE SAME TIME, THE B737 ANNOUNCED THEY WERE DSNDING FOR AN RA. THIS APPEARED TO PUT THE B737 IN FURTHER CONFLICT WITH OUR FLT DIRECTION. I IMMEDIATELY EXECUTED A CLBING L TURN TO ADD FURTHER SEPARATION BTWN THE ACFT. THE B737 PASSED BELOW AND UNDER OUR ACFT. THE EVENT LASTED ABOUT 5 SECONDS AND CONDITIONS AT THE TIME WERE VFR.

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.