B767 flight crew respond to TCASII RA and descend due to an overhead B777, overtaking the B767, after czqx issues a clearance which conflicts with the B777.

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Attributes
ACN	518395
Time
Date	200107
Day	Mon
Place
Locale Reference	intersection : valie
State Reference	FO
Altitude	msl bound lower : 34000 msl bound upper : 35000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : czqx.artcc
Operator	common carrier : air carrier
Make Model Name	B767 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	cruise : enroute altitude change
Route In Use	enroute : atlantic enroute other
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : czqx.artcc
Operator	common carrier : air carrier
Make Model Name	B777 Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Navigation In Use	other
Flight Phase	cruise : level
Route In Use	enroute : atlantic enroute other
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : multi engine pilot : atp pilot : commercial pilot : flight engineer pilot : instrument
Experience	flight time last 90 days : 240 flight time total : 16000
ASRS Report	518395
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	conflict : airborne critical non adherence : required legal separation non adherence : published procedure
Independent Detector	aircraft equipment : tcas other flight crewa
Resolutory Action	controller : issued advisory controller : issued new clearance flight crew : returned to original clearance flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 300 vertical : 1000
Supplementary
Problem Areas	ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

We were wbound on nat-D and exiting between sorod and valie fixes, when gander center asked the altitude we anted to climb to. Requested FL350, then center cleared us to climb from FL330 to FL350. We initiated, left FL330. At FL340, TCASII warned of conflict. We leveled off at FL340, advised center of our RA. Center said to remain at FL340. A B777 passed overhead at FL350 in the same direction. B777 then told center that 'we are directly overhead B767 at FL350.' I believe that the situation could have been avoided if 1) center hadn't cleared us to climb to same altitude of conflicting aircraft (situational awareness), 2) conflicting aircraft could have advised us that they were approaching from above and behind at a faster mach number, 3) both aircraft were radar idented at scrod (fix), so both aircraft were known to controller as to flight level and position.

Original NASA ASRS Text

Title: B767 FLC RESPOND TO TCASII RA AND DSND DUE TO AN OVERHEAD B777, OVERTAKING THE B767, AFTER CZQX ISSUES A CLRNC WHICH CONFLICTS WITH THE B777.

Narrative: WE WERE WBOUND ON NAT-D AND EXITING BTWN SOROD AND VALIE FIXES, WHEN GANDER CTR ASKED THE ALT WE ANTED TO CLB TO. REQUESTED FL350, THEN CTR CLRED US TO CLB FROM FL330 TO FL350. WE INITIATED, LEFT FL330. AT FL340, TCASII WARNED OF CONFLICT. WE LEVELED OFF AT FL340, ADVISED CTR OF OUR RA. CTR SAID TO REMAIN AT FL340. A B777 PASSED OVERHEAD AT FL350 IN THE SAME DIRECTION. B777 THEN TOLD CTR THAT 'WE ARE DIRECTLY OVERHEAD B767 AT FL350.' I BELIEVE THAT THE SIT COULD HAVE BEEN AVOIDED IF 1) CTR HADN'T CLRED US TO CLB TO SAME ALT OF CONFLICTING ACFT (SITUATIONAL AWARENESS), 2) CONFLICTING ACFT COULD HAVE ADVISED US THAT THEY WERE APCHING FROM ABOVE AND BEHIND AT A FASTER MACH NUMBER, 3) BOTH ACFT WERE RADAR IDENTED AT SCROD (FIX), SO BOTH ACFT WERE KNOWN TO CTLR AS TO FLT LEVEL AND POS.

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.