B737-700 and ATR72 had an near midair collision in tjsj class C airspace.

Attributes
ACN	534430
Time
Date	200201
Day	Tue
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : stt.airport
State Reference	PR
Altitude	msl single value : 3000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zsu.artcc
Operator	common carrier : air carrier
Make Model Name	B737-700
Operating Under FAR Part	Part 121
Flight Phase	climbout : intermediate altitude
Route In Use	departure sid : palco 5
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zsu.artcc
Operator	common carrier : air carrier
Make Model Name	ATR 72
Operating Under FAR Part	Part 121
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
Experience	flight time last 90 days : 120 flight time total : 10000 flight time type : 800
ASRS Report	534430
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	conflict : airborne critical conflict : nmac non adherence : far non adherence : published procedure other anomaly other 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
Consequence	faa : reviewed incident with flight crew
Supplementary
Problem Areas	ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error Inter Facility Coordination Failure

Narrative:

Less than standard separation between 2 IFR aircraft. Due to aircraft, runway 28 was required for weight (full load). On departure, runway 28/10 was active. Assigned 250 degree heading by tower. After established on 250 degree heading, told to join palco 5, contact center. Radar contact by sju. Aircraft #2 was in TCASII threat area descending to 2800 ft. We were at 3000 ft, took action to avoid hitting ATR72 by turning back to the 250 degree heading. When clear, turned back to palco. ATR given turn by sju. First officer saw bottom of ATR in hard left turn. I asked the controller what type of separation he was using. 'None' was his answer -- 'I left it up to the tower.'

Original NASA ASRS Text

Title: B737-700 AND ATR72 HAD AN NMAC IN TJSJ CLASS C AIRSPACE.

Narrative: LTSS BTWN 2 IFR ACFT. DUE TO ACFT, RWY 28 WAS REQUIRED FOR WT (FULL LOAD). ON DEP, RWY 28/10 WAS ACTIVE. ASSIGNED 250 DEG HDG BY TWR. AFTER ESTABLISHED ON 250 DEG HDG, TOLD TO JOIN PALCO 5, CONTACT CTR. RADAR CONTACT BY SJU. ACFT #2 WAS IN TCASII THREAT AREA DSNDING TO 2800 FT. WE WERE AT 3000 FT, TOOK ACTION TO AVOID HITTING ATR72 BY TURNING BACK TO THE 250 DEG HDG. WHEN CLR, TURNED BACK TO PALCO. ATR GIVEN TURN BY SJU. FO SAW BOTTOM OF ATR IN HARD L TURN. I ASKED THE CTLR WHAT TYPE OF SEPARATION HE WAS USING. 'NONE' WAS HIS ANSWER -- 'I LEFT IT UP TO THE TWR.'

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.