Narrative:

ZNY (128.3) cleared us (aircraft #1) to 16000 ft, after crossing 35 NM northeast of 'manta' intersection at FL200, on a direct course to 'manta.' (aircraft #2), a falcon jet, was given our aircraft #1 as traffic and received a climb clearance from (128.3 nyc) through our altitude. After responding he (aircraft #2) had our aircraft (#1) in sight. We began searching TCASII and visually acquiring TCASII target rapidly approaching our aircraft (#1) from 12 O'clock position, within 10 NM. TCASII target rapidly changed to 'amber' as he leveled off slightly at our assigned altitude of 16000 ft. TCASII 'amber' target rapidly changed to 'red,' with an 'RA,' calling for 'climb, climb.' as autoplt was disconnected and nose raised to respond to TCASII RA, other cockpit crew visually acquired military falcon jet (aircraft #2) at our altitude at 1-2 O'clock position, as he banked sharply to his left, about 30-45 degree bank. He passed us to right side, about 16200 ft, within 2 NM, or less. ZNY kept asking military falcon jet (aircraft #2) if he had us visually. Passenger in back, right side, communicated to first officer, 'that military falcon passed pretty close!' our altitude deviation was not more than 200 ft.

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Original NASA ASRS Text

Title: POTENTIAL CONFLICT BTWN A DSNDING A330-300B CARGO FLT AND A MIL FALCON JET ON A VISUAL SEPARATION CLB THROUGH OCCUPIED ALT AT 16000 FT, 35 MI NE OF MANTA INTXN, NJ.

Narrative: ZNY (128.3) CLRED US (ACFT #1) TO 16000 FT, AFTER XING 35 NM NE OF 'MANTA' INTXN AT FL200, ON A DIRECT COURSE TO 'MANTA.' (ACFT #2), A FALCON JET, WAS GIVEN OUR ACFT #1 AS TFC AND RECEIVED A CLB CLRNC FROM (128.3 NYC) THROUGH OUR ALT. AFTER RESPONDING HE (ACFT #2) HAD OUR ACFT (#1) IN SIGHT. WE BEGAN SEARCHING TCASII AND VISUALLY ACQUIRING TCASII TARGET RAPIDLY APCHING OUR ACFT (#1) FROM 12 O'CLOCK POS, WITHIN 10 NM. TCASII TARGET RAPIDLY CHANGED TO 'AMBER' AS HE LEVELED OFF SLIGHTLY AT OUR ASSIGNED ALT OF 16000 FT. TCASII 'AMBER' TARGET RAPIDLY CHANGED TO 'RED,' WITH AN 'RA,' CALLING FOR 'CLB, CLB.' AS AUTOPLT WAS DISCONNECTED AND NOSE RAISED TO RESPOND TO TCASII RA, OTHER COCKPIT CREW VISUALLY ACQUIRED MIL FALCON JET (ACFT #2) AT OUR ALT AT 1-2 O'CLOCK POS, AS HE BANKED SHARPLY TO HIS L, ABOUT 30-45 DEG BANK. HE PASSED US TO R SIDE, ABOUT 16200 FT, WITHIN 2 NM, OR LESS. ZNY KEPT ASKING MIL FALCON JET (ACFT #2) IF HE HAD US VISUALLY. PAX IN BACK, R SIDE, COMMUNICATED TO FO, 'THAT MIL FALCON PASSED PRETTY CLOSE!' OUR ALTDEV WAS NOT MORE THAN 200 FT.

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.