MD80 flight crew experienced near miss with ZNY during descent.

Attributes
ACN	606688
Time
Date	200402
Day	Sun
Local Time Of Day	1201 To 1800
Place
Locale Reference	intersection : beuty
State Reference	NJ
Altitude	msl bound lower : 11000 msl bound upper : 13000
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny.artcc
Operator	common carrier : air carrier
Make Model Name	MD-80 Series (DC-9-80) Undifferentiated or Other Model
Operating Under FAR Part	Part 121
Flight Phase	descent : intermediate altitude descent : approach
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zny.artcc
Make Model Name	Any Unknown or Unlisted Aircraft Manufacturer
Flight Phase	cruise : level
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
ASRS Report	606688
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Events
Anomaly	conflict : airborne less severe non adherence : required legal separation non adherence : published procedure
Independent Detector	aircraft equipment : tcas other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 6000 vertical : 500
Supplementary
Problem Areas	Flight Crew Human Performance ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

At 13000 ft, received clearance to cross beuty at 10000 ft as follows: 'cross beuty at 10000 ft, traffic descending through your altitude at 5 mi. I need for you to beat him down.' I set 1500 FPM and started looking for the traffic. A target appeared at 11 O'clock position, co-altitude, 2 mi. Noticing the TCASII target had leveled, I started a climb, immediately followed by an RA directing a climb. The first officer transmitted we were complying with an RA. The target passed approximately 500 ft, less than 1 mi at 1 O'clock position. When I mentioned the near miss to the controller, he said that he had been trying to call the other plane and had gotten no answer and that for some reason, the other plane had leveled off. I responded that we had just had a near miss and that was unacceptable and a simple vector off course would have solved the problem. This happened on a sunday afternoon, very little traffic and clear sky. Phraseology, 'I need for you to beat him down' and the fact that the plane can only descend so fast from 13000 ft to 10000 ft and effect a leveloff at 10000 ft. It appeared the controller was betting on what the other plane was going to do, yet had not established communication with him.

Original NASA ASRS Text

Title: MD80 FLT CREW EXPERIENCED NEAR MISS WITH ZNY DURING DSCNT.

Narrative: AT 13000 FT, RECEIVED CLRNC TO CROSS BEUTY AT 10000 FT AS FOLLOWS: 'CROSS BEUTY AT 10000 FT, TFC DSNDING THROUGH YOUR ALT AT 5 MI. I NEED FOR YOU TO BEAT HIM DOWN.' I SET 1500 FPM AND STARTED LOOKING FOR THE TFC. A TARGET APPEARED AT 11 O'CLOCK POS, CO-ALT, 2 MI. NOTICING THE TCASII TARGET HAD LEVELED, I STARTED A CLB, IMMEDIATELY FOLLOWED BY AN RA DIRECTING A CLB. THE FO XMITTED WE WERE COMPLYING WITH AN RA. THE TARGET PASSED APPROX 500 FT, LESS THAN 1 MI AT 1 O'CLOCK POS. WHEN I MENTIONED THE NEAR MISS TO THE CTLR, HE SAID THAT HE HAD BEEN TRYING TO CALL THE OTHER PLANE AND HAD GOTTEN NO ANSWER AND THAT FOR SOME REASON, THE OTHER PLANE HAD LEVELED OFF. I RESPONDED THAT WE HAD JUST HAD A NEAR MISS AND THAT WAS UNACCEPTABLE AND A SIMPLE VECTOR OFF COURSE WOULD HAVE SOLVED THE PROB. THIS HAPPENED ON A SUNDAY AFTERNOON, VERY LITTLE TFC AND CLR SKY. PHRASEOLOGY, 'I NEED FOR YOU TO BEAT HIM DOWN' AND THE FACT THAT THE PLANE CAN ONLY DSND SO FAST FROM 13000 FT TO 10000 FT AND EFFECT A LEVELOFF AT 10000 FT. IT APPEARED THE CTLR WAS BETTING ON WHAT THE OTHER PLANE WAS GOING TO DO, YET HAD NOT ESTABLISHED COM WITH HIM.

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.