A300 at FL280 with ZNY experienced TCASII RA due to operational error.

Attributes
ACN	608163
Time
Date	200402
Day	Sat
Local Time Of Day	0601 To 1200
Place
Locale Reference	atc facility : zsu.artcc
State Reference	PR
Altitude	msl bound lower : 27900 msl bound upper : 28600
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	artcc : zny.artcc
Operator	common carrier : air carrier
Make Model Name	A300
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Route In Use	enroute : atlantic
Flight Plan	IFR
Aircraft 2
Controlling Facilities	artcc : zny.artcc
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 121
Flight Phase	cruise : level
Route In Use	enroute : atlantic
Flight Plan	IFR
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : atp
ASRS Report	608163
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : multi engine pilot : instrument pilot : commercial
ASRS Report	608219
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne critical non adherence : published procedure non adherence : required legal separation
Independent Detector	aircraft equipment : tcas other flight crewa other flight crewb
Resolutory Action	flight crew : returned to original clearance flight crew : took evasive action
Miss Distance	horizontal : 12000 vertical : 700
Supplementary
Problem Areas	ATC Human Performance
Primary Problem	ATC Human Performance
Air Traffic Incident	Operational Error

Narrative:

We were sbound to sju in VFR conditions at the assigned altitude of FL280. We responded to an RA alert to climb over kraft intersection. We climbed to FL286 until clear of the advisory. The other aircraft was northbound and was in sight after the first RA warning. The aircraft passed off our left and was about 2 mi and 100 ft below our aircraft. We corrected back to our assigned altitude after clear of the alert. There were not any injuries. It was an IFR flight plan with an altimeter setting of 29.92. Supplemental information from acn 608219: at the time of the RA the other aircraft was -01 below us.

Original NASA ASRS Text

Title: A300 AT FL280 WITH ZNY EXPERIENCED TCASII RA DUE TO OPERROR.

Narrative: WE WERE SBOUND TO SJU IN VFR CONDITIONS AT THE ASSIGNED ALT OF FL280. WE RESPONDED TO AN RA ALERT TO CLB OVER KRAFT INTXN. WE CLBED TO FL286 UNTIL CLR OF THE ADVISORY. THE OTHER ACFT WAS NBOUND AND WAS IN SIGHT AFTER THE FIRST RA WARNING. THE ACFT PASSED OFF OUR L AND WAS ABOUT 2 MI AND 100 FT BELOW OUR ACFT. WE CORRECTED BACK TO OUR ASSIGNED ALT AFTER CLR OF THE ALERT. THERE WERE NOT ANY INJURIES. IT WAS AN IFR FLT PLAN WITH AN ALTIMETER SETTING OF 29.92. SUPPLEMENTAL INFO FROM ACN 608219: AT THE TIME OF THE RA THE OTHER ACFT WAS -01 BELOW US.

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.