Narrative:

Aircraft was cleared for the scy 9 arrival. Flight was given VFR traffic at 6500'. Approximately 15 mi south of scy VOR, no joy. Crossing scy in the descent to make a restriction 6 mi northwest on the 313 degree right at 7000', after rolling wings level descending through 9000', we observed an small aircraft crossing right to left at our altitude. We estimate he crossed our nose by 500' with less clearance as we went behind him on our left side. No evasive action was taken as there was no time to do so. ATC responded with no targets in our area. Remainder of flight was normal with the exception of the crew having to change shorts! Event occurred during a very busy time in the cockpit. Our question to ourselves was: did we misunderstand the '6500'' traffic and his range as well? Did we precipitate the near miss by a possible misunderstanding? We don't know! We have requested ATC voice and radar tapes through an attorney for our information. Both pilots were outside during the descent. However, the aircraft was in a 20 degree left turn as the other aircraft approached from our right. Obviously we couldn't see him until wings level and then unable to take evasive action. This incident occurred over an extremely busy VOR corner post with an aircraft west/O a transponder (or turned off transponder) not talking to ATC. I respect an airman waiting to fly VFR. However, when through his poor judgement he endangered my crew and passenger, this is unsatisfactory. Do we have to make the whole USA controled airspace? Callback conversation with reporter revealed the following: reporter has not heard back on request for tape readout. Small aircraft was at cruise and could have been at 8500', the proper altitude for his direction of flight. Was so close could see pilot of small aircraft looking over his shoulder apparently talking to passenger behind him is aircraft. ARTCC controller did state they had a faint target at medium large transport 6 O'clock position after told of near midair collision so feels it was second aircraft and not same one pointed out earlier. Advised company but got indication they would not file FAA near miss report and neither was ARTCC.

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Original NASA ASRS Text

Title: NMAC BETWEEN ACR-MLG IN DESCENT AND GA-SMA CROSSING IN CRUISE.

Narrative: ACFT WAS CLRED FOR THE SCY 9 ARR. FLT WAS GIVEN VFR TFC AT 6500'. APPROX 15 MI S OF SCY VOR, NO JOY. XING SCY IN THE DSCNT TO MAKE A RESTRICTION 6 MI NW ON THE 313 DEG R AT 7000', AFTER ROLLING WINGS LEVEL DSNDING THROUGH 9000', WE OBSERVED AN SMA XING RIGHT TO LEFT AT OUR ALT. WE ESTIMATE HE CROSSED OUR NOSE BY 500' WITH LESS CLRNC AS WE WENT BEHIND HIM ON OUR LEFT SIDE. NO EVASIVE ACTION WAS TAKEN AS THERE WAS NO TIME TO DO SO. ATC RESPONDED WITH NO TARGETS IN OUR AREA. REMAINDER OF FLT WAS NORMAL WITH THE EXCEPTION OF THE CREW HAVING TO CHANGE SHORTS! EVENT OCCURRED DURING A VERY BUSY TIME IN THE COCKPIT. OUR QUESTION TO OURSELVES WAS: DID WE MISUNDERSTAND THE '6500'' TFC AND HIS RANGE AS WELL? DID WE PRECIPITATE THE NEAR MISS BY A POSSIBLE MISUNDERSTANDING? WE DON'T KNOW! WE HAVE REQUESTED ATC VOICE AND RADAR TAPES THROUGH AN ATTORNEY FOR OUR INFO. BOTH PLTS WERE OUTSIDE DURING THE DSCNT. HOWEVER, THE ACFT WAS IN A 20 DEG LEFT TURN AS THE OTHER ACFT APCHED FROM OUR RIGHT. OBVIOUSLY WE COULDN'T SEE HIM UNTIL WINGS LEVEL AND THEN UNABLE TO TAKE EVASIVE ACTION. THIS INCIDENT OCCURRED OVER AN EXTREMELY BUSY VOR CORNER POST WITH AN ACFT W/O A TRANSPONDER (OR TURNED OFF TRANSPONDER) NOT TALKING TO ATC. I RESPECT AN AIRMAN WAITING TO FLY VFR. HOWEVER, WHEN THROUGH HIS POOR JUDGEMENT HE ENDANGERED MY CREW AND PAX, THIS IS UNSATISFACTORY. DO WE HAVE TO MAKE THE WHOLE USA CTLED AIRSPACE? CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING: RPTR HAS NOT HEARD BACK ON REQUEST FOR TAPE READOUT. SMA WAS AT CRUISE AND COULD HAVE BEEN AT 8500', THE PROPER ALT FOR HIS DIRECTION OF FLT. WAS SO CLOSE COULD SEE PLT OF SMA LOOKING OVER HIS SHOULDER APPARENTLY TALKING TO PAX BEHIND HIM IS ACFT. ARTCC CTLR DID STATE THEY HAD A FAINT TARGET AT MLG 6 O'CLOCK POSITION AFTER TOLD OF NMAC SO FEELS IT WAS SECOND ACFT AND NOT SAME ONE POINTED OUT EARLIER. ADVISED COMPANY BUT GOT INDICATION THEY WOULD NOT FILE FAA NEAR MISS REPORT AND NEITHER WAS ARTCC.

Data retrieved from NASA's ASRS site as of August 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.