Narrative:

I was flying 1 passenger (an instrument rated private pilot) at 7300 MSL under the 8000 floor of the denver TCA. An air carrier airways mdtg was several mi to our west and above us. After scanning for other traffic, checking radios, DME and charts, I looked again for the mdt to find him approximately 1 mi and almost at our altitude. Contacted den approach, was told the mdt was cleared to 7500 and that we had not been called as traffic to the mdt because the controller was 'too busy.' mdt passed above us (we dove to 7100). Controller sounded 'rattled.' question. Why, when the mdt was approaching stapleton from the west (which means he must have been at 13000 or higher over the mountains), was he being brought into the TCA under the floor of an outer layer, near a busy GA airport (bjc, jefferson county)? If it was an error by an inexperienced controller, I can understand if, but it that is to be a standard ATC practice, then it is a very stupid one. Also, how did our mode C increase the safety of our flight?

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Original NASA ASRS Text

Title: CLOSE PROX GA-SMA ACR-COMMUTER MDT AT THE BASE OF DEN TCA.

Narrative: I WAS FLYING 1 PAX (AN INSTRUMENT RATED PRIVATE PLT) AT 7300 MSL UNDER THE 8000 FLOOR OF THE DENVER TCA. AN ACR AIRWAYS MDTG WAS SEVERAL MI TO OUR W AND ABOVE US. AFTER SCANNING FOR OTHER TFC, CHKING RADIOS, DME AND CHARTS, I LOOKED AGAIN FOR THE MDT TO FIND HIM APPROX 1 MI AND ALMOST AT OUR ALT. CONTACTED DEN APCH, WAS TOLD THE MDT WAS CLRED TO 7500 AND THAT WE HAD NOT BEEN CALLED AS TFC TO THE MDT BECAUSE THE CTLR WAS 'TOO BUSY.' MDT PASSED ABOVE US (WE DOVE TO 7100). CTLR SOUNDED 'RATTLED.' QUESTION. WHY, WHEN THE MDT WAS APCHING STAPLETON FROM THE W (WHICH MEANS HE MUST HAVE BEEN AT 13000 OR HIGHER OVER THE MOUNTAINS), WAS HE BEING BROUGHT INTO THE TCA UNDER THE FLOOR OF AN OUTER LAYER, NEAR A BUSY GA ARPT (BJC, JEFFERSON COUNTY)? IF IT WAS AN ERROR BY AN INEXPERIENCED CTLR, I CAN UNDERSTAND IF, BUT IT THAT IS TO BE A STANDARD ATC PRACTICE, THEN IT IS A VERY STUPID ONE. ALSO, HOW DID OUR MODE C INCREASE THE SAFETY OF OUR FLT?

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.