According to the testimony of the AR-1 controller PAA 212 advised they were "Level at 3,000." Thirty-six seconds from the time of this initial contact with the AR-1 controller PAA 212 reported the "close miss."
The AR-1 controller stated that he issued radar vectors to his inbound traffic to provide separation between his aircraft and other inbound targets under his control in the area and that this was horizontal (radar) separation which required three miles. He further stated: "When Pan American advised me that he had had the close miss and he is really talking in reference to behind him well I really can't say whether or not in reference to behind him but now I am looking directly at him, and I see another target come away from his beacon code. This is when I first observed the target south or southwestbound."
Concerning EAL 663 the DR-1 controller testified that he was "strictly interested in lateral separation" between the two aircraft. He stated ". . . I remember very vividly that Pan American was well to the right of Eastern - it would be his 3 o'clock position - when he (EAL 663) started his turn. It was five or six miles. There was more than ample separation."
The Departure Radar Handoff (DRHO) controller who effected the handoff from the DR-1 controller to the radio-radar controller (RR-7) in the New York Center was asked if he believed radar separation was being applied. His answer was "definitely." He further stated that when the DR-1 controller turned EAL 663 to 090 degrees there was adequate radar separation at that time. Later when he observed or overheard the DR-1 controller turn EAL 663 to a 170-degree heading the distance between the two targets was four to five miles.
At approximately 1825 the DRHO controller attempted a radar handoff of EAL 663 to the RR-7 controller. The RR-7 controller stated: ". . . The aircraft was approximately three miles from the Deer Park VORTAC 228 radial on the Kennedy 160-degree radial. I observed the target but also another target at his 1 o'clock position approximately eight miles away on converging course. I knew the second target to be Pan American Flight 212 whom I turned over to Kennedy Approach Control radar approximately six minutes earlier on a heading of 350 degrees. . . I inquired if separation existed between the two flights. The DRHO controller indicated to me that Eastern 663 was above his traffic. A few seconds later the Kennedy Departure Controller called me back and advised that they were going to retain control of Eastern 663 because they didn't have quite a thousand feet. About a minute later I observed Eastern Air Lines 663 make a left turn toward the northeast tracking approximately 070 degrees. Approximately three miles or more, possibly five, after I observed the first turn toward the northeast I observed a turn to the right by the aircraft. Eastern 663 made a right turn to a southerly heading at almost the same spot where he commenced his turn I estimate it took approximately two sweeps of the radar from the time Eastern 663 commenced his turn to the right until I saw him on a southerly heading. At this point Eastern 663 and Pan American 212's targets merged but I could still distinguish them as two targets "
As to the kind of separation being provided the RR-7 controller said that with the departure handoff controller's statement of "not quite a thousand feet" departure control was going for vertical separation. However, at a later point in his testimony he said "It was radar separation prior to Eastern starting to turn. Once (the aircraft) . . . proceeded southbound, once he was on a southerly heading-the radar separation was lost on my scope."
