Date: 201701
Local time of day: 0601-1200
Location: ZAB.ARTCC, NM
Light: Daylight
Aircraft: B737-700
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Cruise
Airspace: Class A ZAB
ATC / advisory: Center ZAB
Reporter organization: Air Carrier
Reporter function: Captain; Pilot Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Anomaly: Conflict Airborne Conflict; Deviation - Speed All Types; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Automation Aircraft RA; Person Flight Crew
When detected: In-flight
Result: Air Traffic Control Issued New Clearance; Flight Crew FLC complied w / Automation / Advisory; Flight Crew Took Evasive Action
Contributing factors: Aircraft; Human Factors
Primary problem: Human Factors

Narrative: We were in cruise flight at FL410 and there was another aircraft in a block altitude from FL430 to FL450. The other aircraft; asked for a descent from ATC. The Controller replied that it would be a minute due to traffic below. He was talking about us. We could see the other aircraft was already coming down from the altitude on the TCAS. The other aircraft then said again he needed a lower altitude and he could take a turn for the descent.At this point the Controller must have gotten a Traffic Alert on his screen because he gave us a turn and told the other aircraft he was not cleared out of his block and to maintain altitude. It was then that the other aircraft informed ATC he had flamed out and needed to get down to FL250 for a restart. By then I had received a TCAS RA to descend. I disconnected the autopilot and pushed the nose over to get the VSI needle below the red band. I did that pretty quickly; but still got an 'increase descent' message so I nosed the aircraft over further to get the VSI needle out of the red band. About that time the clacker sounded and the FO (First Officer) pulled the thrust levers all the way back. I was continuing to turn the aircraft and descend to get away from the other aircraft. I then disconnected the autothrottles and raised the nose slightly but still kept the VSI needle out of the red area on the VSI. When the clear of conflict message was given; I leveled the aircraft which was at about FL390; began turning back to our assigned heading and climbing back up to FL410. I then informed ATC of what happened and what we were doing. The FO was talking to the Flight Attendants because they had chimed the cockpit a couple of times while we were maneuvering around the other aircraft. After reaching FL410 we were cleared back on course.I was very focused on avoiding an aircraft that was heading right for us; and just missed the autothrottle disconnect. I'm not sure if it would have prevented the overspeed but either way I missed that step while trying to turn and dive away from another aircraft. What would have really helped is if the other aircraft would have declared an emergency first; then told ATC what he needed rather than asking for a garden variety descent like everything was normal. If he would have done that; his request would have been immediately granted; instead of turned down twice while he fell out of the sky and conflicted with us. Everyone would have had more space and time to get moving in the right direction.




Synopsis: B737-700 Captain at FL410 heard the aircraft above him request descent and start down without clearance. ATC questioned the descending aircraft and was informed that a flame out had occurred and descent was a necessity. ATC issued a heading to the B737 Captain who was already turning and descending in response to a TCAS RA.