Date: 201808
Local time of day: 1201-1800
Location: ZNY.ARTCC, NY
Aircraft: Fighter
Operator: Military
Operating under: Part 91
Mission: Tactical
Flight phase: Descent
Airspace: Class A ZNY
ATC / advisory: Center ZNY
Second aircraft: Airbus Industrie Undifferentiated or Other Model
Reporter organization: Government
Reporter function: Oceanic
Reporter qualification: Air Traffic Control Fully Certified
Human factors: Confusion; Communication Breakdown; Situational Awareness
Anomaly: Airspace Violation All Types; Conflict Airborne Conflict; Deviation / Discrepancy - Procedural Clearance; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Air Traffic Control
When detected: In-flight
Result: General None Reported / Taken
Contributing factors: Procedure; Human Factors; Aircraft
Primary problem: Procedure

Narrative: It was brought to my attention as CIC (Controller in Charge) by a ZNY sector controller that Aircraft X was going to enter ZNY Oceanic airspace and operate as a Due Regard flight at altitudes F300-F500.Aircraft X was supposed to operate in a 30 mile radius at [a lat/long] point for approximately 30 minutes and would execute rapid climbs and descents. Earlier in the same day an email was received from a FACSFAC representative stating that [a] military Station was requesting the above mentioned airspace to be reserved in ZNY Oceanic airspace. The FACSFAC representative denied the request stating 'They were asking for too much airspace on short notice;' end quote. [Military Station]'s response was that the flight would operate Due Regard then.The lat/long position that the flight was going to operate was in between to very active airways; with aircraft operating in the altitude ranges F360-F430.This information was brought to the OMIC (Operations Manager in Charge) on duty and while the manager took action his attitude was that Aircraft X was Due Regard and it is the responsibility of Aircraft X to remain clear of flights.[Minutes later]; Aircraft X engaged in a loss of separation with an air carrier (Aircraft Y) at F410. Aircraft X was observed in a rapid descent from high altitude perpendicular to and converging on the air carrier's route of flight and leveled off at F420. There was 7 miles and a 1000ft between the two flights. Minimum separation in the ZNY Oceanic environment in this situation would be 50 miles laterally or 2000 feet above; 1000ft below F410. Aircraft Y was southwest bound. There was no TCAS maneuver by Aircraft Y. Most flights operate with their TCAS off while in an oceanic environment.Aircraft X operated with a complete disregard for safety and even after that event with Aircraft Y; continued to operate and was observed multiple times engaging in other close proximity events.An attempt was made to gain communications with the flight but the adjacent sector was never contacted by the flight.The same Aircraft X returned on [a later date] operating under the same rules.While I understand the principals of operating Due Regard; our primary duty is to prevent a collision between two flights operating in our airspace and I do not take that responsibility lightly! Aircraft X engaged in a gross dereliction of duty and responsibility and I feel that the ZNY manager had a casual attitude towards the event. If a military flight wants to operate at altitudes where active passenger air carriers are operating this must be scheduled so that a reservation of protected airspace can be entered into the Ocean 21 operation platform and we can reroute the flights around these military activities. Any other action would be a gross dereliction of duty and would compromise safety at all levels.




Synopsis: ZNY Center Controller reported a loss of separation between tow aircraft in oceanic airspace.