Narrative:

We were talking to ewr approach control, flying the ward arrival into ewr airport. We had been cleared to descend and had been advised of a commuter flight ahead and below us climbing to I believe 6500 ft. We were told he had us in sight. We were passing through approximately 8500 ft descending 500 FPM, looking ahead and below for the traffic, which also appeared on our TCASII at 3500 ft below us. Suddenly we were alerted by TCASII, 'traffic descend descend', followed by an immediate reversal, 'traffic climb climb now.' not sure if there was an aircraft above and one below us or just a malfunctioning TCASII, we leveled off at 8300 ft. The TCASII then showed an aircraft just slightly ahead and to the right of us at 300 ft below us. We spotted the aircraft and watched him pass just to the right 200-300 ft and 300 ft below us. I alerted the controller immediately and was advised that he only showed the aircraft at our altitude and behind us. He said the aircraft just popped up on the scope. He tracked the aircraft and found it to be another same company commuter flight operating VFR to phl. He was not communicating with approach or departure. After landing in ewr I called new york approach and talked to the controller working our flight. He explained to me what he thought might be the problem. He thought that the one aircraft may have been immediately above the other, flying in the same direction. They were both commuter aircraft flying at the same speeds and that may of been why only one aircraft showed up on his scope. I explained that may have been the reason why our TCASII showed only one aircraft also, the same one radar was showing. He also expressed to me his concern, because the commuters operate daily in and out of the new york TCA cancelling IFR when out of the TCA and proceed to their destinations VFR, crossing the approach and departure corridors, but had no success. I then called the quality assurance office at new york RAPCON and spoke with a mr xy. He was equally concerned and very helpful. He assured me that he would follow up with near midair collision of a TCASII incident report, as well as contact the commuter and advise them. I feel this needs immediate action in order to prevent a major accident, and if necessary possibly establishing VFR corridors with specified altitudes or at the very least mandatory flight following with appropriate communications. Supplemental information from acn 188934. Had it not been for TCASII we may not have seen the traffic in time to level off. This is truly a case in which TCASII saved us from a possible mid air collision. Callback conversation with reporter revealed the following information. States that he does not personally know of any change in procedures. He has not however been into ewr recently. He contacted TRACON and FAA. Both agreed that situation is poor. Both also stated that there is not much they can do. Commuters are operating legally. But legal is not necessarily safe in that environment. It appears all parties contacted are upset with procedures. All feel some thing must be done before potential conflict becomes an actual conflict and people die. Reporter's company is trying to set up meeting with FAA and commuters.

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Original NASA ASRS Text

Title: ACR HAS NMAC WITH COMMUTER ON APCH DSCNT. TCASII TA RA.

Narrative: WE WERE TALKING TO EWR APCH CTL, FLYING THE WARD ARR INTO EWR ARPT. WE HAD BEEN CLRED TO DSND AND HAD BEEN ADVISED OF A COMMUTER FLT AHEAD AND BELOW US CLBING TO I BELIEVE 6500 FT. WE WERE TOLD HE HAD US IN SIGHT. WE WERE PASSING THROUGH APPROX 8500 FT DSNDING 500 FPM, LOOKING AHEAD AND BELOW FOR THE TFC, WHICH ALSO APPEARED ON OUR TCASII AT 3500 FT BELOW US. SUDDENLY WE WERE ALERTED BY TCASII, 'TFC DSND DSND', FOLLOWED BY AN IMMEDIATE REVERSAL, 'TFC CLB CLB NOW.' NOT SURE IF THERE WAS AN ACFT ABOVE AND ONE BELOW US OR JUST A MALFUNCTIONING TCASII, WE LEVELED OFF AT 8300 FT. THE TCASII THEN SHOWED AN ACFT JUST SLIGHTLY AHEAD AND TO THE R OF US AT 300 FT BELOW US. WE SPOTTED THE ACFT AND WATCHED HIM PASS JUST TO THE R 200-300 FT AND 300 FT BELOW US. I ALERTED THE CTLR IMMEDIATELY AND WAS ADVISED THAT HE ONLY SHOWED THE ACFT AT OUR ALT AND BEHIND US. HE SAID THE ACFT JUST POPPED UP ON THE SCOPE. HE TRACKED THE ACFT AND FOUND IT TO BE ANOTHER SAME COMPANY COMMUTER FLT OPERATING VFR TO PHL. HE WAS NOT COMMUNICATING WITH APCH OR DEP. AFTER LNDG IN EWR I CALLED NEW YORK APCH AND TALKED TO THE CTLR WORKING OUR FLT. HE EXPLAINED TO ME WHAT HE THOUGHT MIGHT BE THE PROBLEM. HE THOUGHT THAT THE ONE ACFT MAY HAVE BEEN IMMEDIATELY ABOVE THE OTHER, FLYING IN THE SAME DIRECTION. THEY WERE BOTH COMMUTER ACFT FLYING AT THE SAME SPDS AND THAT MAY OF BEEN WHY ONLY ONE ACFT SHOWED UP ON HIS SCOPE. I EXPLAINED THAT MAY HAVE BEEN THE REASON WHY OUR TCASII SHOWED ONLY ONE ACFT ALSO, THE SAME ONE RADAR WAS SHOWING. HE ALSO EXPRESSED TO ME HIS CONCERN, BECAUSE THE COMMUTERS OPERATE DAILY IN AND OUT OF THE NEW YORK TCA CANCELLING IFR WHEN OUT OF THE TCA AND PROCEED TO THEIR DESTS VFR, XING THE APCH AND DEP CORRIDORS, BUT HAD NO SUCCESS. I THEN CALLED THE QUALITY ASSURANCE OFFICE AT NEW YORK RAPCON AND SPOKE WITH A MR XY. HE WAS EQUALLY CONCERNED AND VERY HELPFUL. HE ASSURED ME THAT HE WOULD FOLLOW UP WITH NMAC OF A TCASII INCIDENT RPT, AS WELL AS CONTACT THE COMMUTER AND ADVISE THEM. I FEEL THIS NEEDS IMMEDIATE ACTION IN ORDER TO PREVENT A MAJOR ACCIDENT, AND IF NECESSARY POSSIBLY ESTABLISHING VFR CORRIDORS WITH SPECIFIED ALTS OR AT THE VERY LEAST MANDATORY FLT FOLLOWING WITH APPROPRIATE COMS. SUPPLEMENTAL INFO FROM ACN 188934. HAD IT NOT BEEN FOR TCASII WE MAY NOT HAVE SEEN THE TFC IN TIME TO LEVEL OFF. THIS IS TRULY A CASE IN WHICH TCASII SAVED US FROM A POSSIBLE MID AIR COLLISION. CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO. STATES THAT HE DOES NOT PERSONALLY KNOW OF ANY CHANGE IN PROCS. HE HAS NOT HOWEVER BEEN INTO EWR RECENTLY. HE CONTACTED TRACON AND FAA. BOTH AGREED THAT SITUATION IS POOR. BOTH ALSO STATED THAT THERE IS NOT MUCH THEY CAN DO. COMMUTERS ARE OPERATING LEGALLY. BUT LEGAL IS NOT NECESSARILY SAFE IN THAT ENVIRONMENT. IT APPEARS ALL PARTIES CONTACTED ARE UPSET WITH PROCS. ALL FEEL SOME THING MUST BE DONE BEFORE POTENTIAL CONFLICT BECOMES AN ACTUAL CONFLICT AND PEOPLE DIE. RPTR'S COMPANY IS TRYING TO SET UP MEETING WITH FAA AND COMMUTERS.

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