Narrative:

During letdown into ewr after sax, given heading 120 degrees, 5000 ft assigned altitude by approach control with heavy congestion on frequency. Complied with both. TCASII TA alerted us to possible traffic conflict indicating a VFR target at 4300 ft climbing. Target was at 12 O'clock, with no bearing change, a high wing light civilian. TCASII RA monitor vertical speed as slower aircraft ahead climbed within 500 ft, 1 mi ahead, still climbing. RA climb, climb with 1300 FPM suggested climb rate as aircraft now directly below now out of visual sight climbed to 4700 ft MSL. We complied with RA, set vsi at 1300 ft climb and received almost immediate clear of conflict. Our aircraft leveled at 5100 ft. Another airliner behind us reported traffic and was advised by approach there was traffic at 4800 ft. We called out that it was a (possible) small aircraft Y which we had an RA on. The approximately time of the event PM10. My concern in this matter is that there was no alert to this traffic conflict from approach or real concern. No evasive action was suggested other than TCASII. Had we not had TCASII to alert us to this situation a closer than 200 ft vertical, 0 ft lateral or worse conflict could have occurred. I contacted ny approach control supervisor to express my concern but could not provide the exact time and/or DME, etc. She suggested a more definitive verbal alert to the RA. However, frequency congestion/evasive action precluded this in this incident. We felt that we were within the TCA approximately 275 degree radial 20-25 mi teb. I felt that some alert from approach and corrective action to remedy this possible near miss could have been provided. Without TCASII this could have been closer yet.

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Original NASA ASRS Text

Title: NMAC BTWN ACR MLG ON RADAR VECTORING AND AN SMA, VFR CLBING TFC PERFORMING AN UNAUTH PENETRATION OF AIRSPACE IN PROX OF TCA.

Narrative: DURING LETDOWN INTO EWR AFTER SAX, GIVEN HDG 120 DEGS, 5000 FT ASSIGNED ALT BY APCH CTL WITH HVY CONGESTION ON FREQ. COMPLIED WITH BOTH. TCASII TA ALERTED US TO POSSIBLE TFC CONFLICT INDICATING A VFR TARGET AT 4300 FT CLBING. TARGET WAS AT 12 O'CLOCK, WITH NO BEARING CHANGE, A HIGH WING LIGHT CIVILIAN. TCASII RA MONITOR VERT SPD AS SLOWER ACFT AHEAD CLBED WITHIN 500 FT, 1 MI AHEAD, STILL CLBING. RA CLB, CLB WITH 1300 FPM SUGGESTED CLB RATE AS ACFT NOW DIRECTLY BELOW NOW OUT OF VISUAL SIGHT CLBED TO 4700 FT MSL. WE COMPLIED WITH RA, SET VSI AT 1300 FT CLB AND RECEIVED ALMOST IMMEDIATE CLR OF CONFLICT. OUR ACFT LEVELED AT 5100 FT. ANOTHER AIRLINER BEHIND US RPTED TFC AND WAS ADVISED BY APCH THERE WAS TFC AT 4800 FT. WE CALLED OUT THAT IT WAS A (POSSIBLE) SMA Y WHICH WE HAD AN RA ON. THE APPROX TIME OF THE EVENT PM10. MY CONCERN IN THIS MATTER IS THAT THERE WAS NO ALERT TO THIS TFC CONFLICT FROM APCH OR REAL CONCERN. NO EVASIVE ACTION WAS SUGGESTED OTHER THAN TCASII. HAD WE NOT HAD TCASII TO ALERT US TO THIS SIT A CLOSER THAN 200 FT VERT, 0 FT LATERAL OR WORSE CONFLICT COULD HAVE OCCURRED. I CONTACTED NY APCH CTL SUPVR TO EXPRESS MY CONCERN BUT COULD NOT PROVIDE THE EXACT TIME AND/OR DME, ETC. SHE SUGGESTED A MORE DEFINITIVE VERBAL ALERT TO THE RA. HOWEVER, FREQ CONGESTION/EVASIVE ACTION PRECLUDED THIS IN THIS INCIDENT. WE FELT THAT WE WERE WITHIN THE TCA APPROX 275 DEG RADIAL 20-25 MI TEB. I FELT THAT SOME ALERT FROM APCH AND CORRECTIVE ACTION TO REMEDY THIS POSSIBLE NEAR MISS COULD HAVE BEEN PROVIDED. WITHOUT TCASII THIS COULD HAVE BEEN CLOSER YET.

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.