Narrative:

We were assigned the warrd 4 STAR with a pxt transition. Ewr was landing runway 22L. Our flight crossed rbv and turned to a 360 degree heading, then a descent to 6000 ft. Just before reaching 6000 ft, received a TCASII TA for a target at 12 O'clock and 500 ft above us. As we were searching for this traffic, the TA became an RA advising us to descend. Even though the WX was perfect, we had not acquired the target visually, so I followed the RA and began a descent. I asked the first officer to advise ATC but he was unable to do this because the controller was talking nonstop. Immediately after beginning the descent, I caught a glimpse of the target passing overhead about 500 ft above us. I then leveled off at 5900 ft and returned to 6000 ft. After I advised ATC, the controller reported that he held a target about 1 NM behind us descending through 6000 ft. Also, the controller (at my request) reported our position as 5 NM outside of the class B airspace. I believe what may have happened here is that the intruder aircraft was legally operating just outside of the class B airspace probably sbound either on or just west of V-252 at 6500 ft, and chose 15-20 NM north of rbv to begin to descend bringing him into close proximity to our flight. The problem, in my opinion, is that we were at 6000 ft. We should not be that low that far from the airport. Ny arrival and departure procedures should be changed so that no jets are operated below 10000 ft outside of the TCA. Also, something should be done about controllers talking nonstop. This is a safety hazard common to all busy terminals. However, if a controller is really that busy he/she is overworked.

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Original NASA ASRS Text

Title: AN ACR MLG DSNDED IN RESPONSE TO A TCASII COMMAND.

Narrative: WE WERE ASSIGNED THE WARRD 4 STAR WITH A PXT TRANSITION. EWR WAS LNDG RWY 22L. OUR FLT CROSSED RBV AND TURNED TO A 360 DEG HDG, THEN A DSCNT TO 6000 FT. JUST BEFORE REACHING 6000 FT, RECEIVED A TCASII TA FOR A TARGET AT 12 O'CLOCK AND 500 FT ABOVE US. AS WE WERE SEARCHING FOR THIS TFC, THE TA BECAME AN RA ADVISING US TO DSND. EVEN THOUGH THE WX WAS PERFECT, WE HAD NOT ACQUIRED THE TARGET VISUALLY, SO I FOLLOWED THE RA AND BEGAN A DSCNT. I ASKED THE FO TO ADVISE ATC BUT HE WAS UNABLE TO DO THIS BECAUSE THE CTLR WAS TALKING NONSTOP. IMMEDIATELY AFTER BEGINNING THE DSCNT, I CAUGHT A GLIMPSE OF THE TARGET PASSING OVERHEAD ABOUT 500 FT ABOVE US. I THEN LEVELED OFF AT 5900 FT AND RETURNED TO 6000 FT. AFTER I ADVISED ATC, THE CTLR RPTED THAT HE HELD A TARGET ABOUT 1 NM BEHIND US DSNDING THROUGH 6000 FT. ALSO, THE CTLR (AT MY REQUEST) RPTED OUR POS AS 5 NM OUTSIDE OF THE CLASS B AIRSPACE. I BELIEVE WHAT MAY HAVE HAPPENED HERE IS THAT THE INTRUDER ACFT WAS LEGALLY OPERATING JUST OUTSIDE OF THE CLASS B AIRSPACE PROBABLY SBOUND EITHER ON OR JUST W OF V-252 AT 6500 FT, AND CHOSE 15-20 NM N OF RBV TO BEGIN TO DSND BRINGING HIM INTO CLOSE PROX TO OUR FLT. THE PROB, IN MY OPINION, IS THAT WE WERE AT 6000 FT. WE SHOULD NOT BE THAT LOW THAT FAR FROM THE ARPT. NY ARR AND DEP PROCS SHOULD BE CHANGED SO THAT NO JETS ARE OPERATED BELOW 10000 FT OUTSIDE OF THE TCA. ALSO, SOMETHING SHOULD BE DONE ABOUT CTLRS TALKING NONSTOP. THIS IS A SAFETY HAZARD COMMON TO ALL BUSY TERMINALS. HOWEVER, IF A CTLR IS REALLY THAT BUSY HE/SHE IS OVERWORKED.

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.