Commuter has TCASII RA, responds.

Attributes
ACN	272398
Time
Date	199405
Day	Mon
Local Time Of Day	1201 To 1800
Place
Locale Reference	airport : fwa
State Reference	IN
Altitude	msl bound lower : 7000 msl bound upper : 7300
Environment
Flight Conditions	VMC
Light	Daylight
Aircraft 1
Controlling Facilities	tracon : fwa
Operator	common carrier : air carrier
Make Model Name	Commercial Fixed Wing
Operating Under FAR Part	Part 135
Navigation In Use	Other Other
Flight Phase	descent other
Flight Plan	IFR
Aircraft 2
Make Model Name	Baron 58/58TC
Operating Under FAR Part	Part 91
Flight Phase	climbout : intermediate altitude
Person 1
Affiliation	company : air carrier
Function	flight crew : captain oversight : pic
Qualification	pilot : cfi pilot : atp
Experience	flight time last 90 days : 250 flight time total : 10000 flight time type : 2000
ASRS Report	272398
Person 2
Affiliation	company : air carrier
Function	flight crew : first officer
Qualification	pilot : commercial pilot : instrument
Events
Anomaly	altitude deviation : excursion from assigned altitude conflict : airborne less severe non adherence : clearance other anomaly other
Independent Detector	aircraft equipment other aircraft equipment : unspecified other controllera other flight crewa
Resolutory Action	flight crew : took evasive action
Consequence	faa : reviewed incident with flight crew
Miss Distance	horizontal : 600
Supplementary
Primary Problem	Flight Crew Human Performance
Air Traffic Incident	Pilot Deviation

Narrative:

We were arriving fwa. We descended to 7000 ft proceeding direct to the airport. A be-58 was departing fwa, and assigned 6000 ft. The baron acquired us visually, and accepted a climb through our altitude. The range at this point was 2 1/2 mi according to TCASII, and he was in our 12 O'clock position. At approximately 500 ft below us TCASII issued a climb RA. Prior to this, the controller had issued a descent clearance to us based on the other aircraft having acquired us visually. I was not happy with that clearance, and did not accept it. We did follow the RA, and I saw the baron pass off our left side about 100 ft below and about 600 ft horizontally. I talked to the approach supervisor who said this was 'legal.' I have a feeling that legal and safe are 2 different worlds. I am not comfortable descending through converging traffic's altitude based on the other aircraft maintaining visual separation on us, and I don't have him in sight. A contributing factor to us not acquiring the other aircraft was the fact that we were on the end of a 2 day trip with scheduled reduced rest (8 hours of rest). Both the first officer and myself felt tired and not as sharp as we could have been. This practice has to stop before someone is found to be asleep at the wheel. If we hadn't been on top of this situation, it could have had been a very loud crunch.

Original NASA ASRS Text

Title: COMMUTER HAS TCASII RA, RESPONDS.

Narrative: WE WERE ARRIVING FWA. WE DSNDED TO 7000 FT PROCEEDING DIRECT TO THE ARPT. A BE-58 WAS DEPARTING FWA, AND ASSIGNED 6000 FT. THE BARON ACQUIRED US VISUALLY, AND ACCEPTED A CLB THROUGH OUR ALT. THE RANGE AT THIS POINT WAS 2 1/2 MI ACCORDING TO TCASII, AND HE WAS IN OUR 12 O'CLOCK POS. AT APPROX 500 FT BELOW US TCASII ISSUED A CLB RA. PRIOR TO THIS, THE CTLR HAD ISSUED A DSCNT CLRNC TO US BASED ON THE OTHER ACFT HAVING ACQUIRED US VISUALLY. I WAS NOT HAPPY WITH THAT CLRNC, AND DID NOT ACCEPT IT. WE DID FOLLOW THE RA, AND I SAW THE BARON PASS OFF OUR L SIDE ABOUT 100 FT BELOW AND ABOUT 600 FT HORIZLY. I TALKED TO THE APCH SUPVR WHO SAID THIS WAS 'LEGAL.' I HAVE A FEELING THAT LEGAL AND SAFE ARE 2 DIFFERENT WORLDS. I AM NOT COMFORTABLE DSNDING THROUGH CONVERGING TFC'S ALT BASED ON THE OTHER ACFT MAINTAINING VISUAL SEPARATION ON US, AND I DON'T HAVE HIM IN SIGHT. A CONTRIBUTING FACTOR TO US NOT ACQUIRING THE OTHER ACFT WAS THE FACT THAT WE WERE ON THE END OF A 2 DAY TRIP WITH SCHEDULED REDUCED REST (8 HRS OF REST). BOTH THE FO AND MYSELF FELT TIRED AND NOT AS SHARP AS WE COULD HAVE BEEN. THIS PRACTICE HAS TO STOP BEFORE SOMEONE IS FOUND TO BE ASLEEP AT THE WHEEL. IF WE HADN'T BEEN ON TOP OF THIS SIT, IT COULD HAVE HAD BEEN A VERY LOUD CRUNCH.

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.