Date: 201406
Local time of day: 1201-1800
Location: EWR.Airport, NJ
Flight conditions: Mixed
Light: Daylight
Aircraft: Large Transport; Low Wing; 2 Turbojet Eng
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Descent
Airspace: Class E N90
ATC / advisory: TRACON N90
Second aircraft: Light Transport; High Wing; 2 Turboprop Eng
Reporter organization: Air Carrier
Reporter function: Pilot Not Flying; Captain
Human factors: Workload; Situational Awareness; Communication Breakdown; Confusion
Second reporter function: First Officer; Pilot Flying
Anomaly: ATC Issue All Types; Conflict NMAC; Deviation - Altitude Excursion From Assigned Altitude; Flight Deck / Cabin / Aircraft Event Illness / Injury
Detector: Automation Aircraft RA; Person Air Traffic Control
When detected: In-flight
Result: Air Traffic Control Issued Advisory / Alert; Flight Crew Requested ATC Assistance / Clarification; Flight Crew Returned To Clearance; Flight Crew Took Evasive Action
Contributing factors: Environment - Non Weather Related; Procedure
Primary problem: Ambiguous

Narrative: I was pilot not flying on flight to EWR. The flight was uneventful until on the FQM3 arrival. During descent at about 11;000 FT ATC issued a very short notice hold clearance. I would estimate we had about 10 miles to setup a hold maybe less. We entered the hold and made precautionary plans to divert due to the good weather conditions and no contingency fuel. We held about 15 minutes then were given clearance on to Newark and told to contact NY Approach on 120.15. I made the call twice on frequency with no response from ATC. I have had many experiences lately with ATC requiring several calls before response. Just as I was about to go back to the previous frequency the Controller came on and gave us an initial heading. Very shortly after; he reported traffic to us on our right side climbing near us. We got an immediate TCAS traffic alert and I noted the altitude at 700 below us and very near proximity at 1 o'clock. The target continued toward us and simultaneously ATC asked us to turn right and gave a climb clearance. Within seconds the TCAS gave a descent command. I continued looking for traffic and noted the TCAS target at 300 then 200 then 100 and nearly on top of our aircraft. We got a TCAS command to 'DESCEND' and the display was nearly totally red and the target was at our altitude and on top of our aircraft. My co-pilot followed the commands by unhooking the autopilot and aggressively descending which we both felt was required. The event seemed to last longer than I would expect and I finally saw the aircraft to our right side; climbing and nearly on top of us. I could describe the aircraft as a beige color turboprop. I would describe it as an ATR or similar turboprop with no name markings from our vantage point. It was climbing and went over us. Without TCAS; following the instruction from ATC would have likely caused a collision. Without aggressive avoidance and following of TCAS I felt we would have collided. During the maneuver I reported to ATC we were following the RA and descending which he acknowledged. After we were clear we received instruction from ATC back on our arrival. He stated the blundering aircraft was not in communication with ATC and could have departed from a NY area airport. To say we were shaken up a bit is an understatement.Upon arrival many passengers were sick from the maneuver to avoid the aircraft although I withheld any announcement or explanation to them as I didn't think it could help the situation. I did debrief the flight attendants as to what happened. I have never seen TCAS warn us so adamantly of a collision. The vertical speed command was in total red and the aircraft target was on top of us. This was a very close call. Our aircraft was nearly full. Upon query the Controller said they were looking into the event to trace the aircraft we nearly collided with and would follow up. He stated the aircraft appeared to be climbing 1;500 FPM and it was a quick call.


Second narrative: I was the pilot flying. During vectors to final; ATC called out traffic he was 'not talking to.' We were in and out of clouds. ATC told us to turn approximately 40 degrees right (he gave us a heading which I don't recall but believe it was approximately 40 degrees) and climb from 6;000 to 8;000. At that moment the red traffic square; indicating zero altitude separation; appeared virtually on top of us. At the same time a TCAS aural 'DESCEND' RA occurred. The red arc on the VSI covered all but the very bottom of the VSI. Since this happened so quickly I snapped the throttles to idle; and pushed the nose over (vs. de-selecting FDs; etc). The 'clear of conflict' call happened at approximately 5;000 FT. The pilot not flying saw the under side of the other plane and he said it appeared to have a high climb angle.I suspect that the other plane was rapidly climbing through our altitude which may be why the expected; white diamond to orange circle to red square sequence did not seem to appear. ATC told us that they would investigate. This appeared to be very close.


Synopsis: An air carrier crew on vectors about 50 NM from EWR had a near miss with a relatively large turboprop aircraft at about 7;000 FT and executed a descending escape maneuver.