CLOSE PROX ACR-WDB GA-SMT 44 NM NW OF EWR.

Narrative

FLT STL DIR EWR WAS DSNDING FROM 9000 TO 7000' ON THE SLATE RUN 5 ARR TO EWR. VIS WAS GOOD--20+ MI WITH WIDELY SCATTERED CLOUDS. I NOTICED AN ACFT AT 11 O'CLOCK AND SLIGHTLY BELOW OUR ALT. I MOMENTARILY THOUGHT IT WAS NY AREA ARR TFC THAT WE WOULD BE FOLLOWING SINCE THERE APPEARED TO BE NO RELATIVE MOTION. I QUICKLY REALIZED THAT THE ACFT WAS NOT A DISTANT LARGE ACFT; BUT A RAPIDLY APCHING LIGHT TWIN AND CALLED OUT; 'TFC AT 11 O'CLOCK; CLOSING.' THE CAPT SPOTTED IT AND TOOK CTL FROM THE F/O WHO WAS FLYING. HE LEVELED OFF OR CLBED A LITTLE TO 8800' IMMEDIATELY. WITHIN 5 SECS THE TFC WHICH APPEARED TO BE A BLUE AND WHITE SMT PASSED DIRECTLY BENEATH US. WE SUSPECT HE WAS AT 8500'. AS THE TWIN PASSED US ATC RPTED VFR TFC AT 11 O'CLOCK AND 1 MI. THE CAPT RESPONDED; 'HE'S 5 O'CLOCK AND 1 MI. HE JUST PASSED BENEATH US.' IF WE HAD NOT LEVELED OFF; I THINK WE WOULD HAVE COLLIDED. I BELIEVE BEING CLRED TO 7000' 44 MI FROM YOUR DEST ARPT IS UNSAFE; ESPECIALLY IN THE NY AREA WHERE VFR TFC AVOIDS THE TCA BY FLYING AROUND BROADWAY AND PENNS. THE ARR CALLS FOR PENNS AT 9000' (44 MI FROM EWR) AND BROADWAY AT 7000' (30 MI FROM EWR). WE WERE AT 250 KTS AND IF THE TWIN WAS AT 200 KTS; THAT IS A CLOSURE RATE OF 450 KTS; OR 1 MI EVERY 8 SECS! YOU SEE HOW MUCH PROTECTION THE 3 MI VFR RULE GIVES! I THINK COMMERCIAL ACFT SHOULD BE KEPT ABOVE 10000' UNTIL WITHIN 30-35 MI OF THE FIELD.