Narrative:

Assigned 250 degree heading and cleared to climb to 10000 ft by louisville departure control. Out of 5000 ft, on heading, ATC advised traffic passing in front of us 'descending to 6000 ft, expect higher when clear.' I pushed the nose down hard, as I saw what looked like a beech 18 pass from right to left, our top of climb only about 50 ft below 6000 ft as I descended back to 5000 ft. The first officer advised the controller we were cleared to 10000 ft and asked what altitude he wanted us at. He replied 5000 ft. We leveled at 5000 ft and, as we were now clear of the traffic, were cleared to 10000 ft again. The controller just said 'sorry about that' when handing us off to ZID. If we hadn't seen the traffic and taken evasive action, we very likely would have collided at 6000 ft. TCASII in our aircraft would have given us more notice of the impending conflict and an RA before getting this close. Our company has several B767's with TCASII, but this aircraft was not equipped with it, and there are no known plans to equipment our entire fleet with TCASII.

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Original NASA ASRS Text

Title: A B767-300 FLC HAD AN NMAC NEAR IIU.

Narrative: ASSIGNED 250 DEG HDG AND CLRED TO CLB TO 10000 FT BY LOUISVILLE DEP CTL. OUT OF 5000 FT, ON HDG, ATC ADVISED TFC PASSING IN FRONT OF US 'DSNDING TO 6000 FT, EXPECT HIGHER WHEN CLR.' I PUSHED THE NOSE DOWN HARD, AS I SAW WHAT LOOKED LIKE A BEECH 18 PASS FROM R TO L, OUR TOP OF CLB ONLY ABOUT 50 FT BELOW 6000 FT AS I DSNDED BACK TO 5000 FT. THE FO ADVISED THE CTLR WE WERE CLRED TO 10000 FT AND ASKED WHAT ALT HE WANTED US AT. HE REPLIED 5000 FT. WE LEVELED AT 5000 FT AND, AS WE WERE NOW CLR OF THE TFC, WERE CLRED TO 10000 FT AGAIN. THE CTLR JUST SAID 'SORRY ABOUT THAT' WHEN HANDING US OFF TO ZID. IF WE HADN'T SEEN THE TFC AND TAKEN EVASIVE ACTION, WE VERY LIKELY WOULD HAVE COLLIDED AT 6000 FT. TCASII IN OUR ACFT WOULD HAVE GIVEN US MORE NOTICE OF THE IMPENDING CONFLICT AND AN RA BEFORE GETTING THIS CLOSE. OUR COMPANY HAS SEVERAL B767'S WITH TCASII, BUT THIS ACFT WAS NOT EQUIPPED WITH IT, AND THERE ARE NO KNOWN PLANS TO EQUIP OUR ENTIRE FLEET WITH TCASII.

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.