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.' the captain pushed down hard on the yoke as we saw what looked like a beech 18 pass from right to left, our top of climb only about 50 ft below 6000 ft as the captain descended back to 5000 ft. I advised the controller that 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. We have several B767's with TCASII, but this aircraft was not equipped with TCASII.

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Original NASA ASRS Text

Title: B767 NMAC DEPARTING IIU.

Narrative: ASSIGNED 250 DEG HDG AND CLRED TO CLB TO 10000 FT BY LOUISVILLE DEP CTL. OUT OF 5000 FT ON HEADING, ATC ADVISED TFC PASSING IN FRONT OF US, 'DSNDING TO 6000 FT, EXPECT HIGHER WHEN CLR.' THE CAPT PUSHED DOWN HARD ON THE YOKE AS WE SAW WHAT LOOKED LIKE A BEECH 18 PASS FROM R TO L, OUR TOP OF CLB ONLY ABOUT 50 FT BELOW 6000 FT AS THE CAPT DSNDED BACK TO 5000 FT. I ADVISED THE CTLR THAT 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. WE HAVE SEVERAL B767'S WITH TCASII, BUT THIS ACFT WAS NOT EQUIPPED 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.