Flight Crew Air Transport Pilot (ATP)
Communication Breakdown; Confusion; Distraction; Situational Awareness; Time Pressure; Workload
ATC Issue All Types; Conflict Airborne Conflict; Deviation / Discrepancy - Procedural Published Material / Policy
Air Traffic Control Issued New Clearance; Air Traffic Control Separated Traffic; Flight Crew Took Evasive Action
Procedure; Human Factors
When descending on the HUSTN 2 Arrival into CLT we were cleared from FL410 to descend to cross NAVEE Intersection at FL240. As we descended on the VNAV path through FL330; JAX Center (frequency 133.625) amended our clearance to maintain FL330. Since we were descending at 3500-4000 fpm; we advised JAX that we could not level at FL330; and asked for an amended clearance. He said 'Level off' in a frantic voice. We were able to level at FL320 and complied with this clearance. Then in a frantic voice the controller said 'Climb expeditiously to FL330'. I commanded 'AP off FDs off' which placed the auto thrust system into the speed mode and hand flew up to FL330. Hand flown is more expeditious then AP. In addition; both pilots reduced ND [Navigation Display] scales to 10NM and identified threatening aircraft at 10 o'clock and 5 miles on a converging course with us at our altitude. Due to thin air and rusty flying skills and separating from the other aircraft visually; I climbed then leveled off between 32;750 and 33;200. An aircraft passed immediately below us at FL320 during maneuvering. JAX Center controller acknowledged verbally that he 'Forgot about that aircraft orbiting.' The clearance to descend to FL240 should have been to descend only to FL330. Note: Other fields above could not be selected by me for additive information.
Pilot reports of Controller descending them to an altitude; then telling pilot to maintain an altitude they are at and going through. Pilot advises ATC and climbs up to specified altitude. Traffic is below their aircraft 1;000 feet. Controller forgot about the other aircraft orbiting.