Controller's Job, Criminal Record at Stake
During the melee on
September 11 two years ago, you may recall that ALL flights were
grounded. 'Get on the ground, wherever you are, and stay there!'
was the popular interpretation of the 'ground stop' order for all
traffic.
Except... whose order was it? Who was powerful enough to issue
such an order, and make it stick?
(Now-fired) controller William Noble, a 20-year veteran of the
ATC ranks, tried to convince U.S. Magistrate Judge Carolyn Ostby
that only Jane Garvey, then-Administrator of the FAA, had such a
power. The judge fined him $500, and in convicting him, said he
"...did willfully and knowingly disobey and violate an order issued
by the United States Secretary of Transportation, the administrator
of the Federal Aviation Administration, or their delegates," which
is a misdemeanor, and could have cost him $5000.
Noble, 47, who was at the time the local NATCA union rep, has
appealed the June ruling; he went to an arbitration hearing two
weeks ago; a second date for another closed hearing is set for
November.
Noble had been at Great Falls (MT) International Airport about
12 years, by the time Terror Tuesday rolled around. He gave
permission to take off, to a FedEx cargo ship, that was on a VFR
flight plan. Noble said that, prior to September 11, he had never
heard of a ground stop order for VFR, and that in any event,
Benedict Sliney (in New York), who issued the order he heard, was
not in charge of Noble's airspace; that control came from the Salt
Lake City Air Route Traffic Control Center.
Noble also said that, in previous ground stop situations, VFR
traffic had been allowed to proceed, as long as they weren't going
to count on FAA assistance; that's what the FedEx pilots requested.
Noble waved them off.
T
he Chicago
Tribune recounted how the confusion spread:
The FAA's official communications, shortly after 9AM on that
horrible day, said, "Ground stop all departures destination airport
all facilities included... Reason: Due to national emergency,
ground stop all departures regardless of destination... repeat,
ground stop all departures."
"Salt Lake then sent this ground stop message to the Great Falls
International Airport tower: 'Ground stop all aircraft regardless
of destination until further notice.'
"Nine minutes later, it sent another message, meant to clarify
the first: 'Ground stop all aircraft regardless of destination
until further notice IFR/VFR.'"
The Trib said, "Noble gave the FedEx plane clearance to
fly after receiving the second notice."
Judge Ostby made it stick.