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.

FMI: www.faa.gov