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NTSB PRESS RELEASE
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National Transportation Safety Board
Washington, DC 20594
FOR IMMEDIATE RELEASE: August 17, 2009
SB-09-44
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NTSB RELIEVES AIR TRAFFIC CONTROLLERS GROUP OF PARTY
STATUS IN HUDSON RIVER MIDAIR COLLISION INVESTIGATION
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The National Transportation Safety Board today removed the
National Air Traffic Controllers Association as a party to
its investigation into the August 8 midair collision of two
aircraft over the Hudson River that killed all 9 persons
aboard.
Under the Safety Board's procedures, organizations and
agencies are invited to participate in NTSB investigations
if they can provide technical expertise. At the outset of
the investigation, the organizations sign an agreement to
abide by NTSB party rules. Among the rules parties agree to
is that they will not reveal investigative information being
learned through that process, nor publicly comment on it.
Parties agree that only the NTSB will release factual
information on the progress of the investigation and discuss
the progress of the investigation with the public, including
the news media.
On Friday, August 14, NATCA convened a press conference to
discuss information released earlier that day by the NTSB.
The organization was subsequently reminded of its
responsibilities as a party to the investigation. This
morning, NATCA issued a press release again discussing the
information released, and conducted another press conference
this afternoon.
Patrick Forrey, NATCA President, was informed today that his
organization has been removed as a party to the
investigation.
In light of conflicting interpretations of factual
information released by the NTSB on Friday, the Board takes
this opportunity to address the issue of the Teterboro
controller's interaction with the accident airplane in the
minutes before the collision:
According to preliminary data provided to the Safety Board
by the Federal Aviation Administration, the controller
cleared the accident airplane for departure at 11:48:30.
The first radar target for the airplane was detected at
11:49:55, at about 300 feet. The controller initiated a
non-business-related telephone conversation at 11:50:31.
Prior to the Teterboro controller instructing the pilot to
contact Newark Tower at 1152:20, there were several aircraft
in the Hudson River Class B Exclusion Area in the vicinity
of the airplane, some of which were potential traffic
conflicts. These were detected by radar and displayed on
the controller's scope in Teterboro tower. The Teterboro
controller did not alert the airplane pilot to this traffic
prior to instructing him to change his radio frequency and
contact Newark. The accident helicopter was not visible on
the Teterboro controller's radar scope at 1152:20; it did
appear on radar 7 seconds later - at approximately 400 feet.
At 1152:54, 20 seconds prior to the collision, the radar
data processing system detected a conflict between the
accident airplane and the accident helicopter, which set off
aural alarms and caused a "conflict alert" indication to
appear on the radar displays at both Teterboro and Newark
towers. The controller terminated his non-business-related
telephone call at 11:53:13. The collision occurred at
11:53:14.
As the Safety Board stated in its media release on Friday,
the role that air traffic control might have played in this
accident will be determined by the NTSB as the investigation
progresses. The Board is waiting for more detailed air
traffic control-related data from the Federal Aviation
Administration. Any opinions rendered at this time are
speculative and premature.
"Although we appreciate the technical expertise our parties
provide during the course of an investigation," NTSB
Chairman Deborah A.P. Hersman said, "it is counterproductive
when an organization breaches the party agreement and
publicly interprets or comments on factual information
generated by that investigation. Our rules are set up
precisely to avoid the prospect of each party offering their
slant on the information. I regret that we have had to
remove NATCA from the investigation."
