A small uproar in pilot forums and AOPA “safety” blogs greeted the criticism by some former FAA and NTSB experts of the American and United pilots’ decisions to land at DCA when the sole air traffic controller on the midnight shift fell asleep one night in March this year. While FAA Administrator Randy Babbitt–a former ALPA president–focused all his safety outrage on the hapless controller who fell asleep, surely in part because of the FAA’s own decisions to leave the midnight shift at the nation’s capital airport with just one controller, he completely avoided the real safety issues posed by the landings of two different airlines at DCA without a clearance from the control tower.
While the FAA took disciplinary action against the controller who fell asleep (and Hank Krakowski, head of the FAA Air Traffic Organization [ATO], resigned), I have heard nothing about the Potomac Tracon controller who seemed to encourage the airlines to land at DCA as though silence from ATC transformed a controlled field into an uncontrolled one. I assume the American and United crews filed ASAP reports and would thus be immunized against company discipline and FAA enforcement. However, immunity does not indicate that the action was legal under the Federal Aviation Regulations; the crews were clearly not in accordance with the FARs, which prohibit landing at a controlled airport without a clearance from the airport’s air traffic control tower.