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Under federal regulations, it's the pilot's call. The tower would have asked for a flight plan and would have advised him to not take off. There's no stopping a pilot from taking off at any time. If the pilot makes that decision, under the federal air regulations, they can do that. However they have to be willing to accept the risk and it would certainly indicate extreme bad judgment.
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Advice Quotes
I would not at this point advise anyone to not fly Northwest, based entirely upon the assurance that I've been given by the FAA, ... I'm not qualified to advise anybody about safety matters other than rely on the expertise of those that have been established carrying out those responsibilities. But again, I've been given that assurance by the highest person responsible for those reviews and decisions, the FAA administrator.