believed they had a problem he should have declared an merge sand expressed to the controller that would have given that pilot and aircraft priority and the controller would have by law, basically regulatory law have had to accommodate that question but if it was just hey, we want to climb, that won't have prime assy over traffic separation and the responsibility of that controller. >> greg great to have you with us tonight, appreciate your expertise on "the ed show." >> thank you very much. >> thank you. coming up gas prices plummeting over seas and later in the two minute drill, it's black monday in the nfl. ask ed live just ahead. stay with us. thanks. ♪ ♪ [ male announcer ] fedex® has solutions to enable global commerce that can help your company grow steadily and quickly. great job. (mandarin)