Proposed Establishment of Prohibited Area P-51 at Bangor, WA

August 11, 2004 Docket Management System U.S. Department of Transportation Room Plaza 401 400 Seventh Street, S.W. Washington, DC 20590-0001 Dear Sirs: Reference: FAA-2004-17178, Airspace Docket No. 03-AWA-7, Bangor WA and Prohibited Area 51 (P-51), dated June 28, 2004 EAA (Experimental Aircraft Association) is the world leader in recreational aviation. With an international membership of 171,000 people in more than 100 nations, EAA brings together aviation enthusiasts, pilots and aircraft owners who are dedicated to the continued growth of aviation, the preservation of its history and a commitment to aviation's future. EAA programs, activities and events are known throughout the world for supporting aviation safety and promoting personal enjoyment and responsibility within an aviation lifestyle. These efforts are made possible through massive volunteer involvement in support of the organization, as well as EAA's special interest Divisions, and a global network of nearly 1,000 local Chapters and the affiliated National Association of Flight Instructors (NAFI). EAA is aware that this NPRM was proposed well before the joint FAA/Department of Defense (DoD) effort to create the new type of special use airspace called – National Security Area (NSA), which was finalized on June 3, 2004. EAA strongly feels that this NPRM should be cancelled and the proposed action be changed to an NSA. An NSA will, by definition, provide security by "hindering the potential for further airborne attacks and to specifically respond to security concerns…in the vicinity of critical military, government and national infrastructure locations across the country." Further, an NSA is flexible in that it can be changed from a low security NSA to a highly secure TFR at a moments notice based on the actual threat. EAA is also aware that immediately after the final approval for creating the NSA, the Commander U.S. Navy (North) issued a routine message (R 302109Z Jun 04 PSN 109237S22) tasking all his Regional Commanders "to develop and submit to COMUSNAVNORTH proposals for the creation of NSA over the piers at … Bangor…" EAA contends that this NPRM asking to create Prohibited Area 51 over Bangor is premature. The U.S. Navy Commanders have not had sufficient time to respond to this message, nor has the joint DoD, FAA and Department of Homeland Security (DHS) development team had sufficient time to develop the procedures and guidance necessary for management of a NSA, including the "trigger" that will cause an NSA to go from an advisory area to a TFR area. This is another reason why this NPRM is premature and should be cancelled. EAA strongly recommends the ceiling of this proposed airspace action be lowered to 1,000 feet MSL to correspond with 14 CFR 91.119(b), e.g., "no person may operate an aircraft below …an altitude of 1,000 feet above the highest obstacle…" This would allow DoD to have a security zone over Bangor, yet allow the general aviation industry to continue to operate safely in the low ceiling and visibility environment that persists within the Puget Sound area. As noted within this NPRM, there appears to be a national security threat directed at Bangor which the public is not aware. Therefore, EAA is recommending that the airspace over Bangor be classified as a NSA with the lateral limits set as defined within this NPRM and the vertical limit set at 1,000 feet MSL. Upon receipt of a known threat against this DoD facility, the U.S. Navy could quickly pull the "trigger" and turn the airspace into a security TFR with a ceiling of 2,500 feet MSL. As an active partner with all government agencies in the fight against global terrorism, EAA appreciates the opportunity the FAA, DoD and DHS have provided the public by allowing us to comment on DOT Docket No. FAA-2004-17178, Airspace Docket No. 03-AWA-7. Sincerely, EXPERIMENTAL AIRCRAFT ASSOCIATION /s/ Randy Hansen EAA Government Relations Director