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June 13, 2003
Thomas H. Kean CHAIR Lee H. Hamilton VICE CHAIR Richard Ben-Veniste Max Cleland Frederick F. Fielding Jamie S. Gorelick Slade Gorton John F. Lehman Timothy J. Roemer James R. Thompson

Ms. Rosalind A. Knapp U.S. Department of Transportation Federal Aviation Administration 800 Independence Ave., SW Washington, DC 20591 Dear Lindy: Thank you for arranging the recent briefing for our staff at the FAA Operations Center. It was quite informative, and we look forward to following up with you on a number of the matters that were discussed. As you know, on May 7,2003, the Commission submitte'd; to the Department of Transportation Document Request No. 1 (attached hereto), which asked the Department to provide the Commission with eight categories of documents by May 14,2003. In response to that request, the Commission received three installments of documents; the first on May 28,2003, the second on June 5, 2003, and the third on June 9, 2003. Each of these sets was accompanied by a cover letter signed by the Senior Counsel to the Deputy Administrator, Shirley Miller, identifying the categories in response to which the documents were being produced (also attached). In order to complete our records, please clarify in writing whether the Department of Transportation has now provided the Commission with all of the documents sought by Document Request No. 1. Specifically, please address whether the Department has provided the Commission with (1) "All documents relating to the FAA's tracking of hijacked airliners on 9/11/01, including without limitation communications with NORAD" (DOT Request No. 1, Item No. 5); and (2) "After action reviews or self-assessment reports concerning the FAA's handling of the hijacked airliners on 9/11/01" (DOT Request No. 1, Item No.7). Thank you for all your assistance, and we look forward to hearing from you. Sincerely,

Philip D. Zelikow EXECUTIVE DIRECTOR

)aniel Marcus General Counsel Attachment
301 7 lh Street SW, Room 5125

cc: Ms. Shirley S. Miller, Senior Advisor

Washington, DC 20407 T 202.331.4060 F 202.296.5545 www.9-1 lcommission.gov

Thomas H- Ksan
CHAIR

DOT DOCUMENT REQUEST No. 1 The National Commission on Terrorist Attacks Upon the United States (the "Commission") requests that the U.S. Department of Transportation (the "respondent") provide the Commission with copies of the following documents no later than May 14,2003 (the "production date"): 1. FAA plans and procedures concerning hij acked airliners in effect on 9/11/01, and current plans and procedures regarding the same, 2. Protocols between the FAA and NORAD concerning hijacked airliners in effect on 9/11/01, and current protocols regarding the same. 3. Protocols between the FAA and law enforcement agencies, including without limitation the U.S. Secret Service, in effect on 9/11/01, and current protocols regarding the same. 4. FAA organizational charts, current and in effect as of 9/11/01. 5. All documents relating to the FAA's tracking of hijacked airliners on 9/11/01, including without limitation communications with NORAD. 6. FAA command center logs for 9/11/01, 7. After action reviews or self-assessment reports concerning the FAA's handling of the hijacked airliners on 9/11/01. 8. All documents provided to the Joint Inquiry by the Department of Transportation, The Commission requests that documents requested above be provided as soon as they are available, even though all requested documents may not be provided at the same time, through means of a "rolling" production. If any requested documents are withheld from production, even temporarily, based on an alleged claim of privilege or for any other reason, the Commission requests that the respondent, as soon as possible and in no event later than the production date, identify and describe each such document or class of documents, as well as the alleged basis for not producing it, with sufficient specificity to allow a meaningful challenge to any such withholding.
TEL (202) 331^1060 FAX (202) 296-5545 irww.S-llcommission-gov

Lee R Hamilton
VICE CHA1X

Richard Ben-Veniste Max Qeland Fred F. Fielding Jamie S. Gorelick Slade Gorton John Lehman Timothy J. Roetner Jimes R. Thompson

Philip D.
EXECUTIVE DIRECTOR

TOT DOCUMENT REQUEST No. 1 Page 2

If the respondent does not have possession, custody or control of any requested documents but has information about where such documents may be located, the Commission requests that the respondent provide such information as soon as possible and in no event later than the production date. If the respondent has any questions or concerns about the interpretation or scope of these document requests, the Commission requests that any such questions or concerns be raised with the Commission as soon as possible so that any such issues can be addressed and resolved prior to the production date. May 1,2003 Daniel Marcus General Counsel

Deputy Administrator

800 Independence Ave, SW Washington, DC 20591

U.S. Deportment of Transportation Federal Aviation Administration

28 2003
National Commission on Terrorist Attacks Upon the United States 301 7th Street S.W. Room 5125 Washington, DC 20407 Dear Ms. Hyde: Enclosed please find the Federal Aviation Administration's (FAA) first submission, which responds to DOT Document Request No.l. This first group of documents partially addresses item numbers 1,5 and 6, and fully responds to item number 4 on the list, At the May 19 meeting in DOT's Deputy General Counsel office, there was discussion about much of the FAA security responsibilities concerning hijacked airliners transferring to the Transportation Security Administration (TSA), when the organization was established - specifically item numbers 1 and 3. This information has to be obtained from them. Also, the FAA's response to the Joint Inquiry, item number 8, will be provided by TSA. As additional FAA documents become available, we will forward them to the Commission. If you have any questions, please contact me at 202-267-8111. Sincerely,

Shirley S. Miller Senior Advisor Enclosure

cc:
Mr. Adam G. Ciongoli, Department of Justice Ms. Rosalind A. Knapp, Department of Transportation

'A!.

Index to Initial Document Response to DOT Document Request No. 1 May 28, 2003 1. Federal Aviation Administration Organizational Charts: August 2001; September 11,2001; March 2003 (response to Commission documentation request #4), 2. Command Center, Hemdon VA, 9/11 Package: Daily Record of Operation; NOTAMs; Command Center Advisories; Radar Data; Chronology (partial response to Commission request #5 and #6). 3. FAA Crisis Management Handbook, Chapter 4 Air Piracy (FOUO). This section includes the Pre and Post-9/11 Air Piracy chapters (partial response to Commission request #1). 4. Washington Operations Center 9/11 Chronology (response to Commission request #6). 5. Eastern Region Operations Center Log 9/11 (response to Commission request #6). 6. Washington Operations Center Guide list prior to 9/11 (partial response to Commission request #1).

US Department otTransponation Federal Aviation Administration

Office of the Deputy Administrator

800 Independence Ave., S.W. Washington, O.C. 20S91

JUN " 5
National Commission on Terrorist Attacks Upon the United States 301 7th Street, SW Room 5125 Washington, DC 20407 Dear Ms. Hyde: Enclosed please find the Federal Aviation Administration's (FAA) second submission, which responds to DOT Document Request No.l. This group of documents address item numbers 1 and 7. As indicated in prior communication, the FAA's response to the Joint Inquiry, item number 8, will be provided by TSA. In addition, we are providing a listing of data from the FAA facilities that handled the four hijacked aircraft As additional FAA documents become available, we will forward them to the Commission. If you have any questions, please contact me at 202-267-8111.

Sincerely,

Shirley S. Miller Senior Advisor cc: Mr. Adam G. Ciongoli, Department of Justice Ms. Rosalind A. Knapp, Department of Transportation

US Department of Transportation Federal Aviation Administration

Office of the Deputy Administrator

800 Independence Ave., S.W. Washington, D.C. 20591

June 9,2003 National Commission on Terrorist Attacks Upon the United States 301 7* Street, SW Room 5125 Washington, DC 20407 Dear Ms. Hyde: Enclosed please find the Federal Aviation Administration's (FAA) third submission, which responds to DOT Document Request No.l. These are additional documents that address item number 1 on the DOT Document Request list. In addition, we are providing an excerpt from FAA Order 7210.3, describing time standards for Air Traffic Control facilities. If you have questions, please contact me at 202-267-8 111, Sincerely,

Shirley S. Miller Senior Advisor

cc: Mr. Adam G. Ciongoli, Department of Justice Ms. Rosalind A. Knapp, Department of Transportation

' AA

Index to Third Document Response to DOT Document Request No. 1 June 9,2003 1. FAA Plans and Procedures Concerning Hijacked Aircraft Pre and Post-9/11 (response to Commission request #1).

1. FAA Air Traffic planning and procedures MOU's inWect prior to 9/11/01: • MOUs between DoD (to include NORAD) and FAA, and between law enforcement organizations and FAA, are included as appendices in FAA Order 7610.4J, Special Military Operations. This order also includes the current version of the SCATANA (Security Control of Air Traffic and Navigation Aids) that was in effect at that time. Though these SCATANA procedures are obsolete and are currently being replaced with updated ESCAT (Emergency Security Control of Air Traffic) procedures. > > > > > > > > > > > > > > > > > > Appendix 1- pages Al-1 through Al-4 Appendix 2- pages A2-1 through A2-3 Appendix 3- pages A3-1 through A3-2 Appendix 4- pages A4-1 through A4-2 Appendix 5 - pages A5-1 through A5-2 Appendix 6- pages A6-1 through A6-2 Appendix 7- pages A7-1 through A7-2 Appendix 8•page A8-1 Appendix 9-pageA9-l Appendix 10-page A10-1 Appendix 11 - pages Al 1-1 through Al 1-2 Appendix 12 - pages A12-1 through A12-3 Appendix 13 - pages A13-1 through A13-2 Appendix 14 - pages A14-1 through A14-2 Appendix IS - pages A15-1 through A15-3 Appendix 16 - pages A16-1 through A16-3 Appendix 17 -pages A17-1 through A17-9 Appendix 18 - pages A18-1 through Al 8-2

2. Additional FAA Air Traffic planning and procedures MOUs in effect after 9/11/01: All documents listed in paragraph 1 above were in effect prior to 9/11/01 and remain in effect. Additionally, the following documents were put into effect since 9/11/01: • Notice 7610.73, FAA Authorization for Interceptor Operations (AF10) and AF10 MOU (und*/ 5t^7<xv7tf^ $££, CAV-V*- p«.tj€&) • Mandatory Briefing Item on Unlawful Interference—Hijack/Bomb (Threat) Aboard Aircraft—Procedures and Signals, AAT-1 Memo to Regional Air Traffic Division Managers* dated April 1,2003 • Memo from AAT-1 to Regional Air Traffic Division Managers on Nuances of Crew Training Common Strategy for United States Air Carriers, dated April 1,2003

tlON

omas H. Kean CHAIR : H. Hamilton
VICE CHAIR

FAX COVER SHEET To: Lindy Knapp Fax No.: (202) 366-3388 From: Dan Marcus Date: June 13,2003 Pages, including cover: 10

hard Ben-Veniste jcCleland :d F. Fielding nie S. Gorelick de Gorton in Lehman nothyj. Roemer nes R. Thompson

ilip D. Zelikow
ECUTIVE DIRECTOR

TEL (202) 331-4060 FAX (202) 296-5545 www.9-1 lcommission.gov

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* * COMMUNICflTION RESULT REPORT ( JUN.13.2003 6:21PM ) * * * TTI OPTION ftDDRESS £GROUP) RESULT 3663388 OK

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Thomas H. K&ui
CHAIR

FAX COVER SBEET

LeeH. tlamilwa
VICB CHMR

To: Lindy Knapp Fax No.: (202) 366-3388 From: Dan Marcus Date: June 13,2003 Pages, including cover: 10

Rkhard Ben- Veniste

Fted F. Fielding Jamie S. Gorelick Skde Gorton John Lehman Timothy J- Roemer James R. Thompeon Philip D. Zelikow
EXECUTIVE DIRECTOR