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US Deportment of Transportation Federal Aviation Administration

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

Thomas H. Kean Chair, National Commission on Terrorist Attacks Upon the United States 301 Seventh Street, S.W., Room 5125 Washington, B.C. November 17,2003

Re:

Subpoena Duces Tecum to Federal Aviation Administration, dated October 16, 2003

Dear Chairman Kean: Pursuant to the October 16,2003, Subpoena Duces Tecum from the National Commission On Terrorist Attacks Upon The United States, please find enclosed the Response of the Federal Aviation Administration. Sincerely,

Jan^es S. Dillman Assistant Chief Counsel for Litigation Enclosure

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NATIONAL COMMISSION ON TERRORIST ATTACKS UPON THE UNITED STATES

In re Matter of The Subpoena Duces Tecum, Dated October 16,2003, and Served Upon The Federal Aviation Administration

RESPONSE TO SUBPOENA DUCES TECUM
The Federal Aviation Administration (FAA) responds to the Subpoena Duces Tecum, dated October 16, 2003, from the National Commission on Terrorist Attacks Upon the United States (Commission), as follows: 1. All documents relating to the Federal Aviation Administration's tracking of hijacked aircraft on September 11, 2001, including -without limitation communications with NORAD. RESPONSE; As to that portion of the demand pertaining to the "tracking" of hijacked aircraft, see documents (and associated indices) produced by the FAA on May 28th, June 5th, June 9* and July 9 of 2003, in response to the Commission's First Request for Documents, dated May 7,2003. More particularly, see the documents produced and identified in paragraph 2 of the FAA's May 28,2003, response to the Commission's First Request for Documents. See also documents (and associated indices) produced by the FAA on July 18*, and July 29th of 2003, in response to the Commission's Second Request for Documents, dated July 2, 2003. More particularly, see documents produced and identified in paragraphs 5 and 7 of the FAA's July 18,2003, response to the Commission's Second Request for Documents. See also documents produced and tape recordings produced with the September 26,2003 and October 14, 2003, letters from FAA representative Shirley Miller to the Commission. As to that portion of the demand pertaining to communications with NORAD, by letter dated July 18,2003, Shirley Miller provided the Commission with more than 150 tape re-recordings from 15 FAA facilities, along with associated transcripts and other pertinent documents which, until that time, and per FBI instructions, the Agency was not authorized to produce. These documents were gathered and provided to the Commission in accordance with the guidelines set forth in FAA Order 8020.11, Aircraft Accident And Incident Notification. Investigation. And Reporting. The tapes and associated transcripts produced to the Commission on this date included all communications with the hijacked aircraft, as well as pertinent communications with military entities, including the Northeast Air Defense Sector (NEADS) and Otis Air Force Base. See also 4 cassette tape recordings of communications between FAA facilities and Otis Air Force Base and Langley Air Force Base, referenced in Shirley Miller's September 26,2003, letter to the

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Commission. In addition, on October 10,14,16,22 and 24,2003, additional re-recordings and transcripts were provided that include commnnications between the FAA and military entities, some of which are duplicative of the July 18, 2003 submission. There are no tapes/transcripts of communications between any FAA facility and NORAD Headquarters because at that time, there were no direct links with that entity over recorded lines. To the extent any such communications may have occurred (and we have no knowledge of any), they took place over nonrecorded commercial lines. Pursuant to follow-up requests, the FAA provided the Commission with additional peripheral documents not of the type customarily gathered and/or produced in accordance with Order 8020.11. Because the production of these additional materials prompted questions by the Commission about the scope of the FAA's initial response, the FAA's Director of Air Traffic (AAT-1) directed by memorandum of October 8,2003 (attached at Tab 1) that in addition to the agency's accident files, the Office of Air Traffic was to provide the Commission with "all other documentation in any way related to the events of 9/11, [including]... after action reports, QA materials, email, personal notes, etc." The memorandum farther advised that, [T]he Commission wants re-recordings of voice tapes from all landlines in the Traffic Management Unit, all landlines associated with the OMIC/OSIC positions(s), and any other hotline that may have been activated with either the ATCSCC, FAA Headquarters Situation Room, or Regional Command Center between the hours of 0800-1400 EST on 9/11/01 be made. By memorandum dated October 14,2003 (attached at Tab 2), the FAA Administrator directed the Agency's Management Board to take similar action. In response to the above memoranda, die FAA has provided the Commission with additional materials, portions of which are redundant of the information/materials provided in response to earlier requests. Between October 14,2003 and October 24, 2003, the FAA produced to the Commission more than 50 boxes of documents, along with a lengthy, detailed Master Index. Thereafter, on October 28,2003, the FAA provided the Commission with 20 additional re-recordings from New York TRACON and over 300 pages of office and computer files from the Office of Air Traffic Investigations in the FAA Headquarters (a detailed index to which is attached at Tab 3). Included in these files were email correspondence to and from field facilities, draft or preliminary transcripts involving communication with or about the hijacked flights, and partial chronologies of the events of September 11,2001. Additional materials have since been received from responding units and are attached at Tab 4. They include: (1) Email from Eastern Region Air Traffic Quality Assurance (AEA-505), dated 10/21/03, Subject: 911 Commission Response to Inquiry re communications with Military on 9/11;

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(2) FAA Headquarters, AAT-200 Situation Room Log; (3) Internal Indianapolis Center memorandum on radar coverage; (4) FAA Headquarters Internal Briefing Document created by AAT-200; (5) Certification letter from Portland Tower; (6) Certification letter from Newark Tower; (7) Cleveland Center Letter of Agreement with Air Defense Missions; (8) Survey from Newark Tower concerning responses from all ATC specialists to inquiry regarding possible possession of documents related to events of September 11,2001; (9) Power point presentation from the 84th Radar Evaluation Squadron, dated 9/14/01; (10) Certification memorandum from LaGuardia Tower concerning responses from all ATC specialists to inquiry regarding possible possession of documents related to events of September 11, 2001; (11) Certification letter from New York TRACON concerning responses from all ATC specialists to inquiry regarding possible possession of documents related to events of September 11, 2001; (12) Certification letter from Washington Reagan Airport Tower concerning responses from all ATC specialists to inquiry regarding possible possession of documents related to events of September 11,2001; (13) Certification letter from Potomac TRACON concerning responses from all ATC specialists to inquiry regarding possible possession of documents related to events of September 11,2001; (14) Email certification from Norfolk Tower concerning responses from all ATC specialists to inquiry regarding possible possession of documents related to events of September 11, 2001; (15) Certification letter from Boston Center concerning responses from all ATC specialists to inquiry regarding possible possession of documents related to events of September 11,2001; (16) Certification letter from Indianapolis Center concerning responses from all ATC specialists to inquiry regarding possible possession of documents related to events of September 11,2001; (17) Air Traffic Services Maintenance Alert dated 9/14/01; (18) Air Traffic Services Maintenance Alert dated 9/17/01; (19) Certification letter from Washington Center concerning responses from all ATC specialists to inquiry regarding possible possession of documents related to events of September 11,2001; (20) Two cassette tapes and partial transcript from Air Traffic Control System Command Center, position 16, from September 11,2001 covering 1215-1515 (UTC); (21) NTSB request to the FAA for accident investigation support, dated September 20,2001 and FAA HQ email request to field; (22) Internal Air Traffic summary of lOU's for field and HQ, not dated; (23) Notes from the Air Traffic Office of Investigations on September 11, 2001; (24) Email from Eastern Region Air Traffic; dated September 19,2001; (25) Email from New England Region Air Traffic; dated September 26, 2001;

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(26) Copy of downloaded pager messages from Air Traffic Office of Investigations; dated September 11,2001; and (27) FAA Alert Bulletins on the four hijacked aircraft, dated September 11, 2001. The FAA has devoted considerable resources toward the accomplishment of the Commission's requests. The recent compilations of the more than 640 re-recordings alone, prepared in conjunction with the October 8,2003 memorandum, required the expenditure of more than 4,700 man-hours, and at a cost of more than 5280,000. 2. Any document — whether in draft or final form -prepared by the U.S. Department of Transportation ("DOT"), the Federal Aviation Administration ("FAA"), any of their components, or any of their employees, as after-action or other evaluations ofDoT's or FAA's response to the events of September 11, 2001, including without limitation all documents prepared by Steve Brown regarding the ATC'response to the events of September 11, 2001. RESPONSE: See documents produced and identified in paragraphs 2, 3, 43 5, & 8 of the FAA's June 5,2003, response to the Commission's First Request for Documents, dated May 7,2003, as well as documents provided with August 13,2003 and October 14, 2003, letters from Shirley Miller to Dana Hyde. Jh addition, see the following documents attached at Tab 5: (1) New England Regional Operations Center (ROC) After Action, dated September 18,2001; (2) Great Lakes Regional Operations Center (ROC) After Action, dated October 2001; (3) Great Lakes Public Affairs After Action, dated October 2001; (4) Washington HQ International Aviation Directorate After Action emails, dated September 24,25, and 26,2001, and June 17,2003; (5) Miami Flight Standards District Office After Action, dated October 2001; and (6) Houston Flight Standards District Office After Action email, dated October 3,2001. No documents are known to have been prepared by Steve Brown regarding the ATC response to the events of September 11,2001. 3. All interview memoranda or other records ofDoT and FAA interviews of the ATC controllers and supervisors involved in tracking or communicating with the hijacked aircraft on September 11, 2001. RESPONSE: See summary of interviews with Cleveland ARTCC controllers involved in the handling of UAL Fit. #93 (provided to the Commission on October 28, 2003). See also documents produced and identified in paragraphs 3 and 7 of the FAA's

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July 18,2003, response to the Commission's Second Request for Documents, as well additional personnel statements provided to the Commission between October 14,2003, and October 24,2003. 4. All interview memoranda or other records ofDoT and FAA interviews of the personnel who were located in the FAA Washington Operations Center, the FAA Aviation Control Center, the FAA Security Directive Working Group Room, the FAA Regional Control Centers for the New England, Eastern and Great Lakes Regions, and the DoT Crisis Management Center on September 11, 2001. RESPONSE: No such documents were created. 5. All logs, tapes, and transcripts of FAA communications with NORAD on the morning of September 11, 2001. RESPONSE: See response to paragraph #1 above. See also previously produced Bulletin/Timeline referenced in paragraph 1 of and attached to September 26,2003, letter from Shirley Miller to the Commission. 6. All logs, tapes, and transcripts of internal FAA communications, including phone conversations among FAA locations, concerning aircraft presumed to be hijacked on September 11, 2001. RESPONSE: See response to paragraph #5 above. See also previously produced New England Regional Operations Center Log referenced in paragraph 2 of and attached to September 26,2003, letter from Shirley Miller to Dana Hyde, as well as those tapes, chronologies and transcripts discussed as part of the response to paragraph #1 above that were provided to the Commission on October 28,2003. In addition, please find the following attached at Tab 6: (1) New England Regional Operations Center (ROC) log, dated September 11,2001; (2) New England ROC notes, dated September 11,2001; (3) New England ROC Situation Report, dated September 11,2001; (4) New England Air Traffic Division timeline, dated September 11,2001; (5) Great Lakes ROC Daily Record of Facility Operation, dated September 11,2001; (6) Great Lakes ROC log, dated September 11,2001; (7) Chronology prepared by Air Traffic, dated September 2001; (8) Chronology prepared by HQ Air Traffic, dated September 2001; (9) Briefing paper prepared by HQ Air Traffic, dated September 2001;

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(10) Email from Eastern Region Air Traffic with sequence of events at Pittsburgh Tower; (11) Advisories issued by the Air Traffic Control System Command Center on September 11,2001; (12) Air Traffic Control System Command Center Summary of Air Traffic Flow Initiatives on September 11,2001; (13) Internal Information Paper/Chronology prepared by FAA Headquarters in June 2003. (NOTE: This paper/chronology was assembled from various separate chronologies which then existed. The separate chronologies were provided to the Commission on July 18. The FAA disclosed the development of this summary document to Commission staff in early June 2003.); and (14) Summary of Air Traffic Hijack Events created by AAT-20, dated September 2001.

DATED: November 17,2003 . Dillman Assistant Chief Counsel for Litigation Federal Aviation Adrninistration