[Scan-DC] ADIZ Is Killing GA In D.C. Without Improving Security

[Alan Henney]

Aviation Daily / January 23-- 
GA Advocates Say ADIZ Is Killing GA In D.C. Without Improving Security

By Kerry Lynch

The Air Defense Identification Zone over Washington, D.C. is an
"idiot's game" that is killing light general aviation in the area,
costing the economy millions of dollars and jeopardizing safety -
while not accomplishing its intended purpose of enhancing security,
airport managers, pilots and industry advocates told the government
last week. Nearly 14 general aviation advocates spoke to an audience
of some 150 attendees during the afternoon session of a public hearing
last week to protest the Federal Aviation Administration's proposal to
make permanent the ADIZ that was established as a temporary measure.

The speakers voiced what more that 20,000 commenters already have told
FAA in comments to the docket (BA, Oct. 24/187).

Wednesday's hearing at Dulles Airport was the second of two public
sessions that FAA held that collectively drew more than 500 people.
Representatives from a cross-section of government agencies - FAA, the
Department of Homeland Security, the Secret Service, Department of
Defense, Transportation Security Administration and Customs and Border
Protection - sat on a panel during the hearing but made no statements
and asked no questions.

Aircraft Owners and Pilots Association President Phil Boyer warned
that several congressional leaders have taken an interest in the issue
and urged the panelists, "Let's solve this problem before Congress
gets involved." Boyer said 90 percent of the comments have flowed in
from pilots and industry advocates who live outside the Washington,
D.C. area. "They fear that the same thing that was done to Class B
airspace here in this city could happen to 29 other places around the
country," Boyer said.

The federal government already has put in place a number of measures
to improve security, ranging from establishing a toll-free number to
report suspicious activity at GA airports, to setting up laser systems
that alert pilots who stray into the restricted airspace by mistake,
to positioning surface-to-air missiles around Washington to guard
against terrorist attacks, Boyer said. "AOPA understands the need to
protect our nation's capital," he said. But he added that several
studies, including one from the Government Accountability Office, have
shown that general aviation is an unattractive means for terrorism. He
also cited a recent Congressional Research Service report that called
the ADIZ unnecessary and urged the panelists, "Don't take this bad
idea and make it permanent."

Other speakers expressed similar sentiments, stressing their belief
that the ADIZ is not making the area more secure. "The ADIZ does not
in any way reduce the ability of a terrorist to fly into the area,"
said National Air Transportation Association President James Coyne.
"The only difference is that the terrorist is willing to put up with
the hassle." Law-abiding pilots, he said, are not. They will stop
flying rather than put up with the aggravation of the ADIZ.

Tom Bush, a U.S. Navy F-18 Hornet pilot who flies into the area when
he has work with the National Reconnaissance Office, outlined an
approach into Dulles Airport that he frequently takes. He noted a
point where he takes a left turn to make a final approach into Dulles.
He said a terrorist - who up until then might be complying with all of
the requirements of the ADIZ - could make a right-hand turn at that
same point and be over downtown D.C. within four minutes.
Administrative procedures, he said, do not ensure security. "Freedom
and security are polar opposites, and I am not willing to give up my
freedom for the sake of terrorists," he said.

"The real problem is the armed defenders can't tell friend from foe,"
said David Wartofsky, who manages Potomac Airfield, which is situated
just minutes from the White House. Wartofsky warned that "mistakes can
happen," citing a case in Peru where an airplane carrying missionaries
was mistakenly shot down. He suggested that, rather than implementing
a permanent ADIZ, the government keep the 15-mile flight-free zone,
which could "pop out" to encompass a larger area in times of national
emergencies.

Several of the speakers highlighted other mistakes that have been made
as a result of the ADIZ. Boyer recalled an instance when his wife was
flying their Cessna 172 between Frederick, Md., and Carroll County
Regional Airport in Westminster, Md. While both airports are outside
the ADIZ, she was threatened with enforcement action for violating the
ADIZ. Boyer was able to obtain radar tapes to prove there was no ADIZ
violation (the 172 is equipped with an automatic dependent
surveillance-broadcast unit), but it took months to resolve the issue,
and Boyer said his wife "went through hell." She has flown maybe 10
hours since the summer 2003 incident, he said.

Others told similar anecdotes, including Ford Ladd, an attorney who
represents defendants in such FAA enforcement cases. He noted that
clients tend to plead out their violations rather than go through the
expense and hassle of fighting them. Ladd cited a case in which his
client was told that a transponder that failed would not serve as a
defense for the violation and another case in which avoidance of a
mid-air collision was not accepted as a defense.

Others focused on the financial burdens imposed by the ADIZ. Matt
Zuccaro, president of the Helicopter Association International, noted
that the restrictions have nearly decimated the commercial helicopter
industry in the Washington, D.C. area and have cost millions. Zuccaro
cited operators such as America Rising that have sold their assets and
gone out of business. Whit Baldwin, president of HeloAir, a commercial
helicopter services company, formerly had four substantial
competitors, but his is now the only one of the five still in
business. While most businessmen would like to say they've eliminated
their competition, he said, in this case the loss of competition sends
a bad signal. His own company has lost a fair amount of contract work
with companies such as Circuit City because of the ADIZ restrictions.

Airports also have suffered. Michael Mulligan, a pilot based at Tipton
Airport in Maryland, noted that investors have pulled out of a
development project there, and Dennis Boykin, vice chairman of
Leesburg Executive Airport Commission, said piston-engine business at
the airport is evaporating. He said developers have pulled out of a
self-service fuel project and the fixed-base operator has cut line
staff by 60 percent. This downturn is at an airport situated in one of
the fastest-growing and wealthiest counties in the nation, he noted.