December 19, 2003

VIA FACSIMILE (ADD)

Andrew B. Steinberg
Chief Counsel
Federal Aviation Administration

Dear Mr. Steinberg:

As you know, the Commission continues to discover, through interviews at FAA field
offices, information relevant to the events of September ]/l, 2001 that, for whatever
reason, has not been produced to the Commission. I understand this issue was the subject
of a meeting between our respective staffs last Friday/and I hope that these matters have
now been resolved. I also understand that, in the interest of clarity, you have requested a
document setting forth the precise universe of tapes the Commission is requesting from
the FAA; that document is attached hereto. Let me address a couple of important points
with respect to it.

First, the attached request in no way amends or alters the information sought in the
Commission's subpoena to the FAA. Specifically, the Commission's subpoena requested
"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." That requirement still stands. The attached document merely
identifies additional specific re-recordings the Commission is seeking.

Second, I am informed that because of the Commission's need to time stamp some of the
data received, we will not be able to take advantage of the FAA's capability with respect
to voice activated recording. Accordingly, the FAA should produce complete tapes of
the positions and time frames requested, even if such tapes contain blank air.

Finally, with respect to the procedures for conducting our interviews, I understand that
my office has sent to you the Commission's agreement with the Department of Justice.
Our process has not been to negotiate separate agreements with each of the agencies
involved in our investigation. Having said that, by this letter please be advised that the
Commission does not object to the inclusion of representatives from the National Air
Traffic Controllers Association (NATCA) in the Commission's interviews with
bargaining unit employees.

I hope this correspondence serves to clear up any ambiguities that may have previously
existed. If your understanding of these matters differs in any way, or if you have any
questions with respect to our requests, please let me know immediately. Otherwise, I will
assume that we are in accordance and that our request will be fulfilled forthwith.

Sincerely,
Daniel Marcus
General Counsel

Attachment
 9-11 Commission Request
Regarding Air Traffic Control Tapes
The Commission is seeking re-recording of tapes at the times, positions and locations
specified below:

(1) Air Route Traffic Control Centers - ZNY, ZBW, ZDC, ZIB & ZOB

(a) Re-recordings of voice tapes from all phone lines (both "landline" and
"VSCS") in the Traffic Management Unit (TMU), all phone lines associated with
the Operational Manager hi Charge (OMIC) position and/or Air Manager in
Charge (AMIC), and all phone lines associated with the Military Operations
Specialist (MOS) position from 8:30 am to noon on September 11, 2001.

(b) Re-recordings of voice tapes from all phone lines (both "landline" and
"VSCS") that were involved in a teleconference with either the ATCSCC, FAA
Headquarters, or a Regional Center.

Air Traffic Control System Command Center (ATCSCC)

Re-recordings of voice tapes from all recorded phone lines (both "landline and
VSCS") within the ATCSCC from 8:30 - 10:30 am on September 11, 2001.

(3) Terminal Radar Approach Control (TRACON) - New York and Dulles

(a) Re-recordings of voice tapes from all phone lines (both "landline" and
"VSCS") in the Traffic Management Unit (TMU), all phone lines associated with
the Operational Manager In Charge (OMIC) position and/or Air Manager in
Charge (AMIC), and all phone lines associated with the Military Operations
Specialist (MOS) position from 8:30 am to noon on September 11, 2001.

A couple of important notes:

(1) The Commission is only seeking additional tapes from the facilities
specified above.
(2) The Commission is not seeking duplicates of tapes that have already been
produced. For example, it appears that the Cleveland Center followed the
Commission's original guidance and produced 4-hour block recordings of
TMU, OMIC and MOS positions. Other Centers — such as Indianapolis ~
do not appear to have provided continual blocks of time but rather snippets
of "pertinent communications." This request seeks re-recordings of
complete and continual blocks of time (i.e. 0800-1200) of the channels
specified above; it does not seek an exact duplicate of a tape already
provided.