James Harvey Bemiss Jr.

On first call the need for a change in present regulation is entirely unnecessary. One accident in 40 years of operation of the “NY Corridor” does not in any way demonstrate the need for revisions in the current operating procedures and regulations. The change is a knee-jerk reaction driven totally by political pressure principally from the loudmouth senator from the State of New York, Charles Schumer, along with the equally uneducated senator from New Jersey, Frank Lautenberg. The proposal to compress all “transitioning” traffic into a layer of 300’ is a recipe for disaster. Additionally, while raising the ceiling of the exclusion to 1,300’ may be beneficial, the potential for a conflict with traffic authorized to be in the Class B airspace at 1,500 traveling northbound is present. Controllers repeatedly state that they are unable to resolve altitude resolution discrepancies of less than 200’. The previous ceiling at 1,100’ allows for ample room to avoid conflict; the new proposal does not. Lowering the “non-transitioning traffic” to 700’ would provide for a margin of safety, while leaving the present ceiling at 1,100’ would reduce the conflict with transitioning traffic in the Class B under radar control at 1,500’. The requirement to use standardized checkpoints to self-announce while in the exclusion is a good one. However, checkpoints need to be useful and clearly visible both day and night. A test should be conducted employing pilots who have studied the proposed charting but have not flown in the exclusion to verify the viability of the selected checkpoints. All onerous regulations, aviation or otherwise, encourage individuals to find ways to subvert them. If one wants to sightsee, simply turning off the Mode C or the transponder entirely will eliminate the possibility of being “tagged” but will clearly create a dangerous situation. The FAA must not bow to the pressure of grandstanding politicians. No changes/additional regulations are required.