MIL A-4 MIL ACFT IN PROX OF CTL ZONE; UNAUTH PENETRATION OF CLASS D AIRSPACE WITHOUT XPONDER MODE C EQUIPMENT. HAS NMAC WITH DEP TFC; A SHORTS SD360 ON CLBOUT FROM PSE; PR.

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I DECIDED TO LOOK AT MERCEDITA ARPT; BECAUSE IT IS A POSSIBLE EMER LNDG FOR MIL ACFT IN W-370. NO ONE IN MY SQUADRON HAD EVER LANDED THERE SO I WENT TO LOOK AT IT FROM ABOVE. AS I APCHED FROM THE S; A SHORTS 360 TOOK OFF FROM THE FIELD AND DEPARTED TO THE E. THEY BROADCAST ON CTAF THAT THEY WERE ENRTE SAN JUAN. I DID A 360 DEG TURN OVER THE ARPT AT 6000 FT MSL AND HEADED S. AFTER GOING FEET WET I TURNED E AND BEGAN LOOKING FOR THE SHORTS. I WAS IN A DSCNT FROM 6000 FT TO 1500 FT AT 250 KIAS. I EXPECTED TO OVERTAKE THE SHORTS AND CROSS ITS ALT WHILE HEADING E. I EXPECTED THE SHORTS TO CLB ON AN EASTERLY HEADING THEN TURN L WHEN IT COULD CLR THE MOUNTAINS AND R-7103. I WAS SCANNING INTENSELY TO THE E FOR THE SHORTS. AS I DSNDED THROUGH 3700 FT MSL; I PICKED UP THE SHORTS AT MY 2 O'CLOCK POS; SLIGHTLY HIGH. I ROLLED 90 DEGS L BANK AND PULLED; BUT WE WERE PAST EACH OTHER BEFORE I COULD CHANGE MY FLT PATH SIGNIFICANTLY. I HEARD THE SHORTS CALL SAN JUAN APCH TO RPT OVER PONCE (PSE; PR) AT 4000 FT. (I HAD SWITCHED TO APCH AFTER LEAVING THE AIRFIELD TO GET AN IDEA OF WHERE THE SHORTS MIGHT BE.) I ESTIMATE MY ALT AT 3500 FT VERSUS THE SHORT'S 4000 FT AT THE PASS WITH HIM PASSING A QUARTER MI BEHIND ME. OF NOTE: MY IFF WAS KNOWN TO BE INOP PRIOR TO FLT -- MAKING FLT ADVISORIES UNWORKABLE AND PREVENTING SAN JUAN FROM CALLING ME OUT AS VFR TFC. RECOMMENDATIONS: 1) ELIMINATING THE 250 KT RESTR BELOW 10000 FT. MANEUVERING SPD FOR MY JET (TA-4J) IS 310 KIAS. AT 250 KTS I CAN'T MOVE THE JET. AT 300-350 KTS; I CAN MOVE IT SEVERAL HUNDRED FT IN THE BLINK OF AN EYE WITH A 4-7G TURN; AND NOT WORRY ABOUT AN ACCELERATED STALL. I CAN'T AVOID OTHER ACFT IF MY MANEUVERABILITY IS LIMITED BY LOW AIRSPD. 2) REQUIRE ALL NON PART 103 ACFT TO HAVE AN OPERATING IFF IN CLASS E AIRSPACE (EXCLUDING SPECIAL USE AIRSPACE). CALLBACK CONVERSATION WITH RPTR REVEALED THE FOLLOWING INFO: RPTR STATED THAT HE WAS DSNDING TO 1500 FT AND HEADING E WITH THE INTENT OF RETURNING TO HIS BASE AT NAS ROOSEVELT ROADS NAS (NRR; PR). THE 1500 FT WAS A VFR TFC ALT ALONG THE S COAST OF THE ISLAND BACK TO NRR. TO HIS KNOWLEDGE; THE FLC OF THE SHORTS NEVER SAW HIS ACFT. HE CALLED THE PIC AT THE SJU ARPT AND THE PIC FAILED TO RETURN HIS CALL. RPTR DEBRIEFED HIS COMMANDING OFFICER ON THIS EVENT; RELATING TO ONE OTHER NMAC THAT HAD OCCURRED WITH ANOTHER A-4 ON ACCOUNT OF NO IFF. THE COMMANDER OF THE SQUADRON HE WAS ATTACHED TO KNOWS OF THE A-4'S NOTORIOUSLY UNRELIABLE IFF XPONDERS. APPARENTLY NOT MUCH IS BEING DONE TO CORRECT THIS ACFT EQUIP DEFICIENCY. THIS IS PARTICULARLY DANGEROUS AS THE COMMUTER ACFT IN PUERTO RICO ARE NOT GOING FROM PART 135 OPS TO PART 121. HE SAID THAT THEY ARE GOING TO A CHARTER BASED OP; FAILING TO PLACE TCASII IN THE ACFT ON ACCOUNT OF FINANCIAL ASPECTS AND REDUCING CREWS FROM 2 TO 1 PLT. THERE IS AN EXTREMELY HIGH POTENTIAL OF AN NMAC OR ACTUAL COLLISION IN THIS REGION WITH THE A-4'S AND THE COMMUTERS RUNNING AROUND WITHOUT XPONDERS AND LACK OF RADAR TA SVC.