P31 CTLR SPOKESMAN ALLEGES NMAC BTWN A NAVY T-34 TRAINER AND AN ACR MD80 E OF PNS ARPT.

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AN MD80 FLT CLBING OFF PENSACOLA REGIONAL ARPT ENCOUNTERED A NAVY T-34 PRACTICING AEROBATIC MANEUVERS 8 MILES E OF PNS AT APPROX 7000 FT. TFC WAS ISSUED TWICE TO THE MD80 AND A RESTRICTION WAS PLACED ON HIS CLB BY ATC IN AN ATTEMPT TO HELP THE MD80 AVOID THE AEROBATIC T-34. DESPITE THESE EFFORTS; THE T-34 EXECUTED AN AEROBATIC MANEUVER THAT BROUGHT HIM WITHIN 100 FT HORIZLY OF THE MD80 AND THROUGH THE MD80'S ALTITUDE. THE MD80 REPORTEDLY TOOK AN ABRUPT EVASIVE ACTION TO AVOID THE T-34; AND ITS PLT FILED A NMAC RPT WHEN HE LANDED. OVER THE LAST SEVERAL YRS; PENSACOLA'S TRACON CTLR'S HAVE MADE MANY COMPLAINTS ABOUT THE NAVY CONDUCTING AEROBATIC MANEUVERS IN AND AROUND OUR ARR AND DEP GATE; AND V198/241; TO NO AVAIL. THE US NAVY RESPONSE TO THE COMPLAINTS IS THAT THEY ARE OPERATING OUTSIDE OF CLASS C AIRSPACE AND THEREFORE HAVE NO REQUIREMENT TO RESTRICT THEIR ACTIVITIES NOR TO RECEIVE TFC ADVISORIES FROM ATC. MY CONTENTION IS THAT JUST BECAUSE AN OP IS LEGAL DOES NOT MEAN IT IS SAFE; TO THOSE CONDUCTING THE OP; OR TO THE FLYING PUBLIC WHO MAY ALSO BE PUT AT RISK.