DOM Level 3 binding and XML Decl as PI

Maybe the place to deal with some implementations representing with XML declaration with a PI node is in the definition of the "bootstrapping" part of DOM Level 3.  Basically, say that if a document is loaded through the DOM Level 3 "bootstrapping" binding, XML declarations are not represented (or at least not represented as a PI).  When accessed through their existing APIs, implementations can continue their current behavior to avoid breaking compatibility with applications that depend on that behavior.