Released_Pardew_GASec_November 2015_V5N4

Focusing on security and safety issues within general avia on.

Vol. 5 No. 4 November 2015

Tuskegee Airmen We interview the new Squadron Leader

for the CAF’s Red Tail Squadron.

Lasers and Airplanes

Legal writer Wendy Mia Pardew

examines lasers, airplanes, and the law.

Small UAVs and Law Enforcement

We examine how drones can be used to

assist or confound police.

4

Background photo: Thunderbird 6 streaks by.

Photo credit: Dave Hook

A Flight A endant’s View

Le ng Go Like a Leaf in the Fall

By Aleca King

Aleca shares the colors of fall in

New York City and her insights for

inner peace during the Holidays. 50

Red Tails

An Interview with Bill Shepard

We talk with the new squadron leader of

the Commemora ve Air Force’s Red Tail

Squadron, Bill Shepard about

the Tuskegee Airmen and the

Rise Above program. 22

Legal News You Can Use

Luke, Lasers, and Illumina on

By Wendy Mia Pardew, Esq.

Wendy peers into the world of laser beams,

aircra , and hazards to flyers.

10

Thunderbird for a Day Photos of NBA Coach Becky Hammon Photos tell the story of San Antonio Spurs Assistant Coach Becky Hammon’s VIP ride with Thunderbird 8 and fellow South Dakotan Major Sco Petz. 40

5

Front cover photo: Red Tails’ P‐51C Mustang and 99 FTS T‐1A Jayhawk forma on.


Back cover photo : Thunderbird lead pulls up and away from his wingmen.


Staff Opinion

One Million Holiday Drones

By Dave Hook, Publisher

Dave examines the issue of sharing the U.S.

Na onal Airspace with the predicted

one million gi ed drones this season. 7 2015 Joint Base San Antonio Air Show Performances in photos We cover the fly‐bys, precision flying demon‐stra ons, and general aerial shenanigans of the long awaited air show return to Joint Base San Antonio’s Randolph AFB. 30

Small UAVs in the Tac cal Environment By Dave Hook, ATP, CFII

Dave examines the use of commercially available,

off‐the‐shelf camera drones in law enforcement

opera ons. Photos demonstrate the

incredible capabili es of these small

aircra systems. 44

10

Legal News You Can Use

By Wendy Mia Pardew, Esq.

Photo courtesy of Strictly FX/Todd Kaplan

11

has given country music

megastar Luke Bryan a soupy July night to present

his “Kick the Dust Up” tour at Vanderbilt Stadium.

It’s just a few hours before Bryan will take the stage,

Nashville

12

and the energy behind the scenes is palpable. Of the

almost 32,000 fans that are chomping at the bit for the

show to start, few are privy to the mul tude of synchro‐

nized efforts required to get to this point. Produc on and

stage managers orchestrated the reloca on of a moun‐

tain of equipment and a village of crew and performers

from the tour’s last stop in Durant, Oklahoma. Riggers

arrived at o’ dark thirty to hang the trusses that now sup‐

port set design elements, ligh ng, sound, video, and

special effects components. The carpenters pieced

together the elaborate stage that just hours ago was

plucked from a handful of 18‐wheelers. The video team

laid lines for its feed and cameras and tested the enor‐

mous screens that ensure all can see every bit of dust

that gets kicked up. The sound crew stacked and hoisted

the immense speakers so even those down at Ryman

Auditorium can have a listen. The caterers relessly did

their gastronomic best to feed the perpetually hungry

crew members. The ligh ng technicians suspended an

incomprehensible number of lights that will soon high‐

light and enhance the on‐stage ac on. And, members of

the special effects team, who spent the day resolutely

dancing around the other crews as they set up the lasers,

pyrotechnics, flame effects, and cryogenics, have … hold

on to your hat … posi oned lasers to shoot into

navigable airspace on purpose!

It’s all good, though. Seasoned laser guru David

Kennedy received confirma on that the onsite special

effects team from Strictly FX,1 a Chicago‐based special

effects company, has already called Nashville’s

Terminal Radar Approach Control Facility (TRACON)

to confirm the details of that night’s laser opera on.

Kennedy, Strictly FX’s Art Director, also heads up the

Laser Department. He knows the onsite team is

acutely aware of the hazards associated with using

lasers in an outdoor venue and the effort it takes to

comply with laser use regula ons. When it comes to

using lasers in an outdoor venue, Kennedy knows

firsthand that no detail is too small. He has been

anima ng and programming laser shows for more

than 20 years, during which me he has been front

and center for the laser’s evolu on.

The No ce of Proposed Outdoor Laser Opera on

and the Laser Configura on Worksheet (FAA Paper‐

work) that Strictly FX filed weeks earlier with the

FAA’s Eastern Service Center Opera ons Support

Group (OSG) provided detailed informa on about the

proposed outdoor laser opera on.2 A er review, the

OSG responded with a le er of

non‐objec on and included the

requirement, among others,

that Strictly FX contacts Nash‐

ville TRACON at least one day

before the concert. OSG then

passed along per nent infor‐

ma on to the US NOTAM Office

Facility, who issued a NOTAM.3

This protocol is just one way

that the FAA strives to keep

pilots, passengers, and the

public on the ground safe from

the hazards of lasers in naviga‐

ble airspace. With the help of

the entertainment laser industry

and laser operators dedicated to

professionalism and safety, Laser light projected onto a aircra windscreen can dazzle, disorient, and blind the pilot.

13

incidents of unauthorized laser

illumina on of aircra (ULIA)

related to outdoor entertainment

events are rare. The same cannot

be said about ULIA incidents

caused by careless or reckless

individuals on the ground.

Just four days a er Luke

Bryan’s Nashville concert, an

unse ling series of acts took place

and unequivocally illustrated the

other end of the laser safety spec‐

trum. Within a few hours, 12

pilots flying over different areas of

New Jersey reported ULIA incidents. Not one of these

12 incidents was related to an authorized outdoor

laser opera on, and there are no suspects. ULIA is a

serious enough safety hazard that the FAA deems it

an in‐flight emergency unless and un l an aircrew

member indicates to the contrary. Couple the

frequency of ULIA incidents with the hazards posed

by these reckless or bad acts, and the result has

become quite a cause for concern. Yet, the number of

reported ULIA incidents con nues to rise without a

propor onate increase in the number of successful

prosecu ons.

The increase in the number of reported ULIA inci‐

dents is flat out alarming. Reported ULIA incidents

have increased tenfold in the eight years since the

FAA began a formal repor ng system for pilots.4 FAA

records reflect 384 reported incidents in 2006. In

2014, that number increased to more than 3,800

reported incidents. And, reports in 2015 will likely

reach at least 5,000 by year’s end. The rise in report‐

ed incidents is likely a ributable to several factors,

including publicity and programs focused on

repor ng ULIA incidents, stronger lasers with greater

reach, and the widespread availability of lasers for

consumer purchase.

The number of reported ULIA incidents and the

associated hazards have captured the a en on of

those who can effect change. The FAA Moderniza on and

Reform Act of 2012 (FAAMRA), made it a felony to point a

laser at an aircra . FAAMRA states, in part, that you can

be fined or imprisoned up to five years if you “knowingly

aim the beam of a laser pointer at an aircra in the

special aircra jurisdic on of the United States, or at the

flight path of such an aircra …”5 Law enforcement agen‐

cies have partnered with the FAA to raise public

awareness. Despite the best efforts of local, state, and

federal en es, the FAA believes that many laser

incidents s ll go unreported.

The hazards of a ULIA incident are varied and can

include “distrac on and startle … glare and disrup on …

[and,] temporary blindness or permanent eye injury.”6 If a

laser hits a pilot while in flight, the pilot’s ability to

operate safely is jeopardized, as is the safety of the

passengers and the public on the ground. If a laser hits a

pilot at a cri cal me during flight, such as landing or

takeoff, the hazards can be compounded. The FAA has

documented numerous incidents where pilots or crew

required medical a en on a er being hit by a laser.7 The

FAA has compiled a comprehensive website devoted to

laser hazards and effects that includes an instruc onal

video detailing ways to respond to ULIA incidents, safety

brochures, and other materials.8 While there are no

reports of avia on accidents a ributed to an ULIA

incident, the poten al for a catastrophe is very real.

Projected laser light termina ng on Dom Tower in Utrecht, Netherlands.

15

Outdoor Laser Opera ons

When an outdoor venue hosts an event that

includes lasers, the laser operator must obtain

certain variances, permits, approvals, and inde‐

pendent safety checks before the crowd can u er

its first “ooooh!” or “aaaah!”.9 The FAA requests

that the laser operator file the requisite paperwork

at least 30 days before the outdoor laser opera on

takes place.10 This lead me allows for the FAA

review, which includes discussion about any

required modifica ons to the proposed laser opera‐

on, prepara on of the le er of non‐objec on, and

issuance of any required NOTAMs.11

The FAA is par cularly concerned with how a

laser, especially an unterminated laser, will affect

navigable airspace. An unterminated laser does not

have an endpoint created by a physical barrier (e.g.,

a wall, a tree, a box, etc.). A terminated laser has a

known, pre‐planned physical barrier that creates its

endpoint, which is typically within the confines of

the outdoor venue rather than in navigable

airspace. While a terminated laser in an outdoor

venue poses significantly fewer hazards to those

nearby in navigable airspace, the FAA s ll requires a

proposal and review.

The FAA Paperwork requires that the laser oper‐

ator clearly indicate if the proposal includes the use

of an unterminated laser. Strictly FX Produc on

Coordinator Kim Austgen works closely with Kennedy

on laser opera on filings and permi ng. “We want

to make sure everyone is safe,” says Austgen about

the importance of the FAA Paperwork, which she

says ensures that “[e]veryone knows what’s going

on, we are all communica ng, and no one is going

to be surprised.” Even with the detailed FAA

Paperwork, Austgen has no ced an increase in the

number of FAA objec ons to unterminated laser

use. Austgen suggests that it might be a ributable

to the number of shows staged in newer outside

venues, which tend to be built closer to airports.

That theory is supported by the FAA’s diligent

protec on of the Laser Free Flight Zone, which extends for

several nau cal miles around ac ve runways.12 In addi on,

she says newer laser technology that has increased laser

strength may further explain the trend. During a recent

tour that included a well‐known act and Strictly FX’s lasers,

the FAA objected to five of the six shows that proposed the

use of unterminated lasers.

As part of the prepara on for a laser opera on in an

outdoor venue, Austgen regularly completes the FAA

Paperwork, which is comprehensive and includes site

longitude and la tude, site and laser eleva ons, and angles

of the lasers, among other technical informa on. The FAA

o en requests the use of spo ers, who are trained

Being Lazed? Report the incident immediately. Here is the FAA

report format according to Advisory Circular

70‐2A, Repor ng of Laser Illumina on of Aircra .

If you are in controlled airspace, contact the

appropriate Air Traffic Control Facility. Provide

ATC with the event posi on, al tude, color of

beam, direc on, and any other informa on that

is useful.

If you are flying in uncontrolled airspace, give

the following informa on over the appropriate

UNICOM frequency:

1. State ”Unauthorized Laser Illumina on Event”

2. Give me and loca on of the event

3. Give general descrip on of the event (e.g.

color, intensity, and direc on of laser beam)

A er arriving at your des na on, complete

the Laser Beam Exposure Ques onnaire at

h p://www.faa.gov/about/ini a ves/lasers

17

Unauthorized Illumina on of Aircra Resul ng

from Careless or Bad Acts

Raising awareness about ULIA hazards and the

repor ng protocol go hand‐in‐hand. In 2005, the FAA

established a formal system of repor ng ULIA incidents.

The FAA’s Advisory Circular 70‐2A, “Repor ng of Laser

Illumina on of Aircra ,” dated February 8, 2013, is the

most current guidance on how to report an ULIA

incident.15

Both repor ng protocols and hazard mi ga on

techniques are discussed in AC 70‐2A. A er an ULIA

incident the FAA requests that aircrew immediately con‐

tact local ATC to report incident details, including the

loca on of the aircra and laser, al tude, laser color,

etc. If a ULIA incident occurs near an FAA Air Traffic Con‐

trol (ATC) terminal facility, ATC will (1) broadcast a

warning every five minutes for 20 minutes a er each

reported incident and (2) alert local flights via the Auto‐

ma c Terminal Informa on Service system (ATIS) for at

least one hour a er the incident is reported. Aircrews in

uncontrolled airspace should immediately use the

appropriate UNICOM frequency to broadcast a warning,

as detailed in AC 70‐2A. A er a ULIA incident, the FAA

asks that all crew members who witnessed the incident

complete the Laser Beam Exposure Ques onnaire.16 The

ques onnaire, which can be submi ed electronically, by

fax, or by email, is located on the FAA’s Laser Safety

Ini a ve website and its Report A Safety Issue website.17

FAAMRA made it a federal offense to aim knowingly a

laser at an aircra . This is a small, but hopeful,

indica on that a fix may be on the horizon. The FAA

seeks to use the federal statute to prosecute offenders

in all instances where it can be used rather than relying

on state or local statutes or regula ons. In the two

individuals that keep a lookout for aircra during the

laser opera on. If the spo er sees an aircra during a

laser opera on, the spo er no fies the laser operator,

who immediately terminates the laser to ensure there is

no uninten onal illumina on of aircra . Kennedy says

even with binoculars, some lasers “are ge ng ght

enough so that they go further than a spo er can actu‐

ally see.” In those cases, the laser operator will repro‐

gram the laser to terminate before it hits navigable

airspace. The FAA assumes spo ers have a three‐mile

range, which doesn’t provide either the pilot or the

spo er much me to react. “In the end, security and

safety are key,” says Kennedy. “When opera ng out‐

doors, the laser operator has to make sure that spo ers

are properly trained and that they follow protocols.”

The FAA wants to know when lasers are used for

entertainment purposes in an outdoor venue. And, the

FAA wants the pilots who will be flying locally during the

laser opera on to know about it, too. But, the FAA does

not regulate the use of lasers. Therefore, it may

request—but cannot require—that a laser operator

submit the FAA Paperwork. The Food and Drug Admin‐

istra on’s Center for Devices and Radiological Health

(CDRH) regulates laser products.13 And, according to

CDRH, an outdoor laser opera on is a laser product that

requires a variance condi oned on the laser operator

no fying the FAA of the proposed use and resolving any

FAA objec ons.14 What is the takeaway here? If you

unexpectedly come across lasers shoo ng in to naviga‐

ble airspace while in flight, there are four likely causes:

(1) you have not reviewed all ac ve NOTAMs; (2) the

FAA is unaware of the laser opera on; (3) your aircra

has escaped a spo er’s detec on; or, (4) you are lost.

All four situa ons present safety hazards that require

swi and though ul ac on.

Reach us at +1 (210) 653‐8442 or

[email protected] .com

Adver se with us !

18

This ar cle is intended to provide an overview of an

avia on law issue. It is for general informa onal and

educa onal purposes only. The ar cle is offered as

and does not cons tute legal advice or legal opinions.

You should personally contact an a orney to obtain

advice with respect to any par cular issue or problem.

Hyperlinks to websites are provided as a convenience

to assist readers and are not intended to suggest

sponsorship, affilia on or associa on with, or legal

authoriza on to use any trade name, registered trade-

mark, logo, legal or official seal, or copyrighted symbol

that may be reflected in the links.

Wendy Mia Pardew is an avia on a orney based

in Orlando, Florida. You can find her on LinkedIn

or via email at [email protected].

years from 2012 through 2013, the FAA inves gated 152

incidents and pursued 96 enforcement cases.18 The FAA

has indicated that the

… guidance for agency inves gators and

a orneys stresses that laser viola ons

should not be addressed through warning

no ces or counseling. The agency seeks

moderately high civil penal es for inad-

vertent viola ons, but maximum penal es

for deliberate viola ons. Violators who are

pilots or mechanics face revoca on of their

FAA cer ficate, as well as civil penal es.19

In addi on, state, local, and foreign jurisdic ons have

promulgated a variety of similar statutes and regula ons

aimed at deterring ULIA incidents. The FAA has partnered

with other agencies to raise awareness of the hazards of

ULIA and to assist with prosecu ons. In 2014, the FBI

raised awareness of the hazards of ULIA incidents with a

campaign that included a cash reward of up to $10,000

for informa on leading to the arrest of an offender. The

number of reported ULIA incidents that are not prosecuted

is, however, troublesome.

In many instances where a pilot has both responded

well to a ULIA incident and reported the

incident promptly, that pilot lands safely and contributes

to the offender’s iden fica on and arrest. The combina‐

on of hazard mi ga on and prompt repor ng is the

cornerstone of removing “unauthorized laser illumina on

of aircra ” from avia on’s lexicon. What is your plan if

you find yourself blinded by a laser from the ground?

Wendy Mia Pardew is an avia on a orney based in Orlando, Florida. You can find Wendy on LinkedIn or via email

at [email protected]. She encourages you to contact her with topics for future ar cles. And, she sends a

road case full of gra tude to Johnny Lyons for his help and exper se on this ar cle.

1 Strictly FX operates globally and is focused on live concert and event special effects including pyrotechnics, flames, cryogenics, lasers, con‐fe , and mischief.

2 FAA Advisory Circular 70‐1, “Outdoor Laser Opera ons,” (2004) at h p://rgl.faa.gov/Regulatory_and_Guidance_Library/rgAdvisoryCircular.nsf/0/a79d573e9ff2aaaa86256f9d00583fe0/$FILE/AC70‐1.pdf.

3 A sample NOTAM for an outdoor unterminated laser opera on:

!FDC X/XXXX ZME TN..AIRSPACE NASHVILLE, TN..LASER LIGHT DEMONSTRATION WILL BE CONDUCTED WITHIN AN AREA DEFINED AS 360840N/86482W (NASHVILLE VORTAC BNA276006). LASER LIGHT BEAMS MAY BE INJURIOUS TO PILOT/PASSENGERS EYES WITHIN 927FT

19

VERTICALLY AND 3579FT LATERALLY OF THE LIGHT SOURCE. FLASH BLINDNESS OR COCKPIT ILLUMINATION MAY OCCUR BEYOND THESE DISTANCES. NASHVILLE TRACON /BNA/, TELEPHONE (615) 695‐4580, IS THE FAA COORDINATION FACILITY. 1507112400‐1507110430 4 FAA Laser Safety Ini a ve, h ps://www.faa.gov/about/ini a ves/lasers/. 5 FAA Moderniza on and Reform Act of 2012, Sec on 311 (2012) at h p://www.gpo.gov/fdsys/pkg/CRPT‐112hrpt381/pdf/CRPT‐112hrpt381.pdf. 6 FAA Performance and Accountability Report, On the Radar: The Dangers of Laser Pointers (2014) at h p://www.faa.gov/about/plans_reports/media/2014‐FAA‐PAR.pdf; See also, FAA Laser Hazards in Navigable Airspace at h ps://www.faa.gov/pilots/safety/pilotsafetybrochures/media/laser_hazards_web.pdf. 7 Laser A acks Against Aircra : A Threat to Ci zens and Law Enforcement Personnel, Gregory McMahon, M.A., J.D. at h ps://leb. i.gov/2014/april/laser‐a acks‐against‐aircra ‐a‐threat‐to‐ci zens‐and‐law‐enforcement‐personnel. 8 FAA’s laser hazard website: h ps://www.faa.gov/about/ini a ves/lasers/hazards/. 9 The required variances, permits, approvals, etc. ul mately depend on the loca on of the outdoor laser opera on. In all instances in the United States where an outdoor venue uses lasers, the FAA will be involved. Interna onal venues also have an assortment of required vari‐ances, permits, approvals, etc. A laser is a serious piece of equipment that relies not only upon expert opera on, but also upon expert ad‐ministra on. 10 In addi on to entertainment purposes, there are other types of outdoor laser opera ons that require FAA review, including laser opera‐ons related to research.

11 FAA JO 7400.2K, Part 6, Chapter 29, Outdoor Laser Opera ons (2014) at h p://www.faa.gov/documentlibrary/media/order/7400.2k_w_chg1_dtd_7‐24‐14.pdf. 12 FAA JO 7400.2K, Part 6, Chapter 29, Sec on 29‐1‐5 and Figure 29‐1‐1, Outdoor Laser Opera ons (2014) at h p://www.faa.gov/documentlibrary/media/order/7400.2k_w_chg1_dtd_7‐24‐14.pdf. 13 FAA and FDA 1998 Memorandum of Understanding regarding regula on of lasers in navigable airspace at h p://www.faa.gov/pilots/laser/media/FAA‐

FDA%20laser%20MOU.pdf.

14 See h p://www.fda.gov/Radia on‐Emi ngProducts/Radia onEmi ngProductsandProcedures/HomeBusinessandEntertainment/ucm118907.htm. 15 FAA, Advisory Circular 70‐2A, “Repor ng of Laser Illumina on of Aircra ,” (2013) at h p://www.faa.gov/documentlibrary/media/advisory_circular/ac_70‐2a_.pdf. 16 You can find the Laser Beam Exposure Ques onnaire at h p://www.faa.gov/about/ini a ves/lasers/ or h p://www.faa.gov/aircra /safety/report/laserinfo/. 17 You can find ULIA online incident repor ng protocols and forms at h p://www.faa.gov/about/ini a ves/lasers/ or h p://www.faa.gov/aircra /safety/report/laserinfo/. 18 h ps://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=15774. 19 h ps://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=15774.

Want More General Aviation Security ?

We are pleased to announce our teaming with

New and previous issues of General Avia on Security are available in our new online format. Thanks to the folks at Magzter, we are able to provide the same great content and photos that you have come to expect while reducing our price to less than half of our hardcopy price.

Now available on iTunes Newsstand and Amazon.com

Holiday Cheers

from The Alamo

Un l March 2016...

Released_Pardew_GASec_November 2015_V5N4

Documents

Transcript of Released_Pardew_GASec_November 2015_V5N4