[Federal Register Volume 76, Number 236 (Thursday, December 8, 2011)]
[Rules and Regulations]
[Pages 76611-76612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31446]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91


Interference With a Crewmember via Laser

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Interpretation.

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SUMMARY: On June 1, 2011, the Assistant Chief Counsel for Regulations, 
Federal Aviation Administration (``FAA''), issued an interpretation of 
14 CFR 91.11. Section 91.11 provides that ``[n]o person may assault, 
threaten, intimidate, or interfere with a crewmember in the performance 
of the crewmember's duties aboard an aircraft being operated.'' The FAA 
is aware of an increasing number of incidents involving the use of 
lasers being directed toward aircraft operating on the ground or in the 
air. Such conduct has the potential to adversely affect safety by 
interfering with flight crewmembers in the performance of their duties. 
The FAA considers a situation in which a laser beam is aimed at an 
aircraft by a person on the ground or from any other location including 
from another aircraft so that it interferes with a crewmember in the 
performance of the crewmember's duties as a violation of 14 CFR 91.11.

FOR FURTHER INFORMATION CONTACT: Dean E. Griffith, Attorney, 
Regulations Division, Chief Counsel's Office, AGC-220, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC; telephone: 
(202) 267-3073; email: [email protected].

SUPPLEMENTARY INFORMATION: The FAA published its June 1, 2011 
interpretation of section 91.11 on its Web site, which is available to 
the public at: http://www.faa.gov/news/press_releases/news_story.cfm?newsId=12765. It is also available on the FAA's Laser 
Incident Information and Reporting Web site: http://www.faa.gov/go/laserinfo. In addition, the FAA and the Department of Transportation 
have issued press releases with regard to publicizing the dangers of 
interfering with flight crew operations by using lasers directed at 
aircraft. With this notice published in the Federal Register, the FAA 
is again advising the public of the FAA's June 1, 2011 interpretation 
of section 91.11 in an effort to increase awareness that: (1) Directing 
laser beams towards aircraft operating on the ground or in the air so 
that it interferes with a crewmember in the performance of the 
crewmember's duties is a violation of section 91.11; and, (2) persons 
violating section 91.11 are subject to a substantial civil penalty.

[[Page 76612]]

    The text of the interpretation issued by the Assistant Chief 
Counsel for Regulations, FAA, on June 1, 2011, follows:
    This memorandum is in response to your request for legal 
interpretation on whether directing a laser at an aircraft from the 
ground could constitute interference with a crewmember under 14 CFR 
91.11. The FAA's understanding of the plain language of Sec.  91.11, 
and the purpose of the regulation, indicate that the answer to this 
question is ``yes.''
    Section 91.11 establishes that ``[n]o person may assault, threaten, 
intimidate, or interfere with a crewmember in the performance of the 
crewmember's duties aboard an aircraft being operated.''
    This regulation was initially adopted in 1961 in reaction to 
increased hijackings of aircraft. See 26 FR 7009 (Aug. 4, 1961). The 
FAA intended to ``provide additional controls over the conduct of 
passengers in order to avoid a serious threat to the safety of flights 
and persons aboard them.'' Id. In a later amendment to the rule, the 
FAA stated that this section was ``clearly intended to apply to 
passengers * * * and any other `person' on board the aircraft.'' 64 FR 
1076, 1077 (Jan. 7, 1999).
    Although the primary focus of the regulation, as explained in the 
1999 amendments to the rule, was persons on board the aircraft, the 
plain language of the regulation does not specify that the person 
interfering with a crewmember must be on board the aircraft. We note 
that the FAA has successfully invoked this section to assess a civil 
penalty against a pilot who walked up to a helicopter that was on the 
ground preparing for takeoff, reached into the helicopter and 
physically assaulted the pilot. See Adm'r v. Siegel, NTSB Order No. EA-
3804 (Feb. 10, 1993), 1993 WL 56200. Accordingly, the rule, and prior 
FAA interpretation, as evidenced by the Siegel case, support a finding 
that an individual does not need to be on board the aircraft to violate 
Sec.  91.11.
    The FAA is aware of an increasing number of incidents of lasers 
being pointed at aircraft, a scenario that could not have been 
contemplated by the drafters of the initial rule. The FAA has 
recognized ``that the exposure of air crews to laser illumination may 
cause hazardous effects (e.g., distraction, glare, afterimage flash 
blindness, and, in extreme circumstances, persistent or permanent 
visual impairment), which could adversely affect the ability of air 
crews to carry out their responsibilities.'' FAA Advisory Circular 70-2 
(Jan. 11, 2005). Distracting or impairing a crewmember's vision during 
operation of an aircraft could reasonably be construed to constitute 
interference with a crewmember's duties aboard an aircraft.
    Therefore, the FAA would consider a situation in which a laser 
beam, aimed at an aircraft by a person who is not on board the 
aircraft, interferes with a crewmember's performance of his or her 
duties aboard the aircraft to be a violation of Sec.  91.11. We note 
that this interpretation would apply equally to the similarly worded 
provisions of Sec. Sec.  121.580, 125.328, 135.120.
    This response was prepared by Dean E. Griffith, Attorney in the 
Regulations Division of the Office of the Chief Counsel, and was 
coordinated with the Air Transportation, Flight Technologies and 
Procedures, and General Aviation and Commercial Divisions of Flight 
Standards Service. It was also coordinated with Airspace Services in 
the Air Traffic Organization's Office of Mission Support Services. 
Please contact us at (202) 267-3073 if we can be of additional 
assistance.

    Issued in Washington, DC, on November 30, 2011.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. 2011-31446 Filed 12-7-11; 8:45 am]
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