Res Communis Blog RSS

Category Archives: Aviation Law Current Event

Hearing: Transportation Security Administration Oversight: Confronting America’s Transportation Security Challenges

Source – US SCCST:

Transportation Security Administration Oversight: Confronting America’s Transportation Security Challenges
Democratic Press Office – (202) 224-8374
Apr 30 2014 2:30 PM
Russell Senate Office Building – 253
SCom: AviationWASHINGTON, D.C.— The U.S. Senate Committee on Commerce, Science, and Transportation will hold a hearing on Wednesday, April 30, 2014 at 2:30 p.m. titled, “Transportation Security Administration Oversight: Confronting America’s Transportation Security Challenges.” This hearing will examine the Transportation Security Administration’s (TSA) efforts to implement new procedures to confront the evolving security threats to America’s transportation systems.

Background:

Despite significant success in fighting global terrorism in the years since September 11th, our Nation continues to face security threats to its transportation network. Although the TSA has made substantial progress in addressing these threats, terrorists continually adapt their tactics to account for new security measures. To effectively counter evolving threats, the TSA has focused on developing a layered, risk-based approach to security.

Please note the hearing will be webcast live via the Senate Commerce Committee website. Refresh the Commerce Committee homepage 10 minutes prior to the scheduled start time to automatically begin streaming the webcast.

Individuals with disabilities who require an auxiliary aid or service, including closed captioning service for the webcast hearing, should contact Stephanie Gamache at 202-224-5511 at least three business days in advance of the hearing date.

###

FacebookTwitterGoogle+TumblrLinkedInEvernoteDiggSlashdotEmailShare

Event: 2014 Air & Space Law Symposium

Source – Cal Western:

2014 Air & Space Law Symposium
Start: March 14, 2014 12:00 PM

California Western, the San Diego Air & Space Museum, and the Air Law Institute invite you to attend:

The 2014 Air & Space Law Symposium

WHAT: The first-ever Air & Space Law Symposium brings together aerospace industry leaders, practicing air and space attorneys, and legal scholars to address current and emerging issues in the field. Panels will introduce touchstones of air and space law, then explore the integration of unmanned aircraft into the national airspace system, and the transition to commercial space operations.

To learn more about the symposium and for a schedule of events, click here.

WHEN: Friday, March 14, 2014 from noon to 5:30 p.m.

WHERE: California Western School of Law, 350 Cedar Street, San Diego, CA 92101

REGISTRATION: To register, please visit the Air Law Institute’s website.

EVENT: SMU Air Law Symposium

The 47th Annual SMU Air Law Symposium will be held March 21-22, 2013 at the Omni Mandalay Hotel at Las Colinas, Irving, Texas:

The Journal of Air Law and Commerce sponsors the oldest and largest annual aviation law symposium in the world. Recent events that have changed our aviation landscape are sure to add to the discussion, debate, and education at the Symposium. More than 500 aviation lawyers and industry representatives annually attend. The symposium offers continuing education credit, superb networking opportunities, and the exploration of a wide variety of aviation law topics.

New Blog: Air Force General Counsel Blog

The Air Force General Counsel has started a new blog titled the Air Force General Counsel Blog. From the About page:

The General Counsel is a Presidential appointee, requiring Senate confirmation. Secretary of the Air Force Order (SAFO) No. 111.5, dated July 14, 2005 sets forth the functions and responsibilities of the Office. That Order states in part:

“The General Counsel is the chief legal officer and chief ethics official of the Department of the Air Force. Legal opinions issued by the Office of the General Counsel shall be the controlling opinions of the Department of the Air Force. The General Counsel provides advice in accordance with applicable statues on any legal subject and on other matters as directed by the Secretary.” The Office of the General Counsel renders legal advice and assistance to all elements of the Air Force, but the cornerstone of its functions and responsibilities is a close relationship with the Secretary and his principal assistants. As the law office of the Secretary, the Office takes a broad view of its responsibilities. The Office provides carefully considered, practical advice, aimed at producing effective solutions. Work products within the Office of the General Counsel take many forms. Much of its advice and counsel is given orally. Written communications can involve formal legal opinions, draft correspondence, draft directives or policy statements, or guidance or decisions on individual cases.

More information can be found on the Air Force General Counsel’s Website.

EVENT: European Commission’s Revision of Regulation 261/2004

Source – EAC:

THE EUROPEAN AVIATION CLUB

&

IIASL

Organize a one day conference in Brussels on 15 JUNE 2012
on the European Commission’s revision of Regulation 261/2004,
establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights.

The European Aviation Club and the International Institute of Air and Space Law of Leiden University are jointly organising a major conference in Brussels on 15 June on the subject of the revision of Regulation 261/2004.
Whilst the Regulation has brought about undoubted benefits to passengers, it has caused airlines significant expense in money and management time, and it is appropriate to consider whether this Regulation would strike the right balance between the different interests.

Following the public consultations on this subject and the impact study which it had commissioned, the European Commission is currently reviewing all the results, and when finished will decide whether the Regulation merits revision; and if so will issue a proposal for amendment.

Venue: Hotel Bristol Stephanie, Avenue Louise 91-93, 1050 Brussels
The conference will start at 9.45 and end at 18.00 after which a drink will be served

Please see attached programme and registration form.

This conference, which will be attended by several representatives of the European Commission and the Council as well as a wide range of industry stakeholders, represents the last opportunity for interested parties to provide their own input into the process with the possibility of influencing the outcome.

Conference, supported by the European Air Law Association and Airneth

The European Aviation Club asbl, Vossendreef 6 Drève des Renards, B-1180 Brussels,Belgium
Board : Rigas Doganis – Chairman, Fredrik Sorensen, John Balfour, Gérard Borel, Richard Lewis, Mia Wouters
Company number : BE 0445.632.153 ; VAT exempted
www.europeanaviationclub.com

US Air Force Instruction Re: Domestic Commercial Imagery and Domestic Archived Imagery

Source: Secrecy News

Instruction available at Federation of American Scientists

AIR FORCE INSTRUCTION 14-104

23 APRIL 2012

Intelligence OVERSIGHT OF INTELLIGENCE ACTIVITIES

3.4. This instruction applies to non-intelligence units or staffs, such as Eagle Vision, operating systems that acquire and disseminate commercial satellite products to intelligence units and staffs. 9. Domestic Imagery. Air Force components may, at times, require newly collected or archived domestic imagery to perform certain missions. Domestic imagery is defined as any imagery collected by satellite (national or commercial) and airborne platforms that cover the land areas of the 50 United States, the District of Columbia, and the territories and possessions of the US, to a 12 nautical mile seaward limit of these land areas. 9.1. Collecting information on specific targets inside the US raises policy and legal concerns that require careful consideration, analysis and coordination with legal counsel. Therefore, Air Force components should use domestic imagery only when there is a justifiable need to do so, and then only IAW EO 12333, the National Security Act of 1947, as amended, DoD10 AFI14-104 23 April 2012 5240.1-R, and this instruction. The following generally constitute legally valid requirements for domestic imagery:

9.1.1. Natural Disasters. Locations in support of government planning for, emergency response to, or recovery from events such as tornadoes, hurricanes, floods, mudslides, fires, and other natural disasters.

9.1.2. Counterintelligence, Force Protection, and Security-related Vulnerability Assessments. Requirements in support of critical infrastructure analysis on federal or private property where consent has been obtained as appropriate.

9.1.3. Environmental Studies. Requirements in support of studies of wildlife, geologic features, or forestation, or similar scientific, agricultural, or environmental studies not related to regulatory or law enforcement actions.

9.1.4. Exercise, Training, Testing, or Navigational Purposes. Requirements for imagery coverage in support of system or satellite calibration, sensor evaluation, algorithm or analytical developments and training or weapon systems development or training.

9.2. Domestic Imagery from National Satellites. The National Geospatial-Intelligence Agency (NGA) is responsible for the legal review and approval of requests for the collection and dissemination of domestic imagery from national satellites. Air Force components must follow policy and procedures established in the National System for Geospatial Intelligence Manuals CS 9400.07, Domestic Imagery. Air Force components must submit a PUM each year to NGA that defines the requirements for domestic imagery, outlines its intended use, and includes a proper use statement acknowledging awareness of legal and policy restrictions regarding domestic imagery. NGA will review the PUM to ensure it constitutes a legally valid requirement for domestic imagery. Air Force components must submit a Domestic Imagery Request (DIRs) to NGA for any ad hoc domestic imagery requirements that fall outside the scope of an approved PUM.

9.3. Domestic Imagery from all DoD imagery Satellite Platforms. An approved PUM must be on file with the appropriate Combatant Command, per their procedures, or with the appropriate Air Force MAJCOM or FOA (or delegated/designated sub-component PUM authority) before airborne or tactical DoD satellite platforms can be tasked to collect domestic imagery. Note that Tactical Satellites (TacSats) are considered to be “airborne” platforms. These PUMs must be IAW the format instructions found in Attachment 4. Approval for PUM requests is hereby delegated to MAJCOM and FOA commanders. Legal review at MAJCOM/FOA level is required before approval and reviews should be filed with the approved PUM requests. In the event of an emergency or crisis where US Northern Command (USNORTHCOM) is designated as lead DoD Operational Authority, all related requests for domestic imagery from airborne or tactical DoD satellite platforms must be coordinated with USNORTHCOM to ensure compliance with proper use provisions. Air Force components must submit a PUM request through the MAJCOM to the designated approval authority for any ad hoc DIR. (see paragraph 9.6. for an exception to this paragraph).

9.4. Domestic Imagery from Commercial Satellites. Air Force intelligence components may obtain domestic commercial imagery without higher-level approval for valid mission purposes such as training or testing on federally owned and operated ranges, calibration- AFI14-104 23 April 2012 11 associated systems development activities, and domestic disaster relief operations. However, an internal memorandum for record (MFR) describing the purpose of the domestic imagery and the component official approving the use should be retained on file. If obtained imagery specifically identifies a US person (include private property), then the rules and procedures contained in DoD 5240-1.R, in particular those regarding retention, must be followed. Air Force intelligence components must not conduct or give the appearance of conducting collection, exploitation or dissemination of commercial imagery or imagery associated products for other than approved mission purposes.

9.5. Distribution of Domestic Imagery. Distribution of domestic imagery to parties other than those identified in the approved PUM, DIR or MFR is prohibited, unless the recipient is reasonably perceived to have a specific, lawful governmental function requiring it IAW paragraph 11.4. Unless otherwise approved, domestic imagery must be withheld from all general access database systems (e.g., Intelink).

 

US Air Force Policy Permits Incidental Collection of Domestic Imagery by Drones

Source: Secrecy News

Policy available at Federation of American Scientists

23 APRIL 2012

Intelligence

OVERSIGHT OF INTELLIGENCE ACTIVITIES

9.6. Navigational/Target Training activities.

9.6.1. Air Force units with weapon system video and tactical ISR capabilities may collect imagery during formal and continuation training missions as long as the collected imagery is not for the purpose of obtaining information about specific US persons or private property. Collected imagery may incidentally include US persons or private property without consent. Imagery may not be collected for the purpose of gathering any specific information about a US person or private entity, without consent, nor may stored imagery be retrievable by reference to US person identifiers.

9.6.2. Air Force Unmanned Aircraft System (UAS) operations, exercise and training missions will not conduct nonconsensual surveillance on specifically identified US persons, unless expressly approved by the Secretary of Defense, consistent with US law and regulations. Civil law enforcement agencies, such as the US Customs and Border Patrol (CBP), Federal Bureau of Investigations (FBI), US Immigration and Customs Enforcement (ICE), and the US Coast Guard, will control any such data collected.

US: New Statute Outlaws Pointing Lasers at Planes

Source: MoonPatch.com

Shining a laser at an aircraft or its point of travel is now illegal under federal law.

President Obama on Feb. 14 signed into law the Federal Aviation Administration Modernization and Reform Act of 2012, which includes provisions that make it a criminal offense to aim a laser beam at an aircraft or its flight path.

The crime is punishable by a fine of $250,000 and up to five years in prison. [Full story]

FAA Proposes New Airline Pilot Qualification Standards

Source: AIN

The U.S. Federal Aviation Administration (FAA) today issued a Notice of Proposed Rulemaking (NPRM) that would require first officers to hold an Airline Transport Pilot (ATP) certificate, requiring 1,500 hours of pilot flight time except under limited circumstances. The proposed rule contains provisions included in the Airline Safety and Federal Aviation Administration Extension Act of 2010, signed into law by President Obama in August of that year.

Under the present FAA rules, first officers must only carry a commercial pilot certificate, which requires 250 hours of flight time. The proposal also would require first officers to earn an aircraft type rating, which involves additional training and testing specific to the airplanes they fly. [more]

 

Federal Register [PDF]

EU will respond to any airline carbon retaliation

Source: Reuters

BRUSSELS, Feb 28 (Reuters) – The EU will respond to any retaliation over its law imposing carbon charges on all flights but is working with the United States and the International Civil Aviation Organization (ICAO) to find a solution, a senior Commission official said.

The EU’s requirement that all airlines buy carbon to offset flights that use the bloc’s airports has stirred threats of an international trade war, with the potential to disrupt global air traffic.

A meeting in Moscow last week of the so-called “coalition of the unwilling” agreed on a basket of counter-measures that countries could activate in response to the EU scheme.

“Retaliation cannot happen, and if it happens we will act immediately and appropriately,” Commission Director General for Climate Action Jos Delbeke told a European Parliament committee in Brussels on Tuesday. [more]