§ 240.76 Directing a laser at an aircraft in the second degree.
A person is guilty of directing a laser at an aircraft in the second
degree when, with intent to disrupt safe air travel, he or she directs
the beam of a laser:
1. onto a specific aircraft intending to thereby disrupt or interfere
with such aircraft in the special aircraft jurisdiction of the United
States; or
2. in the immediate vicinity of an aircraft in the special aircraft
jurisdiction of the United States, and:
(a) the calculated or measured beam irradiance on the aircraft, or in
the immediate vicinity of the aircraft, exceeds limits set by the FAA
for the FAA-specified laser flight zone (normal, sensitive, critical, or
laser-free) where the aircraft was located; and (b) a pilot in the
illuminated aircraft files a laser incident report with the FAA.
3. As used in this section:
(a) the term “laser” shall mean any device designed or used to amplify
electromagnetic radiation by stimulated emission that emits a beam; and
(b) the term “FAA” shall mean the Federal Aviation Administration.
4. This section does not prohibit directing a laser beam at an
aircraft, or in the immediate vicinity of an aircraft, by:
(a) an authorized individual in the conduct of research and
development or flight test operations conducted by an aircraft
manufacturer, the FAA, or any other person authorized by the FAA to
conduct such research and development or flight test operations; or
(b) members or elements of the United States department of defense or
the United States department of homeland security acting in an official
capacity for the purpose of research, development, operations, testing
or training; or
(c) an individual in an emergency situation using a laser to attract
the attention of an aircraft for bona fide rescue purposes; or
(d) an individual whose laser operations have been submitted to and
reviewed by the FAA, when:
(i) the FAA has issued a letter not objecting to the laser use; and
(ii) the laser is operated in conformity with the FAA submission.
Directing a laser at an aircraft is a class A misdemeanor.
