### To: Honorable Judge DouglasM. Rawald RE: In

### the matter of KennethRayRumberger Case# EIR2015WP270015 

## .

**::~** 

## 19 2016 August 12, 2016



## f<ET
Yourhonorfirst let me apologize for this Iate filing to youHonorable Judge DouglasM. Rawa!d, and the courts. Regarding June 29, 2016 at lpmEST, you asked me; KennethRayRumberger, whylwas not responding to letters sent to me from yourselfHonorable Judge Douglas M. Rawald.
I stated I received a letterfromUnited States DepartmentofTransportationOffice ofHearings onMarch 21, 2016 Order Reassigning Proceeding which I have made a copy ofand marked Exhibit l whichclearlystates"any datesset

### fur hearing orprehearing conference are suspended until further notice. All other orders remain in full force and effect absent further order," signed by Ronnie A Yoder ChiefAdministrative Law Judge.
Once again, Honorable Judge DouglasM. Rawald, astoyourrequest; A1torneyLisa Toscano and I in accordancewiththis Honorable Courts Order served June 29,2016, the parties responded as follows. Theparties confurred 

### atan informal confurenceviatelephone on July ti, 

### 2016 at 4pmPST and meaningfully discussed litigation issues and proposed scheduling. A copy ofthejointreportregarding litigation and scheduling issues is attached and marked ExhibitS still unsigned for and I received the Joint Report on July 27, 2016.
YourHonor, as AttorneyLisa Toscano and myselfdiscussed over ourinfurmal conference on July 6, 2016 at 4pmPST, I received theEnforcement Investigative Report on July 27, 2016.
YourHonor, you areawarethatI amacting as my ownattorney: I went overtheEnforcement InvestigativeReport that Attorney Lisa Toscano provided me with as to our agreement onthe conference call July 6, 2016 which I have enclosed as Exhibit C. Page 1 of3August 12, 2016 

### Yourhonor, refurto Section B StatementofCase page 2 lOP# 3 is listed in the reportbutis not included in theEnforcement Investigative Report. Also, Honorable Judge Douglas M. Rawald, lOP#-4is listed in the report butis notincluded inthe EnforcementInvestigative Report These two items (lOP # 

### 3 and IOP # 

### 4) are not included inFAA Agent Harris' record review. These are items that they also based their decision on. Youare awarethatlhave requested-that alievidence beprovided tome inthe past andthathas not happened.
Yourhonor, I 

### have no idea to knowwhether ornotAttomeyLisa Toscano intendsto present these reports tothe courts and myself
Yourhonor; 

### as to 

### December 16, 2014FAAOakland FSDOAviationSafety InspectorDavid Jensen's certified letter, it clearly states onthe letter: Wewould appreciate receiving any evidence orstatements youmightcareto 

### ma1re regardingthismatterwithin 10 days of

### receipt of this letter. 

### I am enclosing a copy ofthe envelope and contents. It is clearto me that David Jensen's report fails to allowthe allotted time to respond.
Yourhonor; !receivedthis certified letterandcontents

### which is clearly 

### dated January"9, 201"5. 

### The letter enclosed has a tracking number that does not correspond withthe certified letter I 

### received onJanuary 9, 

### 2015. 

### I amrequesting a motionto 

### dismiss all civilpenalties against me atthistimec Assessments of 

### most civil penalties require a finding ofclear and convincing evidence before a civil defendant can be held liable. August 12, 2016
The Richmond Police Departments arrest

### report dated November 17, 2014

### isbiased: The synopsis from Officer Mark Shanks states "the suspect aimed a laserpointer at a CHP helicopter:" He has me convicted before 

### I have goneto 

### court: Also, theEIRReport dated January 13, 

### 2015 is blackened out onnumerous pages. I 

### can't seethe regulations that are believed to have been violated, thetype ofaction or sanctions that have been Page 2 of3August 12, 2016 

### recommendedby the Investigating fieldoffice. How can !respondto alleged violated regulations when I 

### can't viewthe documents? 

### Inaddition, there are multiple discrepancieswith document IOP#8. When asked "howmany crewmembers on the flight had laser light shined directly in their eyes", the option oftwo is marked. Thatbeing said, the document notes that "eachperson exposed should complete their own copy of' theFAALaserBeamExposure Questionnaire, yet there's only onereport. On pagetwo ofiOP#8; the 

### pilotstatesthatthelaserillumination does notinterferewith his performance. Thepilot contradicts himselfin the following question by stating that the aircraft had a minorchange in flightpath. The pilotthen contradictshimselfagain onpage 3 ofiOP#8: The pilot states thatthere was a glare and temporary flash blindness and experienced adverse effectsofwatering eyes and eye discomfortorpain. How-can the pilotstatethatthere was no interference yet mentioned multiple interferences? Last; the statementof the passenger

### inthe car atthetime of the alleged incidenthasbeen disregarded as no one has spoken toMauricio Alvarado directly or indirectly as tothe events that happened onNovember, 15;

**2014~** 

### Wliy has a witness 

### ill tlie matter ortlfis case notbeen contacted?
Attachedyou willfind the afOrementionedEIRReport and tlie passenger oftbe vebicle, Mauricio Alvarado's statement. Sincerely,

Kenneth RayRumberger

Page 3 of31ent Jlion 

### SERVED: March 21, 2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATIER OF KENNETH RAY RUMBERGER

Docket No. FAA-2015- 0639 (Civil Penalty Action)



### ORDER REASSIGNING PROCEEDING 1-l 

## ' '

Administrative Law Judge Richard C. Goodwin has transferred to the Food and Drug Administration. Accordingly, this proceeding is hereby reassigned from Judge Goodwin to , Administrative Law Judge Douglas M. Rawald. Any dates set for hearing orprehearing conference are suspended until further notice. All other orders remain in full force and effect absent further order. 

### SO ORDERED.

Ro ie A. Yoder ChiefAcl'Uinistrative La

t Secretary 

### tanon jS, M20 y Avenue SE 20590-0001 

### Kenneth Ray Runlberger,

**Re~pondent** 

### 24.51 Church Lane, SPC 38 San Pablo, CA 94806-5945 

# [)
KFT

### U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASillNGTON, DC 

## ***************************** In the Matter of: 

### * KENNETH RAY RUMBERGER 

## * Docket No. 

### FAA-2015-0639 

## * Case 

### No. 2015WP270015 

## * ALJ -RAWALD 

### * ***************************** TO: Honorable Douglas M. Rawald and Respondent JOINT REPORT REGARDING LITIGATION AND SCHEDULING ISSUES 

### In accordance with this Honorable Court's Order, served June 30, 2016, the parties respond as follows: 1. a. The parties met and conferred at an informal conference on July 6, 2016, at 4:00p.m. and meaningfully discussed litigation issues and proposed scheduling. b. i. The parties request to change the hearing venue of Los Angeles, California to Oakland, California. ii. The parties propose October 1, 2016, as the end date for completion of discovery. iii. The parties propose August 22, 2016, at 3:00 p.m. Central Time as the proposed date and time for another telephonic prehearing conference with Administrative Law Judge Rawald. iv. The parties propose October 31, 2016, as the due date for the filing of any prehearing motions. v. The parties propose either November 28, 29, or 30,2016, as the hearing date. Patricia A. McNall Kenneth Ray Rumberger Acting Assistant ChiefCounsel For Enforcement 

### By: Lisa Toscano, Attorney Enforcement Division, Western Team email: Lisa.M.Toscano@faa.gov 

### Telephone: (31 0) 725-7100 (main) (310) 725-7110 (direct) (310) 725-6816 (fax) 

### By:



### ------~--~~------­ Kenneth Ray RumbergerU.S. Department of Transportation Federal Aviation Administration 

### OVERNIGHT MAIL JUL .26 Z016 Office of the Chief Counsel



### Kenneth Ray Rumberger 2451 Church Lane, SPC 38 San Pablo, CA 94806-5945 Enforcement Division Western Team, AWP-7.13 PO Box 92007 LA., CA 90009-2007



### RE: In 

### the Matter ofKenneth Ray Rumberger, Case No. EIR 2015WP270015 Dear Mr. Rumberger: Enclosed is thejointreport, which lists the dates we have agreed upon for the scheduling ofthis case. Please sign and send it back to me by facsimile. My facsimile number is: (310) 725-6816. Also, in response to your request made during July 6, 2016, informal conference, please see the enclosed releasable portions ofthe Federal Aviation Administration's enforcement investigative report (EIR). The enclosed EIR includes all releasable documents upon which the FAA relied in preparing and initiating the above-referenced enforcement action. Portions ofthe EIRthat have not been released are withheld as privileged, because they contain the investigator's analysis, recomendations, and opinions. They are privileged because they are deliberative, pre-decisional materials, rendered by agency staffmembers in the course of reaching a final determination or position on a particular matter under agency consideration. 

### See, e.g., Jordan v. Department of Justice, 591 F.2d 753, 774 (D.C. Cir. 1978) (en bane). In addition, at the request ofthe Richmond Police Department, its arrest report, at lOP #3 and #4, is not being released. Enclosed is FAA Agent Harris' Record Review, summarizing the. information from the Richmond Police Department arrest report. Sincerely,

Lisa M. Toscano, Attorney Enforcement Division, Western Team email: Lisa.M.Toscano@faa.gov 

### Telephone: (310) 725-7100 (main) (310) 725-7110 (direct) (310) 725-6816 (fax)?US: FO 2150-· 1----------------------------------· ENFORCE!:'-1ENT INVESTIGATIVE REPORT Report Number Related Number i (Read Order 2150.3 for instructions) 201511P2700l5 

## 1-----------------------------------------------------------------------------i AU,EGED VIOLP..TO?: IDENTIFIC:il.TION 

### :-----------------------------------------------------------------------------! i -· Name RUHBERGER, KSNNETH DB.P. Name Des;i.gnato:r 2. Address (Include zip code) 2451 CHURCH LtUTS SPC 38 SAN PABLO CA 94806-5945 ! 

### 1-----------------------------------------------------------------------------l I TELEPHONE NUMBER (510) 234-1750 I 3. DATE 0?' BIETH 1966/03/25 j 4. SEX H i 

### 1-----------------------------------------------------------------------------l I 5. FP.-A Cert:. #- I 6. FP..Jl.. Certificate Type j INDIVIDUAL l I j NONE I 

### 1-----------------------------------------------------------------------------l l 7. P.·,fiation Employer 

### 1-----------------------------------------------------------------------------l AIRCRAFT, ENGINE, PROPELLER, COHPONEKT OR li.PPLIANCE INVOLVED j 

## 1-----------------------------------------------------------------------------l I 8. i'l:AKE SNIAS ! 9. MODEL 11.535083 l 10. IDENT. NDMBER 341HP I I I ACFT SN 3407 I 

### 1-----------------------------------------------------------------------------l

11. Ovmer Name C.:\L!FORNIA HIGHWAY PATROL 12. Address (Include zip code) OFFICE OF AIR OPEHATIONS 601 N 7TH S'I' SACRANENTO CA 95811-0208 

## 1---------------------------------C-------------------------------------------I ALLEGED VIOLATION I 

### 1-----------------------------------------------------------------------------l I 13. Date Occurred 1 14. Time I 15. Date Known to FAA I 16. Region of DisCO'! 1 i 2014/11/15 I 00:08 I 2014/11/15 I WP J 

### 1-----------------------------------------------------------------------------l

l 7. Location SAN PABLO CA Sec Cat 2493 LANCASTER DRIVE SAN PABLO, CA :n.irport ID 

### 1-----------------------------------------------------------------------------l 1 18 ·.-Believed Violated

i ----------------------------------------------------------------------------- ! 

# J' !' "7/ 10' ,;:


# .u 

# Y '"\/ A ( tr:J

r 

## l 3 2015
Tt::

**:l·11i:::~.': Su;mcr;:8ra:** 
**ct~** .. GA

**f',\:VP<i.J~j**

### :----------------------------------- i

**E~FOEC:St-~ENT** INVESTIGP.'l'IVE REPORT ! (Read Order 2150.3 for instructions) Report Humber 2015i<JP270015 RIS: FO 2150-· Related ·t<lur-.J:>e:: 

## i-----------------------------------------------------------------------------1

18. RegL!lat-ions Believed Violated (Co:>tinuedl 1

. I

Remarks:

I 

## 1-----------------------------------------------------------------------------l P-EL.l\TED DATA I 

### 1-----------------------------------------------------------------------------j J 19. Type I 20. Sub Type I 21. Category I 22. Source I 23. Accident Assoc. 1 08 I 05 I 18 I 06 00 I 

## 1-----------------------------------------------------------------------------l

24. Security Program
' -----------------------

**-~--** --------------------------------------------------- i INVESTIGATING FIELD OFFICE RECOMMENDATION 

## j-----------------------------------------------------------------------------1 26.

### 1----------------------------------- r E!:·lfORCEMENT INVESTIGA!IVE RE?ORT 1 (Read Order 2150.3 for instructions) Repor:t Number 2015\'1P270015 RIS: FO 2150-" Eelated

**Nurt~.ber**

: ----------------------------------------------------------------------------- i REGIONAL DIVISION REVIEW 

### 1-----------------------------------------------------------------------------l

Remart:s: 

## 1-----------------------------------------------------------------------------l 

# :

**-==;);~r-'t~~~?~--~::-~-==~-:~~~~~-~~**

# [_
______________________:

I



## Ty~£irame(~tJ.1:/signature BRUCE £ ALLEN I I of Approving Official MANAGER, TECHNICAL BF..ANCH

- GA, .P.WP230 I --------------------------------------------------------------------- --- c ---- I FAt>. Form 2150-.SA (4-80) FOR OFFICIP..L USE ONLY Supersedes FAA

**Fo~ms** 1650-5, 5200-5, 8030-1 and 8030-2CFR, Title 14 Regulations Violated:

Kenneth Ray Rumberger 

## SECTIONB Statement of Case

PAGE I OF 6 20 15WP27000 15The purpose ofthis Enforcement Investigation Report (EIR) is to prove that Mr. Kenneth Ray Rumberger operated a Laser pen light and interfered with California Highway Patrol (Cl-IP) helicopter flight crew members by pointing the Laser pen light from the ground at the helicopter while in flight on November 15,2014. The CHP helicopter flight crew was Mr. Peter Gavitte, who was the pilot in command (PIC); and a Mr. Whitney Lowe who was the Flight Officer (FO). After being flashed by the laser, the flight crew was able to contact ground Richmond Police Department (RPD) officers and directed them to a automobile driven by Mr. Rumberger at 2493 Lancaster Drive, Richmond, Ca. Mr. Rumberger was arrested by Richmond Police Department officers Mark Shanks. On December 12, 2014 Federal Aviation Administration's (FAA) Oakland Flight Standards District Office (FSDO, WP-27) manager David Binder received a E-mail from Westem Pacitic Region Office's (AWP-230) Technical Branch Manager, Bruce E. Allen via an e-mail from regional specialist David !balTa to investigate and process Laser Incident# LOOI96 (lOP# 1). A memorandum to AWP-230 was attached to the e-mail correspondence dated Nov 25, 2014. This memo is from FAA Law Enforcement Assistance Program (LEAP) AHW-300 and explains the Laser Incident individual arrested, (Javier Prado) by the VPD. This memo prepared by FAA security specialist Scott Harris and lists the RPD arrest reportcase #20 14-00017058 involved with this Laser Incident (lOP# 2). The memorandum included a Richmond Police Department memo and arrest- report, (3 pages) case number 2014-00017058 ofMr. Rumberger with Felony violation/offense charged 247.5 PC -Discharge ofa Laser at occupied aircraft (lOP# 3). The memorandum also includes a RPD crime report narrative by Officer Mark Shanks narrative (5 pages) that has a very descriptive narrative explaining the arrest ofMr. Rumberger which includes the laser. property receit for laser confiscated (lOP # 4). The memorandum also includes the CHP helicopter (FO), Whitney Lowe report/narrative ( l page) (lOP# 5). The subject Laser Incident involved a Eurocopter Astar helicopter, model AS-350-83, serial number 3407, FAA registration number N34l HP (lOP# 6). On December 16,2014 FAA Oakland FSDO Aviation Safety Inspector David Jensen sent a certified Letter ofInvestigation (LO!) including Privacy Act Notice to Kenneth Rumberger (lOP# 7). Received FAA Laser Beam Exposure Questionnaire from PIC Peter Gavitte (lOP #8).

Kenneth Ray Rumberger 2015WP2700015

PAGE20F6Kenneth Ray Rumberger 2015WP27000!5

PAGE 3 OF 6Violator's Attitude:

t' II, , 

### SECTIONB FactorsAffectingSanction

I l "I I .J t J

:.. ' I I • I I I n was Reported Voluntarily:

Kenneth Ray Rumberger
PAGE40F6 20 15WP27000 15I
. • .:. I I

·Kenneth Ray Rumberger 20 15WP27000 15

PAGE50F6

### SECTIONC Items ofProof

lOP #l: E-mail to David Binder WP-27 from David Ibarra AWP-230 and E-mail correspondent. lOP #2: Memo to AWP-230 from (LEAP) AHW-300. lOP #3: RPD Mark Shanks arrest repmt ofKenneth Ray Rumberger. lOP #4: RPD Mark Shanks crime report/narrative ofKenneth Ray Rumberger. lOP #5: FO Whitney Lowe narrative. lOP #6: CHP Helicopter Eurocopter FAA registration number N341 HP print out. lOP #7: LOI dated December 16,2014 to Kenneth Ray Rumberger. lOP #8: FAA Laser Beam Exposure Questionnaire from PIC Peter Gavitte.

Kenneth Ray Rumberger

PAGEI>OF6 20 15WP27000 15

### Jensen, David T (FAA) From: Jarrard, Timothy L (FAA) Sent: To: Tuesday, December 16, 2014 1:03 PM Jensen, David T (FAA) Subject: Attachments: FW: OAK FSDO Laser Incident L00196 SecureZIP Attachments.zip Importance: High

CHP laser Incident IWP272015022, Richmond, CA. ·; hunb. Tim Jarrard Oakland FSDO FLM OPS 510 748-0122, Ext. 268 Fax 510 748-9559 This communication, together with any attachments or links contained herein, is for the sole use of the intended recipient(s) and may contain information that is confidential or legally protected. 

### If you are notthe intended recipient, you are hereby notified that any review, disclosure, copying, dissemination, distribution or use of this communication is strickly prohibited. If you have received this communication in error, please notify the sender immediately by return e-mail message and delete the original and all copies of the communication, along with any attachments hereto or links herein, from your system.


### From: Binder, David M (FAA) 

### Sent: Tuesday, December 16, 2014 8:32 AM To: Jarrard, Timothy L (FAA) Subject: FW: OAK FSDO Laser Incident L00196 

### Importance: High

Regards David M. Binder District Office Manager, Oakland FSDO, WP-27 Desk: (510) 748 0122, extension 224 Mobile: (310) 780 0075 

### From: Ibarra, David (FAA) Sent: Friday, December 12, 2014 12:19 PM To: Binder, David M (FAA) Cc: White, Michael A (FAA); Allen, Bruce E (FAA); Cason, Gwendolyn R (FAA) Subject: OAK FSDO Laser Incident L00196 

### Importance: High 

### Hello David:

1

### Please find attached the Regional Memorandum, dated December 12, 2014, for Laser Incident 

### # L00196, and the associated police report, requesting your office to investigate and process this laser incident. For your convenience, I have attached the following guidance to process this laser incident:
• FAA Policy for Laser Incident Investigations, ASH-1 Memorandum dated April 25, 2012. • Notice N 8900.185-Laser Incident Enforcement Investigations • AGC-300 Powerpoint Presentation-Laser Interference Investigations • AC 70-2A Please use the following documents for your investigation:
• FAA Laser Beam Exposure Questionnaire (attached) • AFS Laser Item of Proof (lOP) Checklist (attached) • Report a Laser Incident (follow link) 

### Please Note:

Regional Office also requests the following:

Feel free to contact me ifthere are any question and/or issues.



### Vat~id 

# 'Uud

**1~** Regional Specialist FAA Flight Standards Division General Aviation Branch, AWP-230 Phone: 310-725-7244 (Mon & Tues) 2

# Federal Aviation Administration 

# Memorandum Date:

From: 1c e oot, ager, Investigations & 

### Law Enforcement Assistance Pro ram (LEAP) Division, AHW-300 Prepared by: Scott Harris, Special Agent, Law Enforcement Assistance Program (LEAP) Division, AHW-320 Subject: Laser Incident Report- ITS #LOO 196 On November 15,2014, the Internal Security and Investigations Office- Sacramento, CA was 

### advised of

### a November 15, 2014 laser strike against California Highway Patrol (CHP) aircraft H

### 32. On November 21, 2014, the Federal Bureau ofInvestigations (FBI), San Francisco provided the attached Richmond Police Department Arrest Repmt, Case #2014-0001 7058 which identifies the following individual as involved in/responsible for the 

### laser incident: Name: DOB: Address: Kenneth Ray RUMBERGER 3/25/1966 2451 Church Lane San Pablo, CA 94806 (510) 234-1750 FBI-San Francisco Special Agent Andrew Patrick ( 415-760-8042) is the point ofcontact regarding RUMBERGER's criminal investigation. The attached police report must not be incorporated into any additional reports, and must be maintained and used exclusively by the FAA. I(any requests aremade for copies ofthis report,they 

### must be directed to ASH and the originator ofthe police repot·t. The report is notfor public dissemination, and must be able to be recalled at any 

### time. Should you have any additional questions, please contact FAA SA Scott Harris (916) 956-8830. AUachments Richmond Police Department, Arrest Report, Case #2014-00017058 CHP Narrative/Supplemental, #14-17058 Laser Beam Exposure Questionnaire, Officer Peter Gavitte
This document is du; property ofFederal Aviation Administration, and its contents are intended for omcie.i use only. Access to 1his report is to be limited to those persons whose officirl duties require it. Any

**unautbori~cd** disclosure ofits contents is aviolation ofagency Order I

### roo.75. FOR OFFICIAL USE ONLY (Publtc availability to be determined under U.S.C. SS2)Federal Aviation Administration

Page

l of2 fo1SATB Home Registry

Air Operator
Air Agency Help What's New My FAA << Previous Page Aircraft with N #Equal to: 341 HP N Number 341HP Year Manuf. 2001 Serial# 3407 ModeS Code '50740702 Cert# -1N Multi-System Access Tool Registry Detail '" Status Code: N-Number Assigned and Registered

*' lnd Group 52 N-Number Assigned and Registered Status Cert Issue Date AirMWorth Date Pending N·Num Chg 02/10/2003 10/30/2001

Reg Code 8680954 Manuf. **Reg~Code Reg~Model**  **AC~Type** #of Engines #of Seats AC Weight AC Speed AC--Category AMAT TC--Bullt EUROCOPTER 8680954 AS 350 B3 Rotorcraft

01

6 Up to 12,499

o Land

0 New N# Se; Acces/t 043907

s Engine Manu! TURBOMECA Eng. Model ARRIUS2B

Eng, Type Turbo-Shaft Horsepower

Fuel Consumed Oealer/IR Certification Category 515

0 NoYes STANDARD NORMAL Registered Owner Information CALIFORNIA HIGHWAY PATROL OFFICE OF AIR OPERATIONS

601 N 7TH ST SACRAMENTO

CA 958110; __

, ____ ...

, ..... _ --

- **------"~"···---~-~---·---**

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---

- ------ AID, EIS, NPTRS, and SDR Quick Reports by N# - **~·--------** ------- \iiewF>revi01.ls

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-·· FOR OFFICIAL USE ONLY Information available within this website covered by the Privacy Act h ttps :/I av- info.
a vs. Ina. gov /MSATB/nnum ber.aspx ?txtReg NN=341 HP

1/9/2015U.S. Department of Transportation Federal Avialion Adminislralion


### December 16,2014 Oakland Flight Standards District Office



### CERTIFIED MAIL- 

### RETUR.J'\f RECEIPT REQUESTED Mr. Kenneth Ray Rumberger 2451 Church Lane San Pablo. CA 94806-5985 Subject: Case No. 2015WP270015 Dear Mr. Rumberger: 1420 Harbor Bay Parkway, Ste 280 Alameda, CA 94502-7083 Telephone: (510) 748-0122 Facsimile: (510) 748-9559



### Personnel ofthis office are investigating a laser incident involving a California Highway Patrol helicopter onNovember 15,2014, at or around 12:00 p.m. in the vicinity of2493 Lancaster, Richmond, California. Reports indicate that a laser struck a California Highway Patrol helicopter, and that you were identified as the individual!mested for shining a laser beam at the helicopter. Laser-related incidents pose a sufficient risk to flight safety and acts ofthis type are contrary to Federal Aviation Regulations. This letter is to inform you that this matter is under investigation by the Federal Aviation Administration (FAA). We would appreciate receiving any evidence or statements you might care to make regarding this matter within 1 0 days ofreceipt ofthis letter. Any discussion or wTitten statements fi.trnished by you will be given consideration in our investigation. Ifwe do not hear from yon within the specified time, our report will be processed without the benefit ofyour statement. Sincerely, 

### Original signed 

### by David T. Jensen Aviation Safety Inspector Enclosure Privacy Act Notice

AWP27:DJcnst:n:kct::X25l: 12/! 7/1-1:0\Corrcspondcnce Drop\[)cc 2014\A\V\Rumbergcr LOJ.doc\Fik 8030wJ b( Ib}: 20!5WP2700J 5,

## Federal Aviation Administration Complete questionnaire and e-mail to: laserreports@faa.gov OR send via fax to FAA Washington Operations Center Complex (WOCC) • (202) 267-5289 ATTN: DEN CONTACT INFORMATION Name of pllot/crewmember reporting

Peter Gavilte E-mail address and phone

**numb~>r** (e.g., home, cell, work) 

# I pgavitte@chp.ca.gov (707) 257-0103 war!< What seat in the cockpit were you occupying atthetime ofthe laser beam exposure? ("'Left (i' Right ("'Jumpseat (' Flight Engineer ("'Other/Not applicable How many crewmemb&rs on the flight had laser light shined directly In their eyes? ("' None (the laser light beam did not directly enter anyone's eyes} ("'One (i'Two ("'Three ('Fouror more Note: Ifany othercrowmemberhad directexposure to the Ieserlight in theireyes, each person exposed should complete their own copyofthis FAA LaserBeam Exposure Questionnaire FLIGHT INFORMATION Flight number, call sign and aircraft registration number (e.g., SWA572, Southwest, N287WN]

"H-32'' N341 HP Aircraft Make and Model (e.g., Boeing 737, Cessna 172, Airbus N320, 13AE Jelstream 32, Oornler 328) 

# IAEC AS-350 helicopter Category ofaircraft ('Airplane (i' Rotorcraft (' Lighler !han air ('Other (speoify) Type ofoperation ("Commercial Aviation ("' General Aviation (' Miltlal)l (i' Law Enforcement ("'Medical 

# .------------------------------, ('News RepQrting (" Olher (specify) L----------------------' Date of laser Incident !November 15, 2014 Please enter date oflaser incident ln Month Day, Year format {e.g., July 7:1, 2012). OR mouse dick in the data field to display ,a drop down arrow to view calendilr and make your selection, The calendar selection is optimized for PC's and may not be available on a Mac. Time of laser incident (enter Universal Time Coordinated (UTC/Zulu) format rounded to the nearest five minutes] 

# §:]:

**~** UTC/ZuluTime of day during laser incident Nighttime, on or after midnight local lime Location of aircraft during laser incident (Fixed Radial Distance (FRD) from navaid or airport, OR add la111ang coordinates)

Helicopter wasjust south of the interseclion of Hilltop Dr. and 1-80 freeway in the City of Richmond, CA Estimated geographic location ofthe laser source (e.g., the laser source relative to KDFW approach end of runway 35L was approximately 220 degree radial and 2 miles. You can also provide estimated latllong coordinates)

the laser source was from within a vehicle stopped at the intersection of Hilltop Dr. and 1-80 Approximate altltuue ofthe aircraft above ground level (AGL) jso1 - 1000 Feet AGL Primary, direction offlight at the time oflhe laser incident ('N ('S (ONW ('SW ('NE 

## <se ('E ('W (" None/Hover What phase(s) offlightwere you In during the laser Incident? (check all that apply} 

## O Taxi 

## D Descent 

## 0 Hover 

### 0 Takeoff 

## 0 Final approach 

## 0 Other (specify) 

## 0 Climb to altitude 

## 0 Landing 

### GZI Cruise attitude 

## 0 Low-altitude (<500ft. AGL) level flight

EFFECT ON FLIGHT Interference: Did the laser illumination Incident Interfere with your performanceof pilot or crewmember duties uurfng the flight? ('Yes (0 No Ifyou selected "Yes" above, how did the laser illumination Interfere with your pilot or crewmember duties?

Flight Path: Old the laser illumfnalion cause the pilot/crew memberto change the aircraftflight path? (' No change in flight path 

### r. Minor or non-adverse change (' Major or adverse change Disruption of Mission: Answer tl1is question ONLY ifyou were conducling law enforcement. medical or military flight operations during the time of the laser illumination incident. Did the laser illumination Incident disrupt your mission? ('Yes (0 No Ifyou selected "Yes" above, how did the laser illumination interfere with your mission? ·

The flight was on operational patrol and was returning towards Napa, the home base. The flight diverted from returning

# "LASER INFORMATION Color ofthe laser light? (if multi-colored, check all that apply) 

# a Red 

# a Blue



### ~~ Green 

### D Yellow 

# 0 Orange 

# @] While 

# D Purple

**~--~~~--------~~----~=---~~--------·** 

### D Other (specify) Tracking; Did the laser beam appearto deliberately track the aircraft?

(ii' Yes ('No ('Unsure/other (specify) 

# r----------------------------------, Cockpit Illumination: Did the laser beam enter through the windscreen and Illuminate any part of the cockpit? (ii' Yes ('No (' Other (specify) Eye exposure; Oh;! the the laser beam light shine

**dlrec~y** Into one or both ofyour eyes? (' Old not shine directly in my eye(s) (' Shined a lillie in my eye(s) (ii' Shined brightly in myeye(s)

EFFECT ON YOUR EYE(S): Answer questions below ONLY rf the laser beam shined a little or brightly in your eye(s) Did you experience any adverse VISION EFFECTS* from the exposure? (check all that may apply) 

## D Did notexperience adverse vision effects 

## 0 Glare (could not see past

**t~e** tight while it was inyoureye(s)} 

## 0 Temporary flash blindness and/or after Images (similarto a camera flash) 

## D One or more blind spots (spots in visual field lasting longer than 5-10 minutes) 

## D Blurry vision 

### D Significant loss of night vision



### ~~--------------------------------------. 

### D Other (specify)

**~--------------------------------------~** >!.Examples of common visiOn efle<ts Glare: Atemporarydisruption in vision causedby thepresence of abrightlight(such as an oncoming cor's headlights) within an

**Individual~** fieldof vision. Glare /astson6'as long as thebright/lghrls actually present within the indr'viduals fieldof vision. Flash blindness: Atemporary visualinterference effect thatpersistsafterthe source of theillumination has ceased, similar to a brightcamera flash. Afterimage:An Image thatremains In the visualfieldafteran exposure toa brightlight. Blindspot: A temporaryor permanentloss ofvision of partoft he visualfield. Unlike on afterimage, ablindspotdoes not fade, orfades veryslowly(taking manyminutes, hours ordaysto fade out), Did you experience any adverse PHYSlCAL EFFECTS from the exposure? (check all that may apply) 

## D Did not experience aoverse physical effects 

## D Watering eye(s) 

## 0 Eye(s) discomfort or pain 

## D Headache 

## D Feeling ofshock 

### D Disorientation orrd.::i:;zz:::ln.::ess:.::.:..____________________________ 1 

## D Other (specify) J scratchiness in left eye Did you rub your eye(s) after the exposure? (' No significant rubbing (ii' Rubbed them a little (' Rubbed them vigorouslyEVE EXAM RESULTS: Answer questions belowONLY ifyou had an eye cexam afterthe laser incident Enter tM medical facilfty name:

Whattype of doctor did the primary or most comprehensive examination of your eye(s)? (' Retinal Specialist \ Ophthalmologist (medical doctor specializing In eye health) \ Optometrist (tests for visual acuity and eye diseases; prescribes and fits glasseslcontacts) ('Optician (ffts glasses/contacts) ('Emergency room doctor, nurse or technician (' Other (specify) **~------------------------------------------~** Describe the results ofthe medical evaluation:

LASER INCIDENT REPORTING Did you report the incident to Air Traffic Control (ATC)? (0 Did nat report to ATC 

# r Reported via aircraft radio.communication ("" Reported via phone call \ Reported via walk-in to FAA ATC facirrty (" Other{specify) 

## ~------------------------------------~ Did you report the laser incident to an FAA Flight Standards (AFS) field office? (e.g., FSDO, CMO, CHDO) (' Did not report to AFS ("" Reported via aircraft radio communication (' Reported via phone call (" Reported via

**wal~·in** to FAA AFS field office (0 Other (specify) report forwarded to FAA Special Agent Scott Harris Ifyou reported to an FAA AFS field office, enterthe name and office !ocatlon

; . '·
..ADDITIONAL INFORMATION Did you have any prior knowledge or training on the hazards and effects of lasers aimed at a pilotlcrewmember? lNone (" Basic information about the hazards and effects Of lasers (i Detailed, specific information such as how to recognize and recover from faser lUuminations l Simulator training or sim11ar exposure to laser-like Uluminations in an aviation training environment ('Other (specify} Plea$!',f!ll'l 

### free to 

### add

**al\y.'aC!lfitlon~llnformatlon** 

### or comment$ about your flight,

## the

**laiarlr)pl~nt, r~p&fl.!ng,**  ·· ; andlor subsequantoutriorrte:
. ·. · ., · • · · · . · .· · ·. •. ·'·'·\'/ · ...,• . •. ··..•.

Did you report the unauthorized laser illumination incidentto the Domestic Incidents Network (DEN)? (No ('Yes What local law enforcement agency did you contact? (Include their phone number)

Was an arrest made?

(' No arrest, or arrest unlikely ('Maybe, still woll<ing the case ('Yes, arrest was made ('Arrest status is unknown
**r-------------------------------------~** (' Other (specify)


### L-------------------------------------~ SUBMIT COMPLETED FAA LASER BEAM EXPOSURE QUESTIONNAIRE Thank you for taking time to complete this questionnaire. Please "save" the completed questionnaire and submit to the FAA using one of the two methods described below: 1. Attach the saved PDF to an e-mail and send to: laserreports@faa.gov 2. Send via fax to FAA Washington Operations Center Complex (WOCC) • (202) 267-5289 ATTN: DENRecord: SUBJECT: DOB: RECORD REVIEW
Richmond Police Department, Report No. 2014-00017058 Kenneth Ray RUMBERGER 3/25/1966 OnNovember 15,2014, the Federal Aviation Administration (FAA) Law Enforcement Assistance Program (LEAP) Branch- Sacramento was notified ofa November 15, 2014laser strike against California Highway Patrol (CHP)- Golden Gate Division aircraft- CHP H-32. FAA LEAPSacramento obtained the arrest report from the Richmond Police Department (RPD) and summarized the information below from that arrest report. OnNovember 15, 2014, CHP H-32 was on patrol flying along Interstate 80 (I-80) eastbound at 1200 feet overthe City ofRichmond. H-32 aircrew noticed a bright green flash from the left side ofthe aircraft and the aircrew recognized the flash oflight to be a green laser which struck the aircraft again and appeared to be tracking the aircraft. CHP H-32 located the area from where the laser appeared to be coming from which was at the intersection ofwestbound Hilltop Drive and the on-ramp to I-80 eastbound. The laser was coming from the side window ofa light colored sedan which was the onlyvehicle at the intersection stopped at the red light. CHP H-32 followed the vehicle and coordinated a Richmond PD officer ground unit to the location ofthe vehicle. The Richmond PD officer ground unitwas directed to a stopped vehicle where an enforcement stop was made on a Silver Kia (6STF173) in front of2483 Lancaster Drive. Richmond PD Officer Mark Shanks contacted the driver ofthe vehicle Kenneth RUMBERGER (suspect) and Richmond PD Officer Patterson contacted the passenger, Mauricio ALVARADO. Richmond PD Officer Shanks explained to RUMBERGER that he was being stopped because there was reason to believe he was pointing a green laser pointer at a CHP helicopter. RUMBERGER showed Richmond PD Officer Shanks an Orion Skyline laser pointer he had inthe center console ofthe vehicle. Officer Shanks activated the laser pointer and saw a green laser beam coming from the laser pointer and Richmond PD Officer Davis asked RUMBERGER to exit the vehicle and handcuffed him. Officer Shanks spoke with ALVARADO about the incident and ALVARADO saidhe was never inpossession ofthe laser pointer and said that RUMBERGER was the only personpointing the laser pointer at street signs and objects while driving. Officer Shanks asked ALVARADO ifRUMBERGERpointed the laser at the CHP helicopter and he said he never saw him point the laser at the CHP helicopter. Officer Shanks asked ALVARADO ifRUMBERGER said anything about pointing the laser at the CHP helicopter and he said RUMBERGER did not mention pointing the laserbeam at the CHP helicopter. This report is the property of the Federal Aviation Administration, and its contents are intended for official use only. Access to this report is to be limited to those persons whose official duties require it. Any unauthorized disclosure of its contents is a violation of agency Order 1600.20.

FOR OFFICIAL USE ONLY (Public availability to be determined under U.S.C. 552}RUMBERGER was transported to the Richmond Police Department and booked for 247.5 PC and read his rights from a department Miranda card. RUMBERGER statedthat he knew his rights and wanted to tell Officer Shanks what happened. RUMBERGER said he and ALVARADO were driving on Hilltop Drive and he had a laser pointer and was pointing the laser at various street signs. He said the laser beam would illuminate the reflective paint onthe signs and it was interesting to look at. Officer Shanks asked RUMBERGER ifhe pointed the laser beam at the CHP helicopter and RUMBERGER said he pointed the laser beam at some signs and it may have reflected offthe sign and pointed toward the CHP helicopter. RUMBERGER said he could see why the CHP Officer would think that but he did not intentionally point the laser beam at the CHP helicopter. Officer Shanks stated that pointing a laser beam at an aircraft was a felony and RUMBERGER said he did not intentionally point the laser beam at the helicopter so he was not in violation ofthe crime. Office Shanks ended his questioning. This information was reviewed and gathered from Richmond Police Department- Report No: 2014-00017058. The following individuals were identified as SUSPECT and VICTIMS for this laser incident: SUSPECT: Kenneth Ray RUMBERGER 3/25/1966 2451 Church Lane San Pablo, CA 94806 510-234-1750 VICTIMS: Peter Gavitte CHP Golden Gate Division WhitneLowe CHP Golden Gate Division

This report is the property of the Federal Aviation Administration, and its contents are intended for official use only. AccesS to this report is to be limited to those persons whose official duties require it. .A,ny unauthorized disclosure of its contents is a violation of agency Order 1600.20.

FOR OFFICIAL USE ONLY (Public availability to be determined under U.S.C. 552)U;S. Department ofTronsportaffon Federal AViation Admlnlstrafion 

### December 16, 2014 Oakland Flight Standalds District Office



### £ERTIFIEDMAIL- RETURN RECEIPT REQuESTED Mr. Kenneth.

### Ray Rumberger 2451 ChurchLane SanPablo, CA94806-5985

**Su~~:CaseNo.2015WP270lH5** 

### _ ·- __ 

### Dear Mr. Rumberger: 1420 Harbor Bay Parkway, Ste 280 Alameda
.. CA !14502-7083 Telephone: (510) 748-0122 Facsimile: {510) 7-48-9559-



### Perspnnelofthis office.are investigating a 

### laser

### incident involving a California Highway Patrol helicopter onNovember 15, 2014, at or around 12:00 p.m. inthe vicinityof2493 Lancaster, Richmond, California.

**~eports** 

### indicate that

### a laser struck a CaliforniaHighwayPatrol helicopter, and that you were identified as

### the individual arrested for shining a laser

### beam atthehelicopter. Laser-related incidents pose a sufficientriskto flight safety and acts of this 

### type are contrary to Federal AviationRegulations. This letter is 

### to iriform youthatthis matter

### is underinvestigation by theFederal Aviation Administration (FAA). We would appreciate receiving any evidence or statements you might 

### care tomake regarding this matter within 10 days ofreceipt ofthis letter, Aoydiscussion 

### or written

**~ts**

### furnished byyou will 

### be given consideration

### inourinvestigation. 

### If we

### donot 

### hear from youwithinthe specified_time, ourreport will beprocessedwithout the benefit ofyour statement

David T. Jensen Aviation SafetyInspector



### 71114 0510 1'1001 5880 OOOb )tch

**z)~** ?:n::, C-OnE

### 3 

### Privacy Act Notice Thisnotice isproved in accordance with Section (e)(3) ofthePrivacy Act, 5 U.S.C. 

### Section 522a( e)(3), 

### and concerns the information requested inthe letter orform with

**~bich** 

### this notice is enclosed. A 

### Authoritv: This information is solicited pursuant to 49U.S.C. §40113(a) and

### the regulations issued under that statutory provision codified 

### inthe 14 CFRpart 

### 13. Submission ofinformation isvoluntary.· B. 

### Principal purposes: 

### 1. Therequest for information is intended to provide you with an opportunity to participate in

### the investigation. 

### 2. Therequested information 

### will be used to help determine whether ornotthere 

### has

**~--~~-~-ueen** 

### a violaiion-ofthe·Federai Aviation

### Regulations;andifso, what, 

### ifany, --··- enforcement action should

### betaken. C. Routine uses: Records from this system ofrecords maybe disclosed in accordance with the following routine uses that appear inDepartment ofTransportation (D01)/F AA 

### 847, Aviation Records onIndividuals (current edition): 

### 1. To provide basic Ainnan Certificate and qualification information to the public upon request. 2. To disclose information to the National Transportation Safety Board{NTSB) in connection with its investigation responsibilities. 3. Toprovideinformation about airmen to Federal, State, and local law enforcement agencies whenengaged inthe investigation and apprehension ofdrug lawviolators. 4. To provide information about enforcement actions arising out ofviolations ofthe Federal AviationRegulations to goverronent agencies, the aviation industry, and

### the public uponrequest. 5. To disclose informationto another Federal agency, orto a court or an administrative tribunal, when the government orone ofits agencies is a partyto ajudicial proceeding before the court or involved inadministrative proceedings before the tribunal. D. Effect offailure to respond: The FAA cannot impose anypenalties upon you 

### if you fail to respondt() this letter ofinvestigation. Ifyou fail 

### to supplythe requested information, however, the FAAwill make determinations about possible enforcement action'forthis ----------rma,.;·""tt"'e'"r Withoutthe benefit ofyoi.it comments oiithis matteC

- --- - -·--- ----- · · --,, \\;' Federal Aviation Admi11istration t Oakland FSDO, **WP-2~** 1420 Harbor Bay Parkway, Ste 280 Alameda, CA 94502-7083 11111111 7014 0510 0001 5880 0006 Mr. Kenneth Ray Rumberger 2451 Church Ln, Spc 38 San Pablo, CA 94806-5945 . 94EiOEtSt;i"4S39

;i ? iiii'JIIl

.. JI•IIIIIJIJllllllln•JIIIIJII •nl1ll • 'I'•I•I••JI'II'Jii .;t **_,~:!,** .J.

J
..... ,.,.

_,_•¢< !JF;

11 •;.::, ::·!,.[u.s. Departmenf''" of Tronspartaffan Federal AViatioh Ac:lminislralion 

### December 16, 2014 Oakland Flight standards District Office



### CERTIFIEDMAIL- RETURN REQ:IPT REQUESTED 

### Mr. Kenneth RayRumberger 2451 Church Lane San Pablo, CA 94806-5985 Subject: Case No. 2015WP2700I5 ' 

### Dear

### Mr':' Rumberger: 1420 Harbor Bay Parkway, Ste 280 Alameda, CA 94502-7083 Telephone: (510) 748-Q122 Facsimile: (510) 748-9559



## AUG 

## 'I 9 2016

Persomiel ofthis office are investigating a laser incident involving a California Highway Patrol helicopt!ll'onNovember 15, 2014, at oraround 12:00p.m. in the vicinity of2493 Lancaster, Richmond, California. Reports indicate that a laser struck a California HighwayPatrol helicopter, and that you were identified as the individual arrested for shining a laserbeam atthehelicopter. Laser-related incidents pose a sufficient risk to flight safety and acts ofthis type 

### are contrary to Federal Aviation Regulations. This letter is to inform youthat this matter is under investigation bythe Federal Aviation Administration (FAA). We would appreciate receiving any evidence or statements youmight careto makeregarding this matter within 10 days ofreceiptofthis letter. Any discussion or written statementsfurnished byyou 

### will be given consideration in our investigation. lfwe do not hear from you within the specifiedtime, ourreport will beprocessed withoutthe benefit ofyour

**~~l!C=** 

### statement. Sincerely, 

### Original signed 

### by David T. Jensen ·Aviation Safety Inspector Enclosure PrivacyActNotice



## p~ 'f"' ' ·\fAA CAS£ NO. 201SWPZ70015 

### I, Mauricio Alvarado, declare asfollows: Tliis is a declarationbyMauricio Alvarado, I 

### have

### personal knowledge ofeachfact stated 

## m this declaration. 

### I 

## am a Ciilifomiaresident and was a passengerinDefendant Kenneth

### Ray Rumberger's vehicleon

### the night of

### the allegedincident. 

### If



### 3sked I could competently

### testifyto

### thefollowing. On

### November 15, 2014 at approximately I 1:30pm, defendant Kenneth Ray Rmnberger picked

### meupinhis vehicleat Toys R 

### Us onFitzgeraldDrivein Pinole, Ca. Once inhis car, defendant Kenneth RayRumbergerand I 

### proceededtotravel inhis 

### car toward 

### AppianWay. 

### After arriving atManorRoad and making a right

### tumis whenI observed Mr. Rumberger 

### shining the laser at

### the streetsigns, only

### upuntil 

### we reached the stoplight. Atnopointdid I observe KennethRay Rumbergerpoint

### the laser

### beam at

### the sky onthe night 

### of theallegedincident. Atnopointdid I observe

### the defendant pointthelaser beam attheEurocopteFmodel As350-B3 aircraft on

### thenight of the alleged incident. 

### OnNovember 15, 2014 I did not

### observe any airplanes orhelicopters inthe air either 

### aboveus orin

### thevicinitywhile defendantKenneth RayRumbergerilluminatedthe 

### streetsigns using

### the laserpointer. 

### On November 15, 2014 only

### afterthe defendant

### waspulled over

### byRichmond Police Department, 

### was thehelicopter present inthe

### sky. If calledas a witness I 

### will

### testi:fy thatKenneth

### RayRumbergerdid not

### aimthe laser pointer atthe 

### sky onNovember 15,2014. 

### If called as a witness I 

### will

### testify that defendantKenneth

### Ray Rumbergerdidnot

### aim at, orilluminatethecockpitofEurocoptermodelAs-350-B3 

### aircraft onNovember 15, 

### 2fH4. I declare underthe 

### penalty of perjuryunder

### the 

### laws of

### the State ofCalifurnia

### that the foregoing istrue

### and correct.

### Docket No. F AA-2015-0639 (Civil Penalty Action) SERVICE LIST -BY 

### U.S. MAIL ORIGINAL & 

### ONE COPY 

# [) Federal Aviation A inistration 800 Independence venue, S.W. Washington, DC 20 91 Attention: Hearing ocket Clerk, AGC-430 Wilbur Wright Buil ing-Suite 2W1 0001 2 

# H 19 

# zms DOCKET

i 

### Kenneth Ray Rumlrger, Respondent 

### 2451 Church Lane, PC 38 San Pablo, CA 948 6-5945 Lierre Green, Comp ainant's Counsel 

### Office ofthe Regio al Counsel, AWP-7.6 Western-Pacific Re ion Federal Aviation A iuistration P. 0. 

### Box 92007 Los Angeles, CA 9 009-2007 TEL: 310-725-71 7 FAX: 

### 310-725-68 6
. ONE COPY



### The Honorable



# Do~glas M. Rawald, Administrative LawJudge 

### Office ofHearings, M-20 U.S. Department o Transportation 1200 New Jersey A enue, S.E. (Ell-310) Washington, DC 2 590 TEL: 202-366-51 1 StaffAssistant FAX: 202-366-75 6

2 Service was by U.S. ail. For service in person or by expedited courier, use the following address: Federal Aviation Adrninistrati n, 600 Independence Avenue, S.W., Wilbur Wrigbt Building-Suite 2WIOOO, Washington, DC 20591; Attention: earing Docket Clerk, AGC-430.