### CORRECTED AT PAGE 3 

# D
U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS 

# H._
__n,-,!NG WASHINGTON, DC 

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

## * KENNETH RAY RUMBERGER 

## * DocketNo. FAA-2015-0639 

## * Case No. 2015WP270015 

## * ALJ -RAWALD 

## * 

## ***************************** TO: Honorable Douglas M. Rawald and Respondent COMPLAINANT'S OPPOSITIONTO MOTION TO DISMISS COMES NOW, Complainant, by counsel, pursuant to 14 C.F.R. § 13.218(d), files this Opposition to Respondent's Motionto Dismiss, served by mail onAugust 15,2016. Introduction The Complaint alleges Respondent violated 14 C.F.R. § 91.11 when, on or about November 15, 2014, he pointed a laser at an aircraft- N341HP, and the beam oflightillmninated the aircraft's cockpit, interfering with a crewrnember in the performance ofthe crewrnember's duties. See, 76 FR 76611-76612 (Dec. 8, 2011): directing laser beams towards aircraft operating
on the ground or in the air so that it interferes with a crewrnember in the performance ofthe crewmember's duties is a violation of section 91.11; and persons violating section 91.11 are subject to a substantial civil penalty. Background Respondent moves for dismissal stating that the Complainant's evidence does not meet the clear and convincing standard ofproof. Respondent attaches to his motion the releasable portions ofEnforcement Investigative Report (EIR) 2015WP270015 and a declaration from the passenger who was in Respondent's vehicle at the time ofRespondent's arrest.

### The releasable portions of the EIR include the Laser Beam Exposure Questionnaire completed by the aircraft's pilot in command- CHP Of1icer Gavitte and a summary "Record Review" of the Richmond Police Department Arrest Report. (Richmond Police Department requested that its arrest report not be disseminated.') In support ofhis motion, Respondent states that the Laser Beam Exposure Questionnaire contains contradictory responses; that portions of the EIR released to him are blacked out; and that the "Record Review" ofthe Richmond Police Department arrest report is biased. In further support ofhis motion, Respondent includes and refers to his passenger's declaration wherein the passenger states he only observed Respondent aiming the laser pointer at street signs. Argument In accordance with 14 C.F.R. § 

### 13.223 of the Rules of Practice in FAA Civil Penalty Actions, the standard ofproofin this matter is by the preponderance ofreliable, probative, and substantial evidence. The portions of the EIR that were blacked out were withheld as containing privilegeddeliberative, pre-decisional material. See, the undersigned counsel's cover letter to Respondent ' providing the releasable portions of the EIR, which is attached to Respondent's motion to

dismiss. CHP OtTice Gavitte explains that the reason he responded "No" on the Laser Beam Exposure Questionnaire to the questions "Did the laser illumination incident interfere with your performance ofpilot or crewmember duties during the flight?" and "Did the laser illumination

I On August 22, 2016, the undersigned counsel contacted Respondent and provided Respondent with the records section supervisor contact information ofthe Richmond Police Department so that he could obtain the report ofhis arrest directly with the Richmond Police Department.

### incident disrupt your mission?" is because through mitigation he was able to maintain control and continue operating the helicopter. See attached, Exhibit C-1, Officer Gavitte's Narrative/Supplemental, dated August 25, 2016, with attached Exhibit 1, Flight Officer W. Lowe's Narrative/Supplemental, dated November 15, 2014, and with attached Exhibit 2, the Laser Beam Exposure Questionnaire completed by Officer Gavitte. Officer Gavitte states that he
was able to mitigate the laser strike to his eyes by taking his hand offa flight control (collective) to block the laser beam, by using his peripheral vision only for navigating on a forward path, and by lowering his vision inside the cockpit so that he would not lose control. Thus, there is no dispute that the laser beam illuminated the cockpit ofthe helicopter and the laser beam interfered with Officer Gavitte's performance of his piloting duties; Officer Gavitte took extraordinary
measures to maintain control of his helicopter. On the remaining issue, Respondent denies he pointed 

### a laser at the police helicopter. However, Officer Gavitte states that the laser beam appearedto deliberately track the aircraft. See Exhibit C-1, at p. 5 ofExhibit 2. WHEREFORE, the Complainant respectfully requests ti;lis Court deny Respondent's motion to dismiss. Respectfully submitted, PatriciaA. 

### McNall Acting Assistant ChiefCounsel For**Enforcem~nt** 

### By: ·**~b** 

### Lisa Toscano, ttomey Enforcement Division, Western Team email: Lisa.M.Toscano!fffaa.gov Telephone: (310) 725-7100 (main) (310) 725-7110 (direct) (310) 725-6816 (fax) Dated:

# ~ :U,;

# 2-0;t::,

3STATE OF CALIFORNIA NARRATfVEISUPPLEMENTAL CHP 556 (Rev. 7-90) OPI 065 DATE OF INCIDENT/OCCURRENCE 

# . l TIME (2400) 11115/2014
. 0007 i"X"ONE "X" ONE 

### '0 Narrative 

### 0 Collision Report jNCIC NUMBER9314 

## I OFFICER t.D. NUMBER 015945 TYPE SUPPLEMENTAL ("X"APPUCABlE} 

### 0 BA Update 

### D Fatal bgj Supplemental 

### l8l Other: FAA 

### 0 Hazardous Materta\s 

### 0 School Bus CfTYICOUNTYIJUDIClAL DISTRICT Richmond/Contra Costal LOCATJON!SUBJECT Over Hilltop Dr. at 1-80/Kenneth Rumberger 1. 

### SUMMARY (FACTS} Page of 2 NUMBER 

### 0 Hit and Run Update 

### l8l Other. FAA laser fonn REPORTING DISTRICT/BEAT 

## I CITATION NUMBER STATE HIGHWAY RELATED 

### DYes l8l No

2. 

### This SUt>Qlemental re[!ort is being 12re12ared to clarif;r

**m~** 

### [!osition, involvement in and resQonses in the laser beam 3. 

### guestionnaire regarding a laservs. aircraft incident on November 15, 2014. 4. 

### On that date I was on du!Y, in uniform and em(2lo:yed as a Qeace officer with the California Highway Patrol. I was 15 

### and am assigned as an officer/helico12ter t>ilot with the CHP's Golden Gate Division Air OQerations Unit based at

6. 

### Napa Airport. 

### '· On 11115/141 was flying as the Qilot-in-command (single t>ilot) ofa marked CHP/Iaw enforcementhelicoQter, a a. Euroco12ter AS-350 

### 83 registration N341 HP, "H-32". The crew consisted ofmyselfand m;r t>artner, Officer W. 9. 

### Lowe, # 19436, a non-Qilot Flight Officer/Paramedic who is also a 12eace officer. I was using Night Vision Goggles 10. 

### (NVG's) during the flight. 11. 

### At aQt>rDXimately 0007 hours we were on patrol overthe Citv ofRichmond nearHilltop Dr. and l-80 freeway. At 12. 

### an altitude ofal:'Qroximately 1200' MSL, we were struck by a green laser light. The beam entered the cockQit 13. 

### windshield from a ground QOSition from the left/front ofthe aircraft. Though my NVO's were in the down QOSition 14. 

### the beam entered from the left side hitting m)' naked eye. The beam a1212eared to trackthe helicot>ter as we were in 15. 

### a left hand turn and the beam struck the aircraft a second time from the front. The beam shinedbrightly and caused 16. 

### me temJ:lora!:Y flash blindness. When it shined through the Qlexiglass it "scattered" and was disorienting/distracting 17. 

### besides causing tem12orarv blindness. When the beam subseguently hit the aircraft from the front, I lifted my left 18. 

### hand from the collective control to block/minimize the beam and had to use my periQheral vision only to see ahead. 19. 

### Ut>on return to Nat>a I ex2erienced Qain/irritation/redness to Qrimarily m;r left e:ye. 20. 21. 22. 23. 24. 25. 26. 27.

129 30. 31. PREPARER"S NP.ME ant:! l.D

**NUMBEf~** DATE REVIEWER'S NAME DATE 

### P. Gavitte#\5945 08/25116 Use prevtous edtttons

**un~d** depleted Exhibit C-1 1Chp55S_11 14.pdi ISTATE OF CALIFORNIA NARRA TIVEISUPPLEMENT AL CHP 556 (Rev 7-90) OPI 065 DATE OF !NCrDENTIOCCURRENCE 1"""1':07 11115/2014 "X" ONE "X" ONE 

## I NCIC NUMBER9314 

# l OFFICER I.D, NUMBER 015945 TYPE SUPPLEMENTAL ('AAPPUCABLE} 

### 0 Narrative 

### D Comsion Report 

### D BAUpdate 

### D Fatal

**~** Supplemental I;;;J Othec FAA 

### D Hazardous Materials 

### D School Bus C!TY/COUNTYtJUOIClAL DISTRICT Richmond/ContraCosta/ Page 2 of 2 NUMBER 

### D Hit and Run Update I;;;J Other. FAA laser form REPORTING DISTRICT/BEAT JCITAT\ON NUMBER 'LOCATION/SUBJECT STATE H\GHWAY RELATED

IOverHilltop Dr. at 1-80/Kenneth Rumberger 

### 0 Yes 0No

1. 

### QUESTIONNAIRE RESPONSES 2. 

### I answered "no" in the guestionnaire to the questions, "Did the laser illumination incident interfere with xour 3. 

### I:Jerfonmance ofQilot or crewmember duties during the flight?" and "Did the laser illumination incident disruptxour 4. 

### mission?". Due to the number ofincidents and safetx concerns related to laser illumination Ihave conducted 5. 

### train.ing to mitigate disorientation. Part ofthis training is to "aviate" first, keep the aircraft fl;ting to [>rotect m;t 6. 

### crew, mj'selfand eersons/[>ro[>erty on the ground. In this case "aviating" included the mitigating res[>onse oftaking 7. 

### m:r hand offa control {collective) to block the laser beam. 

### It also included having to view the forward r:>ath ofthe 8. 

### aircraft with [>eripheral vision only as well as lowering my vision to inside the cockpit to make sure I 9. 

### didn't lose controL Regarding the second guestion of"Did the laser illumination incident disru[>t your mission?". 10. 

### l answered "no" as Itook the guestion to mean, did we divert from an active call (pursuit, search etc.) to handle the 11. 

### laser incident. While we were not on another active call, we were on an active r>atrol flight which includes securi!;t 12. 

### checks ofinfrastructure such as bridges, refineries, [>OWer stations etc. and we did divert from this securi!J' [>atrol to 13. 

### recover from the laser illumination and follow the sus[>ect and have ground officers affect an arrest. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29.



## - 30. 31. PREPARER'S NAME and LD. NUMBER P. Gavitte #15945 DATE REV\EWER'S NAME 08/25/!6 Use prev1ous ed1t1ons unt1l depleted DATE

Exhibit C-1 2 

### '

iSTATE OF CALIFORNIA 

### NARRATIVE/SUPPlEMENTAL DATE OF INCIDENT TIME 1111512014 0020 

### 1 SUMMARY: PAGES I OF S 1 NCICNUMBER OFFICER I.D. NUMBER 1478 14-17058

2 On Saturday, November 15, 2014 at approximately 0007 hours, 

### 1 was on patrol as a Flight Officer in 3 CHP Helicopter H-32 with my partner Officer/Pilot Gavilte, ID #15945, flying along 

### 1-60 eastbound in 

### e 4 shallow /aft tum at approximately 1200 feel over the city of Richmond. 5 

### As we were flying, I noticed a bright green fiash from myfront left side. I immediately recognized this flash 6 to be that ofa green laser being pointed 

### at our aircraft. I knew it to be a laser pointer as I have been 7 Illuminated with a green laser before while in L'le aircraft. 1 told the pilot we were being lased, and we were 8 immediateiy lased another time, now from a head on position to the aircraft, as the laser appeared 

## to be 9 tracking the helicopter. The area from where the laser was coming appeared to be the intersection of 10 westbound Hilltop Drive and the on-ramp

## to 1-80 eastbound. 1 saw the laserwas coming from the driver 11 side window ofa light colored sedan which was the only vehicle at the intersection, stopped at the red light. 12 When the light turned green, the slv continued on

**Hil~op** Drive at a high rate ofspeed until 

### it caught up to 13 several cars ancl had to slow down. The slvthen stopped in the lefttum Jane of Hilltop Drive, preparing to 14 make a left turn onto Robert Miller Drive. I asked Richmond Police Department Dispatch for any available 15 unit in the area 

### to assist in conducting an enforcement stop on the vehicle. Three ground units responded 16 to the Intersection of Hllftop Drive at Robert Miller Drive before the light turned green forthe 

### slv to tum left 17 onto Robert Miller Drive. When the lightturned green, the slvquickly lumed left and changed lanes, 18 rapidly accelerating from traffic. The s/vthen made a leftturn onto Birmingham Drive, followed by a right 19 turn onto Lancester Drive, followed byanother leftturn onto Southampton Court. The slvwent to the end 20 ofthe court and !hen slowly turned around and began coming back towards Lancaster Drive. By this lime, 21 Iwas able to directtha unffs to where the s/v was, and as the s/v made a left tum back onto Lancaster 22 Drive, the Richmond Police Officers conducted an enforcement stop after I confirmed they were behind the 23 rightvehicle. From the time we were lased, until the !/methe enforcement stop was made, I never lost 24 sight of the s/v. The primary unit, ca/lsign1 Lincoln 8, was Officer Shanks #1478. He identilied the driver 25 as Kenneth Ray Rumberger and ultimately placed him under arrest for violation of 247.5 PC - Pointing a 26 Laeer Pointeratan Aircraft. The green laserwas located and later booked Into evidence at the Richmond 27 Police Station. (Referto Officer Shanks's arrest report fordetails involving his arrest and evidence booking) 

### 28 29 RECOMMENDATIONS: 30 I request this supplemental be adcled to Officer Shanks's report to assist in the prosecution of Kenneth Ray 31 Rumberger for the crime of247.5 PC - Pointing a laser Pointer at en aircraft.


### PREPARED BY W.LOWE 

### I OFFICER t.D. NUilf.fleR 019436 DATE REVIEWER'S NAME 

### 11/15/2014 DATE

Exhibit 1 1

# • Federal Aviation Administration LASER BEAM EXPOSURE QUESTIONNAIRE Complete questionnaire and e-mail to: laserreports@faa.gov OR senti via fax to FAAWashington Operations CenterComplex (WOCC). (202) 267-5289 ATTN: DEN CONTACT INFORMATION Name of pllotlcrewmember reporting

Peter Gavitle E-mail address and phone number(e.g., home, cell, wori<) 

## j pgavitte@chp.ca.gov (707) 257-0103 worn What seat In th<l cockpitwereyou occupying atthetimeofthe laser beam exposure? (' Lefi (. Right ("Jumpseat ('Right Engineer ("Other/Notapplicable How many crewmembers on the flight had laser lightshined directly Intheireyes? (' None (the laser light beam did not dlreclly enter anyone's eyes) (' One \oTwo ("Three ("Fourormore Note: Ifanyothercrewmemberhaddirectexposure to the laserlightIn theireyes, each parson exposedshould complete theirown copyofthis FAA Lasar&lam

**~Exposure** Questionnaire FLIGHT INFORMATION Flight number, call signand aircraftregistration number(e.g., SWA572, Southwest N287WN) 

# I "H-32" N341 HP Aircraft Make and Model (e.g., 6oelng 737, Cessna 172, Airbus A320, BAE Jetstream 32, Domler 328) 

# IAEC AS-350 helicopter Categoryofalrcmfl 

## r Airplane (i Rotorcraft (' Ughterthan air 

### I Other (specify) Type ofoperation I Commercial Alllatlon (' General Alllation ('Mlntary (e' Law Enforcement



### ~-----------------------------, (' Medical (' News Reporting I Dlhar (specify)


### L-----------------------------------~ Date oflaser !ncldan!



### 'November 15,2014 Pleese enterdate

### oflaser Incident In Month Day, Yearformat (e.g, July 27, 201.2). OR mcu,.clid< In

. the data field Itdisplay a drop down arrowto view calendarand make your selection. The calendar selection is optimized for PC's and may not be available on aMac. Time of laser lnelclent (enter Universal Time Coordinated (UTC/Zulu) format rounded to the MerestfiVe minulse)



## \~}**~** I.ITC!Zulu

.:•'· :, ..

### ,. - ·'.

**~·** Exhibit 2 1

### I 

### certifythis lOP 

### is a Certifiedtrue copy. DavidT. Jensen Dated 1/9/2015

Exhibit 1 2Time ofclay during laser Incident Nighttime, on or after midnight local time Loea!!on ofaircraft during laser Incident (Flxed Radial Distance (FRO) from navald or airport, OR add latllcng coordinates)

Helicopterwas just south of the Intersection of Hilltop Dr. end I-SO freeway in the City of Richmond, CA Estimated geographic location ofthe lasersource (e.g., the lasersource relative to KDFW approach end of runway 35L was approximately 220 degree radial and 2 miles. You can also provide estimated laVIong coondlnates)

the laser source was from within a vehicle stopped at the ln!ersection of Hmtop Dr. and 1-80 Ap;>rox!mate altitudeofthe aircraftabove ground level (AGL) 1501

- 1000 Feet AGL Primary lllre<:!lon offlight atthe time ofthe laser lnclllem 

### IN 

## <s leNW 

## rsw ("'NE 

## rse: ("'E 

# rw r NMe/Hover Whet phase{s) of!lightwere you In duringtho laser Incident? (check all !hat apply) 

## 0 Taxi 

## 0 Takeoff 

## D Climb to allltude 

## 0 Cro!se eUitude 

## D Descent 

## D Hover 

## D Final approach 

## D Olher (specify) 

## 0 Landing 

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

EFFECT ON FLIGHT Interference: Did lhe laser mumlnotlon Incident Interfere with your performance ofplio! or crewmember dulles during the ll!ght? ('Yes \o No If

### you selected 'Yes" above, how did the raser Illumination Interfere with your plio! orcrewmembar duties?

Flight Path: Did the laserlllumlnalicn cause the pllollcrew memberto change lhe aircraft flight path? 

## r No change In ftlght path {e Mlrtor

### or non-adverse change (' Majororadverse change O!srupllon of Mission: Answer this question ONLY if you were cond<1cting law enforcement, medical or military flight operations during the time ofthe laser illumination Incident. Old the laser illumination IncidentdisruptyourmiSsion? ('Yes 

## r. No Ifyou selected 'Yes" above, haw did the laser illumination Interfere with your mission?

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

Exhibit 2 3

# ..

### I certifythis lOP is a Certified true copy. DavidT. Jensen



## /:?-To/~ Dated 1/9/20/5

Exhibit 2 4LASER INFORMATION Color of !he laser light? (If multi-colored, check all that apply) 

# a Red 

# a Blue



## ~ Green 

## D Yellow 

# g Orange 

# [g] While 

# [Qj Purple



## 0 Olher (specify) Tracking: Olcl the laser beam appearto deliberately track the aircraft? (o' Yes (' No 

## r Unsure/other(speclly) 

# ,----------------------------------; Cockpit Iilumlnatlon: Old the laser beam enlerthrough !hewlnc!screen ancllllumlna!e any part of!he cockpit? (iYes (' No (' Other{specify) Eye exposure: Ole! the the laser beam lightshine

**dlrec~y** lmoone orboth ofyour eyes? (' Old no!shine dlroclly In my eye(s) ('Shioad a little in my ays(s) (i Shined brighlly In my eye(s)

**~** EFFECT ON YOUR

**EYE(S}~** Ans\·.e1 qL est1ons b<:!fO'.'/ ONLY if !he laser beam shined a ltltle or

**brigh::l~'m** yot:r eye(s) Old you e)t!lerisnce any adverso \IIS!ON eFFeCTS*from the exposure? (check all that may apply) 

## 0 Did nat experience adverse vision affects 

## IZJ Glare (could not see past the lightwhile Itwas In youreye(s)) 

## IZJ Temporary flash blindness and/or after Images (similarto acamera flash) DOneor more blind spcl.s {spots In visual field lasting longerthan 5-10 minutes) 

## 0 Blurryvision 

## D Slgnllk:ant lass ro:.;f n:.;lg:::h::..l v:.;ls:.;lo:.;n _________________________ ___, 

## 0 Otller (specify)

**~----------------------------------------~**

**-~~Examples** of common visioneffects Glare: Atemporarydisruption in vision causedby thepresenceof abrightlight(such asanoncoming

### cars headlights) within on Individual's 1/e/dofvl5/an. Glarelasts onlyas longas thebrightlightIs actually presentwithin the Individuals fieldofvision. Flash

### blindness: Atemporaryv/suallnterference effectthatpersistsarterthesource ofthe Illumination has ceased, similarto abrightcamera flash. 

### AfterImage:

### An Image 

### thatremains In the visualfieldafteran

### exposure to abrightlight. Blindspot: A

### temporary or permanentlossofvision of 

### portafthe visualfield. Unlikean afterImage, a blind

### spotdoesnot fade, orfades veryslowly(takingmanyminutes, hoursordays to fade our). Old you experience any adverse PHYSICAL EFFECTS from ll"le exposure? (check all that may apply) 

# 0 Did not experience adverse physical effects 

## 0 Walertng eye(s) 

## IZJ Eye(s) discomfort or pain 

# 0 Headache 

## 0 Feeling of shook 

## 0 Disorientation

**orr~dl~zzl="="~ss:.._**____________________________ ., 

## 0 Other (specify) 

## I scratchiness in left eye Did you rubyour eye{s) afterthe exposure? (' No signlftcant rubbing CO". Rubbad V1em a little \ Rubbed them vigorously '._I_ l_:j •.;
Exhibit 2 5

### I certifY this lOP is a Certified true copy. DavidT. Jensen 

## //--T**g~** Dated 1/9/2.iff5

Exhibit 2 6**~** EYE EXAM RESULTS:

**:Ans~·:t::J ques~ions**  b0JowOJ\JtY jf you b?.d an eye r...xam HHer1h<:Jaser incident

**~** Enterthe medical facility name:
What

### type ofdoctor did the primary or most comprehensive examinolicm ofyour eye(s)? ( Retinal Specialist ( Ophthalmologist (medical doctor specializing In sya health) t Optometost (tests forvisual acuity and eye diseases; prescribes end ffis glosses/contacts) ( OpUctan (fits glasses/contacts) ( Emergency room doctor, nurse orlechnlctan 

## r other (specify) Describethe results ofthe medical evaluation:

LASER INCIDENT REPOR1/NG Did you reportthe IncidenttoAirTraffic Control (ATC)?

**~** Did not reportto ATC 

## r Reported via alrcrafi radio rommunicatlon ( Reported via phone call ("'Reported vlla walk-In to FAA ATC faclltty (' Other (speolfy)
Did you report the laser Incident to an FAA Flight standards (AFS)Ilsld office? (e.g., FSDO, CMO, CHDO) ('Did not report to AFS ( Reported via aircraft radio commuok:atloo 

### t Reported via phone call (' Reported via

**walk~n** to FAAAFS field office



### ~Other (speelfy)

# Ireport forwarded to FAA Special Agent Scott Hams ifyou ral!'orted to an FAAAI'S lleld office, anlsrthe name and office location

....>.·.
Exhibit 2 7

### I ce11ify this lOP is 

### a Certified true copy. David 

### T. Jensen 

# Died1/;tffr5

Exhibit 2 8ADDITIONAL INFORMATION Did you have any prior knowledge orlrafnfng on 111e hazards and effeots of IMers aimed 

### st a p!lotlcmwmember? ('None 

## r Basic information about the hazards an<! effacts of lasers (o' Detalle<J, SP€c!ficInformation such as hew to raccgnlze and neeoverfrom laser illuminations ('Simulatortraining or similarexposure to taser·fike mumlnations in an aviation training environment 

## r Olhet (specify)

**FiailiiJ!;f~l.free to'aiit~**  **~>nvi~lldilloo~**

### iriicrmatlon.oroom;nant& abc

### lit'your'fllghi,

**iii~ iali~f.iii'c'i~!'i!.**  **i~~~i!Ing,** 

## ,

**arul/iir,~J,IIiSeqtumb:iutriome:** 

### .. : ';. 

# >' · •.. . .· .· i

**~· ~:;,"·':'/•:'::,.**  

### :•'. 

# •g . .·

Did

### you report

### theunauthorlzetllaeer Illumination 

### lnoldenllo 11m Domestic lncldems Networl< (DEN)? \No 

### \Yes What local law enforcement agency did you oonlaol? (lncluda their phone number)

(' No arrest, orarrest unlikely (' Maybe, still working the case ('Yes. arrest was made 

## r Arras\ status is unknown ('Otl1er (specify)

# .---------------------------------------,

**~---------------------------------------------J** SUBMIT COMPLETED FAA LASER BEAM EXPOSURE QUESTIONNAIRE Thank you for takingtime to complete thisquestionnaire, Please "save" the completed questionnaire and submitto the FAA using one ofthe two methods described below: 1. Attach the saved PDF to an e-mail and send to: laserreports@faa.gov 2. Send via fax to FAAWashington Operations Center Complex (WOCC) • (202)267-5269 ATTN: DEN

Exhibit 2 9

### I certifYthis IOP is a Certified true copy. David T. Jensen

## /~r- Dated 11972015

Exhibit 2 10

### DOCKETNO. FAA-2015-0639 CERTIFICATE OF SERVICE I hereby certify that on this date I have sent by United States First-Class mail, the COMPLAINANT'S OPPOSITION TO MOTION TO DISMISS, and Exhibit C-1 with Exhibits 1 and 2, addressed a's follows: Hearing Docket Federal AviationAdministration Wilbur Wright Building, Suite 2Wl000 Attn: Hearing Docket Clerk, AGC-430 800 Independence Avenue, S.W. Washington, DC 20591
The Honorable Douglas M. Rawald Administrative Law Judge U.S. Department ofTransportation Office ofHearings, M-20 1200 New Jersey Avenue, S.E. (Ell-310) Washington, D.C. 20590 Courtesy Facsimile: (202) 366-7536 Kenneth Ray Rumberger 2451 Church Lane, SPC 38 San Pablo, CA 94806-5945 Dateq.:,August 26, 2016

# c~~:-&z:~,~**j)~,c~v_** Antonia Garcia, Paralegal Specialist Enforcement Division, WesternTeam Lawndale, CA

4