Category: Lead Editorial

Federal Aviation Regulations 91.11, 121.580 and 135.120 state that “no person may assault, threaten, intimidate, or interfere with a crewmember in the performance of the crewmember’s duties aboard an aircraft being operated.”

Interfering with the duties of a crewmember violates federal law. And yet, weekly we see and hear reports about yet another unruly passenger outburst, clash or assault — some sexual in nature and others merely physical — occurring on aircraft or at the gate.

The repercussions for passengers who engage in unruly behavior can be substantial. Fines can be imposed by the FAA or the offenders can be prosecuted on criminal charges. FAA can propose up to $37,000 per violation for unruly passenger cases.

Under the new zero tolerance policy, the FAA says it will not address unruly passenger cases with warnings or counseling. The agency will pursue legal enforcement action against any passenger who assaults, threatens, intimidates, or interferes with airline crew members.

But still, it doesn’t seem to be enough to deter people from acting out in such negative and outrageous ways which compromises the safety of everyone. Can anything else be done?

Let’s look at the numbers. There have been 5,664 unruly passenger reports as of the writing of this column so far in the year 2021. In addition, 4,072 incidents have been mask-related. According to the FAA, 76% of passenger incidents reported during the first five months of 2021 were over masks.

At a Senate hearing December 15, 2021 Southwest Airlines CEO Gary Kelly said he thinks the mask mandate for airline passengers should be lifted. “I think the case is very strong that masks don’t add very much, if anything, in the air cabin environment,” Kelly said. “It is very safe and very high quality compared to any other indoor setting.” Keep in mind that only a year ago Gary Kelly said, “If people would wear the mask — please wear the mask — we can defeat this pandemic.”

At this same hearing American Airlines CEO Doug Parker said he agreed. “I concur,” Parker said. “An aircraft is the safest place you can be. It’s true of all of our aircraft ­— they all have the same HEPA filters and airflow.” That may be true for American Airlines aircraft but not all aircraft have HEPA filters and that doesn’t even address the airport terminal where passengers must congregate and stand shoulder to shoulder while boarding a flight. Or the point that some people are vaccinated and some are not, like children under five years old.

Right now the Transportation Security Administration’s mask mandate has been extended to March 2022.

Outspoken flight attendant union leader Sara Nelson had this to say about the mask mandate: “I believe that the government has taken a very responsible approach to this. We believe it should continue to stay in place. [It’s a] workplace safety issue,” she said at the hearing. “We do need a consistent message though. I hope we are going to stay on the same messages and follow the medical experts, and do what’s necessary to keep everybody safe.” She also concluded that it is the medical community that should make the decision about whether to mandate mask use on airline flights.

For the record, studies have shown that masks significantly decrease the chances of transmitting or contracting the coronavirus, depending upon the type of mask used. The N95 is the gold standard, experts say.

Mandating the wearing of masks only seems to incense some people and that has clearly led to an uptick in unruly passenger incidents.

Oh Demon Alcohol

The FAA has also proposed $161,823 in civil penalties against eight airline passengers for alleged unruly behavior involving alcohol. Since Jan. 1, 2021, the FAA says it has received nearly 300 reports of passenger disturbances due to alcohol and intoxication.

Federal law prohibits passengers from consuming alcohol aboard a flight that is not served by a flight attendant. Airport bars frequently offer “to-go” cups for passengers awaiting their flights but in August this year, FAA Administrator Steve Dickson sent a letter to airports requesting that they work to prevent passengers from bringing to-go cups of alcohol aboard the aircraft.

Flight attendant leader Sara Nelson also called for airports to limit passenger access to alcohol before flights, saying it sent the wrong message to push access right up to boarding and then allowing more to be carried onto the aircraft. Currently, both Southwest and American have banned alcohol sales in economy class through January 2022.

What has happened to good old decorum, being ashamed of outrageous behavior and common decency? The rate of unruly passenger incidents on commercial flights has dropped since the FAA launched its Zero Tolerance campaign but incidents continue to occur. Clearly it is not enough.

Perhaps we need to rethink booking levels and dividing the aircraft accordingly. Instead of first class and economy, let’s have partitians and extra-high fares for maskless fliers and those who want to drink onboard and place them in the back.

And for non-alcohol imbibing, mask-wearing, pleasant and kind passengers, I suggest your cheapest fare, widest seats and extra legroom.

As we close our third issue of this freshly rebranded magazine, we are taking a look back at the 20 years that have passed since 9/11 – please read Philip Baum’s comprehensive look back at the past 20 years in avsec. Since taking over from Philip earlier this year and shifting our focus from solely avsec to covering security in all modes of transport, we hit the ground running. I haven’t taken a moment to introduce myself. Let me do that now so you may understand my background.

I like to call myself an accidental editor. I came into the magazine editorial business shortly after 9/11 happened. Let me go back even further and put it all together for you.

When I was 15 and in school, I read a book about flying airplanes and became fascinated by the idea. I couldn’t stop thinking about it and wondering what it must be like to slip the surly bonds of earth, as the poem says. I told my father about my curiosity about flying. He was immediate and swift. He said to me, “If you want to learn to fly let’s go down to the local airport and look into flight lessons.” How amazing it was to get that kind of support. We headed to the local airport and I took a Cessna Discovery Flight a program that made that first flight fun and affordable.

I was hooked. I came back from that flight and told my father I definitely wanted to get my pilot’s license. I began taking regular flight lessons at that local airport. I soloed an airplane before I had my driver’s license – I had to call home to have my mom come and pick me up from the airport afterwards. I started working at the from desk of that small FBO to earn more money for flight lessons.

My flight instructor was great but worked only on the weekends and with weather and other schedule challenges, I was eager to go faster with my training. I wanted to progress and get more ratings and was thinking about flying professionally by this point. That flight instructor told me if I really wanted to pursue flying as a career, I should look at studying at Embry-Riddle Aeronautical University (ERAU). It was the only university I applied to.

I pursued flying with gusto. I got my commercial ticket as well as my certified flight instructor certificates and then became a flight instructor there. I was just taking off from the airport with a student in Daytona Beach as the Challenger space shuttle lifted off one January morning. We watched in awe and then in horror as the shuttle exploded right before our eyes as it succumbed that day.

A friend from Embry-Riddle, David Charlebois, and I shared our dreams of crisscrossing the globe someday as airline pilots.

I continued to pursue flying as a career after leaving ERAU. I did all the things civilian pilots do to build time and experience to become airline pilots – I instructed, I flew a jump plane for skydive outfit, I flew charter flights, I was a night freight pilot flying car parts to keep assembly lines moving. Then I was hired by a regional airline. Along the way, I got married and had a couple of kids. I also took a two-year opportunity to live abroad with my husband in Spain when he was given a work assignment there. When I had built enough time, I acheived my airline transport pilot certificate.

I was eventually hired by a start-up airline that was modeled around an all first class service flying DC-9s with only 56 seats out of Dallas Love Field. The 56 seats was a unique way that company was able to maneuver around the Wright Amendment that limited operations from Dallas Love in hopes that the larger, newer DFW airport would thrive. In any case, being part of a start up airline was exciting and fun, if a bit of a rollercoaster ride.

Then 9/11 happened. It was a terrible time in aviation. The startup airline I worked for didn’t make it. I mentioned my college friend David earlier…he was the first officer of the American Airlines airplane that crashed into the Pentagon. He was smart, kind, funny and driven to succeed. He was one of the first of our cohort to make it to the legacy airlines. We were all so thrilled for his success. On top of the horror of the U. S. being attacked, I was shocked to learn of the loss of my friend.

Pilot hiring ground to a halt. I took some time off and then looked for another way to make a living and happened to meet the editor of an aviation publication at the 100th Anniversary of Flight that was taking place in Kitty Hawk, North Carolina in 2003. He offered me a job saying he would rather teach me how to run a magazine than to try and teach a journalism major about aviation. I am so grateful for that chance meeting. I have been doing this work ever since.

All of that to say, that for me, aviation security and security in all modes of transport, is personal. I have been in the cockpit, in the airport, on the crew bus, transferring into the city on the metro/underground/subway/train and known a friend who died at the hands of terrorists.

I see the interconnected nature of these modes of transport and what is at risk. Real people. Real lives. I feel the ripple effects of catastrophic events like 9/11. So for me, covering security events is something I am passionate about. Connecting the dots between the various transport modes is not only fascinating but essential.

Please let us know your thoughts about our coverage and what ideas you may have for stories. We would love to hear from you. I can be reached at jfinnegan@aerospace-media.com.

On 23 May, Ryanair flight 4978, traveling from Athens, Greece to Vilnius, Lithuania, was intercepted by the Belarussian Air Force and forced to land due to what they said was “a potential security threat on board,” as well as being told there was “the threat of a bomb on board.”

What choice did they have? It is a required that pilots follow the commands of any military intercept aircraft under threat of being shot down. Certainly, these rules are more seriously understood as we know the lengths that some terrorists will go to and have seen the results of using aircraft as bombs on 9/11.

Here are the rules pilots are required to follow during an interception. “Do not adjust your altitude, heading, or airspeed until directed to by the intercepting aircraft. An intercepted aircraft must, without delay:

1. Adhere to instructions relayed through the use of visual devices, visual signals, and radio communications from the intercepting aircraft.

2. Attempt to establish radio communications with the intercepting aircraft or with the appropriate ATC facility by making a general call on guard (121.5 MHz), giving the identity, position, and nature of the flight.

3. If transponder equipped, squawk 7700 unless otherwise instructed by ATC.

4. The crew of the intercepted aircraft must continue to comply with interceptor aircraft signals and instructions until positively released.

They were ordered to land in Minsk, Belarus. The Ryanair pilots had no choice but to land as they were told to do. Once on the ground the aircraft was searched but the key to all was the arrest and detention of one Ryanair passenger, Roman Protasevich (and his Russian girlfriend, Sofia Sapega).

A large movement is happening in that country and Protasevich was among those leading the movement. He organized a messaging app channel that was used to great success during the huge protests against Belarus’ president Alexander Lukashenko. It focused on opposition to the current leader, who some have called “Europe’s last dictator.” Protestors in the movement have demanded new democratic leadership and reform.

The protestors and some Western authorities have said that Lukashenko rigged the countries last election in August. Tight controls by police have kept protests under control. Some opposition leaders have been sent to prison or have gone into exile. Protasevich was living in exile. Now he is unable to leave Belarus, initially being kept in jail and now being kept under “house arrest.” Protasevich has been shown on state television expressing regret for his activities. The opposition has said he spoke under duress and showed signs of physical abuse.

Ryanair CEO Michael O’Leary called Belarus plane diversion and forced landing “state-sponsored hijacking … state-sponsored piracy.” The United States called it a “forced diversion.”

European Commission President Ursula von der Leyen said via Twitter shortly after it happened that the “outrageous and illegal behaviour of the regime in Belarus will have consequences,” adding those responsible “must be sanctioned.”

The International Federation of Air Line Pilots’ Associations (IFALPA) and the European Cockpit Association (ECA) released a statement saysing they “fully share the concerns expressed by the International Civil Aviation Organization (ICAO) regarding the forced landing of Ryanair Flight 4978 in Minsk, Belarus, on 23 May. Pilots are concerned that the intervention of the Belarussian Air Force was enacted for political reasons, in contravention of the Chicago Convention, and amounts to an act of unlawful interference, bearing all the hallmarks of state-sponsored hijacking.”

The groups called for an independent enquiry into the occurrence and appropriate immediate response by safety and security authorities. They said the event was an “unprecedented act of unlawful interference” that could potentially change assumptions about the safest response to bomb threats on flight and interceptions. “Without trust and reliable information from States and Air Navigation Service Providers, handling both types of events becomes much riskier to manage,” the two groups said in their statement. “Any military intervention against a civilian aircraft constitutes a wilful hazard to the safety of passengers and crew. IFALPA and ECA urge States and the International Aviation Community to investigate and take swift measures against similar occurrences,” their statement went on to say.

The U. S. Secretary of State, Antony Blinken, also made a statement condemning the action. “The United States strongly condemns the forced diversion of a flight between two EU member states and the subsequent removal and arrest of journalist Raman Pratasevich in Minsk. We demand his immediate release. This shocking act perpetrated by the Lukashenka regime endangered the lives of more than 120 passengers, including U.S. citizens. Initial reports suggesting the involvement of the Belarusian security services and the use of Belarusian military aircraft to escort the plane are deeply concerning and require full investigation.”

He went on to say that indications were that the forced landing was based on false pretenses. “We support the earliest possible meeting of the Council of the International Civil Aviation Organization to review these events.”

NATO made this statement about the occurrence: “The North Atlantic Council strongly condemns the forced diversion to Minsk, Belarus of a Ryanair flight between Athens and Vilnius on 23 May, as well as the removal from the diverted aircraft and arrest of Raman Pratasevich, a prominent Belarusian journalist travelling on board, and Sofia Sapega. This unacceptable act seriously violated the norms governing civil aviation and endangered the lives of the passengers and crew.” The statement went on to say, “We support calls for an urgent independent investigation, including by the International Civil Aviation Organization (ICAO). We support measures taken by Allies individually and collectively in response to this incident. The detention of Mr. Pratasevich is an affront to the principles of political dissent and freedom of the press. Belarus must immediately and unconditionally release Mr. Pratasevich and Ms. Sapega. NATO Allies call on Belarus to respect fundamental human rights and freedoms, and to abide by the rules-based international order. Allies stand in solidarity with Latvia following the unjustified expulsion of Latvian diplomats.”

Was this event piracy? Hijacking? A misunderstanding? A ruse? Whatever it may be called it certainly violated the ICAO First Freedom Right. First Freedom of the Air – the right or privilege, in respect of scheduled international air services, granted by one State to another State or States to fly across its territory without landing (also known as a First Freedom Right).

Diplomacy, statements and regulation aside, after the Ryanair aircraft, crew and passengers were allowed to continue on their way, Protasevich and his girlfriend were detained. He was shown recently on television looking worn. He concluded a 90-minute interview rambling on saying, “I am cooperating absolutely fully and openly…and live an ordinary, calm life, have a family, children, stop running away from something.” After which he buried his face in his hands and cried.

As a longtime reader of Aviation Security Intl. you have surely seen the note from previous editor, Philip Baum, announcing his departure. I want to take this moment to acknowledge Philip’s long, stellar tenure as editor-in-chief of the former iteration of this publication and to thank him for his passion and dedication during the past two decades. Philip’s expertise in avsec is undisputed and remarkable. He is already missed and his loss is palpable. As I said to him in the transition, there is only one Philip Baum and no one can replace him.

Still, here we are, at a crossroads, with a new mission and direction. So, while I don’t imagine replacing anyone, I do look forward to forging ahead in pursuit of something new. Our new mission is coverage of security in all modes of transportation.

Of course, aviation security will still be at the forefront of our coverage and we are grateful to have the catalogue of previous issues for reference, foundation and the standard. But we are looking forward to creating a new publication with new ideas, new readers and new coverage. Although I will mention that we do have Philip Baum’s guidance going forward, at least for a while, for which we are grateful.

The interaction or cooperation of two or more organizations, substances or other agents to produce a combined effect greater than the sum of their separate effects is the definition of synergy. We believe that there is much to learn from the different sectors of transportation security and that shared knowledge begets greater understanding — synergy. So we are off in pursuit of that greater sum.

Some may say that our expanded coverage of other modes of transportation will have nothing to do with one another. I beg to disagree. There is a proverb that says, “Two are better than one, because they have a good return for their labor: If either of them falls down, one can help the other up. But pity anyone who falls and has no one to help them up.” Tech great Steve Jobs knew collaboration was key as well. He often looked to design aspects of his business that would lead to collaboration. He was a big believer in the power of accidental mingling. Creative thinking is not always meant to be a solo process.

Our concept is to share information between security professionals in all modes of transportation in an effort to help spark those collaborations and the creative flow of improvement, even if by small increments. Small changes can add up to a large impact. Ideas get better when they are fueled by other ideas. Ideas are meant to be shared and discussed; redefined and molded as blacksmiths work over a flame. All alone ideas can become stale, old. So we hope to spark that flame of creativity, of continuous improvement and of knowledge. Perhaps an avsec professional reading about changes or trends in rail security will lead to new ideas. Maybe a maritime security professional reading about ground transport security breaches will see a trend that tips them off to necessary changes in their work. This is our hope and goal. No siloes. A joint, collaborative source for transport security information.

In our first issue, we start right in with a look at the cybersecurity challenges facing the maritime shipping industry. After June 2017 NotPetya attack on Ukrainian targets that spread and hit international companies costing hundreds of millions in lost revenue and data, most shipping companies got a wake-up call about this type of breach on their IT systems. But what about operational technology (OT) environments? Our writer Andrew Reilly spoke with experts in the cybersecurity world that offer insights into what can happen with OT environments and how to protect these systems. Read that story on page 28.

Next, we take a look at how things have changed in various modes of mass transit like rail, subway and bussing. For example, attacks of bus drivers has only gotten worse over time. Our writer, James Careless says this state of affairs was bad enough before COVID-19 occurred, but since then matters have only gotten worse. Careless takes look around the globe at mass transit systems and how they are working to improve security at stations, depots and onboard. That story starts on page 36.

Kathryn Creedy examines a horrific trend in terrorism: the use of road vehicles — trucks, cars, vans — as weapons. The first vehicle ramming attack (VRA) was reported in the 1970s and have been on the rise ever since due to their accessibility and relative low-cost to fund. Creedy looks at numerous incidents and what can be learned from them as a whole, to plan and prevent them from occurring. Or if they do happen, how to minimize the damage. Throughout the piece is guidance from Homeland Security Vehicle Ramming – Action Guide. See that story on page 48.

And last, but not least, we have two pieces in our aviation security sector. The first is a look at the impact of the US elections and resulting fallout such as the January 6th Capitol breach and how these things are impacting passengers and airline security. It is written by former ASI sub-editor, Alexandra James and we are grateful to have her clear-eyed view of the struggles we face in the US. No one is immune, however, as we return to a truly global economy once the COVID crisis subsides. See her story on page 16. Our second avsec feature is a look at airport policing during the last 40 years — the changes and challenges written by Robert Raffel, a law enforcement professional with firsthand knowledge of the chinks in the armor at airports. You’ll find Raffel’s look back on page 22.

Thank you for joining us and reading this inaugural issue of TSI. We look forward to your feedback and ideas. Please reach out to me at jfinnegan@aerospace-media.com and share your thoughts.