DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

________________________ _____________

In the Matter of:

Samaritan’s Purse Petition for Exemption from SFAR 79

________________________ _____________ ) ) ) ) ) ) ) ) FAA Docket No. 2011-

Petition for Exemption from SFAR 79

Any communication regarding this document should be addressed to:

Mark W. Atwood Elizabeth J. Wadsworth Cozen O’Connor The Army and Navy Club Bldg. 1627 I Street, N.W. Suite 1100 Washington, D.C. 20006

Counsel for Samaritan’s Purse

Dated: March 2, 2011DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, D.C.

________________________ _____________

In the Matter of:

Samaritan’s Purse Petition for Exemption from SFAR 79

________________________ _____________ ) ) ) ) ) ) ) ) FAA Docket No. 2011-

Petition for Exemption from SFAR 79

Pursuant to 14 C.F.R. Sect ions 11.61 and 11.63, Samarit an’s Purse submits this petition seeking an ex emption, as described herein, from Special F ederal Aviation Regulation (“SFAR”) 79. Sama ritan’s Purse is an internat ional aid organization with a long history of providing aid to the people of the Democratic People’s Republic of Korea (“DPRK”). Reverend Franklin Graham, the President and CEO of Samaritan’s Purse, hopes to visit Pyongyang from May 10 th rough May 13, 2011. Due to logistic al difficulties in traveling to Pyongyang, this visit is only feasible if Reverend Graham travels to Pyongyang using Sama ritan’s Purse’s U.S.-register ed corporate aircraft. A n exemption from SFAR 79, which prohibits U.S.-registered aircra ft from flying to or from Pyongyang without express authorizat ion, is therefore required.

Reverend Graham has made multiple visits to North Korea, including one flight by private plane in May 2000 and two other flights in August 20 08 and October 2009 using Samaritan’s Purse’s U.S. -registered corporate aircraft. The organiz ation also chartered a Boeing 747 freighter from Kalitta Air, LLC (“Kalitta Air”) to trans port relief supplies to North Korea in 2007 and 2010. Those flights required and received an exemption from SFAR 79. 1 Copies of these exemptions are respectively attached to this petition as Exhibits A through E. Samari tan’s Purse now asks t hat the FAA allow it to continue its important work in the DPRK by granting the exem ption requested herein.

Samaritan’s Purse submits t he following information in support of this application (items required by 14 C.F.R. Section 11.81 (2009) are marked with an asterisk):

(a) Contact Information of Applicant*

1 Exemption Numbers 7200, 9728 and 9941 were respec tively granted to Samaritan’s Purse on May 11, 2000, July 24, 2008, and October 9, 2009. The exemptio ns to Kalitta were grante d on August 29, 2007 (no number was assigned by the FAA to this exem ption) and August 27, 2010 (Exemption No. 10126).2 Samaritan's Purse 801 Bamboo Road Boone, NC 28607

The aircraft proposed to be used for the f lights to and from North Korea is owned by and registered to BB&T Equipment Fi nance Corporation, which in turn has leased the aircraft to Samaritan’s Purse. Boone, NC 28607-3000 Samaritan’s Purse requests that any exemption granted be extended to the pilots and maintenance personnel identified herein.

Contact: Mark Atwood/Eliz abeth Wadsworth, Counsel Tel: 202.463.2513/2537

(b) Sections Affected*

SFAR 79

(c) Relief Sought*

Petitioner seeks an exemption from SFAR 79 to allow it to operate a flight into and out of Pyongyang Sunan International Airport (ZKPY) in the Democratic People’s Republic of Korea.

(d) Dates of Flights

Arrive Pyongyang May 10, 2011 (12:00 p.m. local time)

Depart Pyongyang May 13, 2011 (1:00 p.m. local time)

(e) Description of Aircraft

Registration: N900FJ

Aircraft Type: Dassault Falcon 900EX

Call sign: N900FJ

Maximum take-off weight: 49,000 lb

Radio capabilities: The aircraft is equipped with radios and is capable of receiving / transmitting on all standard frequencies as per ATC instructions. Aircraft is equipped with ACAS/TCAS-II.3 (f) Proposed Schedule / Route Of Fli ght / DPRK Entry/Exit Points:

ETD PANC 9 MAY 2011 1900Z // 09 MAY 2011 1100L ROUTE: MCG H222 VALDA G212 BETAM B233 BUMAT G 212 HAB B355 SESUR R452 GG ZKPY ETA ZKPY 10 MAY 2011 0300Z // 10 MAY 2011 1200L

ETD ZKPY 13 MAY 2011 0400Z // 13 MAY 2011 1300L ROUTE: ZKPY JONJU1C JONJU A575 GOLOT A575 CHG G332 GITUM GITUM2A ZBAA ETA ZBAA 13 MAY 2011 0530Z // 13 MAY 2011 1330L

(g) Purpose of Flight

The primary purpose of the trip is to allow Reverend Graham and his delegation to visit Sunuiju and Kwaksan Tuberculo sis Hospitals. Samaritan’s Purs e previously provided electr ical generator systems, oper ating room equipment and medical supplies to the hospitals. The Sinuiju area is also where Samaritan’s Purse provided humanitarian assistance in September 2010 by charteri ng a Kalitta Air Boeing 747 aircraft and flyi ng relief supplies to the area following torrential rains and heavy flooding in the DPRK.

By visiting Sinuiju and Kwaksan Hospit als, Reverend Graham wishes to identify additional ways in which Samaritan’s Purse might provide further medical equipment and supply assistance. Reve rend Graham also anticipates meeting with several high-level DPRK officials regarding future possible medical relief efforts by Samaritan’s Purse for other areas in the DPRK.

Additionally, the delegation’s v isit will al low Samaritan’s Purse to continue to foster the friendship and relat ionship between Samaritan's Purse, the Billy Graham Evangelistic Association (“BGEA”) and DPRK that began with vis its to Pyongyang in 1992 and 1994 by the Rever end Billy Graham who, on both of these occasions, had meetings with the la te DPRK President Kim Il Sung.

(h) Reasons Why Relief is Necessary

It is critical that Samaritan’s Purse be per mitted to operate this flight using its own aircraft. From a practical perspective , there are few commercial flights to Pyongyang. As in the past, Reverend Graham is on a tight schedule for this visit, and it is unlikely that he could accomplis h his objectives if forced to rely on scheduled service into Pyongyang.

More importantly, from a ce remonial/“soft diplomacy” perspective, the arrival of the Samaritan’s Purse plane (possibly pi loted by Reverend Graham, a licensed pilot), is thought to have a much more beneficial impac t on the high-lev el North Korean government officials with whom Reverend Graham will be meeting than would arrival by commercial carrier. Samaritan’s Purse hopes to recreate the4 positive impression that was made when a private plane piloted by Reverend Graham arrived in North Korea in May 2000, August 2008 and October 2009.

(i) Crew Members and Passengers

 WILLIAM FRANKLIN GRAHAM, III (U.S . Citizen): Pilot. Reverend Graham will serve as a pilot for the flight; his vi sit to North Korea is also the purpose of the flight.

 KEVIN RAY TURLEY (U.S. Cit izen): Pilot-in-Command.

 KEITH MICHAEL ANDERSON (U.S. Citizen): Pilot.

 EARLIN JEFFEREY SANDERS (U.S. Citizen): Maintenance Tech.

 MELVIN LEE CHEATHAM (U.S. Citizen) : Dr. Cheatham, a neurosurgeon, will be on board the aircraft as the Spec ial Assistant to Reverend Franklin Graham. Since 1997 Dr. Cheatham has represented Reverend Graham through multiple delegation visit s to the D PRK and been involved with the extensive relief efforts and development work that have been carried out since that time

 GRETA CONWAY VAN SUSTEREN (U.S. Citizen): Ms. Van Susteren will be a passenger on the aircraft and is a hi ghly respected major tel evision news anchor in the United States. She tr aveled to DPRK with Rever end Franklin Graham and Samaritan’s Purse dur ing the August 2008 and October 2009 delegations and reported her experience on Fox News.

 JOHN COALE (U.S. Citizen): Mr. Coale is Ms. Van Susteren’s husband.

 WILLIAM BERNARD PAUL S (U.S. Citize n): Mr. P auls is a member of the board of director s of the BGEA.

(j) Reasons Why Granting Relief is in the Public Interest*

This flight will foster goodw ill towards the United Stat es by the government and people of North Korea. Based upon detailed advanc e communications over the past several years with high-level DPRK gove rnment officials, up to and including the Minister of Foreign Affairs, and t he DPRK Ambassador to the United Nations and his diplomatic associates in New York, this high-level delegation visit is being viewed in a very positive way by Pyongyang.

Furthermore, the humanitarian aid work that Samaritan’s Purse conducts in North Korea is b y definition in the public intere st. This flight will a llow for the better provision of services to the people of North Korea.5 (k) No Adverse Affect on Safety or Security*

The granting of this exemptio n will not affect safety or security. The only such concern at issue for a flight to Pyongy ang concerns a possible hostile response by North Korea to aircraft entering No rth Korean airspace. In this case, permission to land in North Korea has been sought (under the auspices of the Swedish Embassy in Pyongyang). Docum entation of this permission will be submitted once it is obtai ned. This flight has b een arranged with, and is expected by, the highest levels of the DPRK government. The warm reception given to the organiz ation’s several previo us flights make a hostile respons e extremely unlikely.

Samaritan’s Purse is aware of the issues involved in flying to North Korea. As mentioned previously, the organization has an extensive history working in that country. Samaritan’s Purse oper ated a priv ate jet to North Korea in May 2000, August 2008 and 2009. It also chartered Ka litta Air flights that successfully operated to Pyongyang in September 2007 and September 2010 for the delivery of humanitarian supplies.

(l) Summary*

Samaritan’s Purse seeks an exemption fr om SFAR 79 to allow it to operate a flight into Pyongyang Sunan International Airport in the Democratic People’s Republic of Korea. This flight will further the ongoing humanitarian aid e fforts that are vital to the mission of Sama ritan’s Purse, and will also allo w for discussions between Rever end Franklin Graham (Samar itan’s Purse President and CEO) and high-level North Korean officials.

(m) Additional Support*

The State Department has no foreign polic y objections to this flight, and will be filing a letter in support of this application. An application for the temporary export of the aircraft to North Korea is curr ently pending before the U.S. Department of Commerce Bureau of Industry and Security.

(n) Exercise of Exemption Outside the United States*

Because SFAR 79 specifically relates to operations of U.S. aircraft outside the United States (i.e., operations in No rth Korean airspace), Samaritan’s Purse requests that it be allowed to exercise this exempt ion outside of the United States.

Samaritan’s Purse asks that public comm ent on this request be waived and that this exemption be granted on an expedited basis. Pursuant to 14 C.F.R. Section 11.87, Samaritan’s Purse submits that such a request should be granted for the followin g reasons: grant of this exempt ion will not set a binding precedent for other requests for exemption from SFAR 79; the request is identical to granted requests made by

# EXHIBIT A

(2010 Exemption from SFAR 79)2 

# EXHIBIT B

(2009 Exemption from SFAR 79)3 

# EXHIBIT C

(2008 Exemption from SFAR 79)AFS -08 -360 -E Exemption No. 9728

UNI TED STATES OF AMERI CA
DEPARTMENT OF TRANSPORTATI ON
FEDERAL AVIATION ADMINISTRATION
WASHI NGTON, DC 20591

In the matter of the petition of

SAM ARITAN’S PURSE Regulatory Docket No. FAA -2008 -0755

Special Federal Aviation Regulation 79 of Title 14, Code of Federal Regulations

GRAN T OF EXEMPTION

By letter dated July 1, 2008, Mr. Mark W. Atwood and Ms. Alison B. Macdonald , Counsel
for Samaritan’s Purse ( Samaritan’s Purse ), Sher & Blackwell, LLP, 1850 M Street, NW., Suite 900 Washington, DC 20036 petitioned the Federal Aviation Administration (FAA) on
behalf of Samaritan’s Purse for an exemption from Special Federal Aviation Regulation (SFAR) No. 79

— Prohibition Against Certain Flights Within the Flight I nformation Region (FIR) of the Democratic People’s Republic of Korea (DPRK) of Title 14, Code o f Federal Regulations. The proposed exemption would permit Samaritan’s Purse to operate a flight to Py ongy ang, the capital city of the DPRK, on or about July 31, 2008 and from Py ongy ang on or about August 3, 2008

. It would also permit those airman serving as flight crewmembers on these flights to conduct these specific flight operations.

The petitioner requests relief from the following Special Federal Aviation Regulation:

Special Federal Aviation Regulation (SFAR) No. 79 reads as foll ows: 1. Applicability . This rule applies to the following persons: (a) All U.S. air carriers or commercial operators. (b) All persons exercising the privileges of an airman certificate issued by the FAA, except such persons operating U.S.

- registered aircraft fo r a foreign
air carrier. (c) All operators of aircraft registered in the United States except where the operator of such aircraft is a foreign air carrier.2

2. Flight Prohibition. Except as provided in paragraphs 3 and 4 of this SFAR, no person described in p aragraph 1 may conduct flight operations through the Py ongy ang FIR west of 132 degrees east longitude.

3. Permitted Operations. This SFAR does not prohibit persons described in paragraph 1 from conducting flight operations within the Py ongy ang FIR west of 132 degrees east longitude where such operations are authorized either by exemption issued by the Administrator or by another agency of the United States Government with FAA approval.

4. Emergency situations. In an emergency that requires immediate d ecision and action for the safety of the flight, the pilot in command on an aircraft may deviate from this SFAR to the extent required by that emergency . Except for U.S. air carriers and commercial operators that are subject to the requirements of 14 CFR parts 121, 125, or 135, each person who deviates from this rule shall, within ten (10) days of the deviation, excluding Saturday s, Sunday s, and Federal holiday s, submit to the nearest FAA Flight Standards District Office a complete report of the operations of the aircraft involved in the deviation, including a description of the deviation and the reasons
therefore.

5. Expiration. This Special Federal Aviation Regulation No. 79 will remain in effect
until further notice.

The petitioner supports its requ est with the following information:

Samaritan’s Purse plans to operate a flight into Sunan Airport, Py ongy ang, in the Democratic People’s Republic of Korea. The petitioner states the purpose of this exemption is to carry out a high

- level protocol delegati on visit to Py ongy ang , by Reverend Franklin Graham, the president and Chief Executive Officer (CEO) of
Samaritan’s Purse . Reverend Graham and his senior delegation have been requested to

meet with President of the Presidium Kim Yong Nam, Minister of Forei gn Affairs Pak Ui Chun, Vice Foreign Minister Kim Ky e Gwan, Ambassador Li Gun, and the Vice President of KAPES (a North Korean governmental entity responsible for h andling relief efforts) Chol I I.

The petitioner state s there are four purposes of the vis it:

1. To continue the friendship and relationship between Samaritan’s Purse and the Billy Graham Evangelistic Association that began with visits to Py ongy ang in 1992 and 1994 by the Reverend Billy Graham.

2. To hold follow

- up meetings in reference to the humani tarian assistance and development relief, medical, and dental assistance programs that have been carried out by Samaritan’s Purse in the DPRK since 1997, all aimed at bringing help to the Korean people during their time of great need.3

3. To carry out further discussions regarding the request by Samaritan’s Purse to build an International Community Church in Py ongy ang as a place of worship by those in the diplomatic community

.
4. To provide Reverend Franklin Graham, as president and CEO of both
Samaritan’s Purse a nd the Billy Graham Evangelistic Association, the opportunity for in

- country discussions with high officials in reference to other development and humanitarian assistance programs and project s currently underway with USAI D and other United States (U.S.)

go vernment agencies , and also possible additional humanitarian assistance and medical and dental programs in the future.

Samaritan’s Purse states, from a practical perspective, it would like to operate this flight using its own aircraft because there are no t many commercial flights to Py ongy ang. The petitioner states that Reverend Graham is on a tight schedule d and it would be unlikely that he could accomplish his objectives if he were forced to rely on schedule service to Py ongy ang.

The petitioner states that from a ceremonial/ “soft diplomacy ” perspective, the arrival of the Samaritan’s Purse plane (possibly piloted by Reverend Graham, a licensed pilot)
would have more of a beneficial impact on the high

- level North Korean government
officials , with whom R everend Graham will be meeting

, than arrival by commercial
carrier would have.

Samaritan’s Purse asserts that this visit will foster goodwill toward the U.S. by the government and people of North Korea. T he petitioner further states that t he U.S. Depar tment of State has determined that operation of the flight is consistent with U.S. policy concerning North Korea. Furthermore, the humanitarian aid work that Samaritan’s Purse conducts is in the public interest.

Samaritan’s Purse states that a grant of e xemption would not affect safety

. The one concern for a flight into Py ongy ang would be a hostile response by North Korea to aircraft entering North Korean airspace. According to the petitioner, permission to land in North Korea has been sought and receiv ed (under the auspices of the Swedish Embassy in Py ongy ang). The flight has been arranged

, with and is expected by , the highest levels of the DPRK government.

Samaritan’s Purse states that the exemption relief requested has been previously granted to oth er organizations. The petitioner further requests that processing of this petition not be delay ed for publication and comments in the Federal Register

.4

The FAA finds good cause not to delay processing of the petition for publication and
comments i n the Federal Register

.

The FAA's analysis is as follows:

In issuing SFAR 79 the FAA found that a combination of various factors in the DPRK posed a potential threat to civil aircraft fly ing through the Py ongy ang Flight

In formation Region (FI R). The FAA found that tensions on the Korean peninsula occasionally run high, and as a result the DPRK maintained a high state of military readiness. The DPRK military had emphasized the air defense of the Korean demilitarized zone (DMZ) and of areas further removed from the DMZ, particularly the capital city , Py ongy ang. The DPRK air defense sy stem included modern surface

to

- air missile sy stems and interceptor aircraft capable of engaging aircraft at cruising
altitudes.

In issuing SFAR 79, the FAA stated that it ha d been unable to determine the current level of coordination and cooperation between civil air traffic authorities and air defense commanders for civil aircraft overflights, including military rules of engagement if an aircraft stray s from its assigned fli ght route. Any lack of coordination presented a risk that civil aircraft operating in the Py ongy ang FIR west of 132 degrees east longitude could be misidentified as a threat by the DPRK.

Given the DPRK’s air defense capabilities, including its rules of e ngagement and limited capability to distinguish between military and civil aircraft, the FAA determined that civil aircraft operating in the Py ongy ang FIR west of 132 degrees east longitude could be misidentified and inadvertently engaged by the DPRK. Thi s potential threat justified the imposition of certain measures on U.S. flight operations to ensure the safety of U.S.

- registered aircraft and operators considering flight operations in the Py ongy ang FIR west of 132 degrees east longitude.

In issuing SFAR 79 the FAA stated that it had not y et reviewed all applicable safety information provided by the DPRK and necessary for operators to meet international safety standards prescribed by the I nternatio nal Civil Aviation Organization. It had
not determined th at the proper level of operational overflight safety can be assured east of 132 degrees east longitude. Remaining issues included:

1) differences from I CAO standards, if any ; 2) search and rescue capabilities and procedures; 3) DPRK military pilot training in the proper civil aircraft intercept procedures, and 4) communications links other than air

- ground communication.

The FAA also stated that it needed to publish related information for its I nternational Flight I nformation Manual. Once this information was reviewed, the FAA stated that it was prepared to amend SFAR 79 as warranted to permit flights east of 132 degrees5

east longitude and to publish a Notice to Airmen (NOTAM) indicating that such flights are permitted and where to find the info rmation supplied by the DPRK.

On the basis of the information above, and in furtherance of the FAA’s responsibilities to promote the safety of flight of civil aircraft in air commerce, the FAA determined that immediate action by the FAA was required to en sure there was no damage to or
loss of U.S.

- registered aircraft or injury to U.S. operators conducting flights through the Py ongy ang FIR. The FAA found that the current air defense capabilities in the DPRK, as well as the insufficient time to review safet y i nformation from the DPRK

necessary to determine the proper level of operational overflight safety , presented a potential hazard to the operation of civil aircraft in the Py ongy ang FIR.

The FAA subsequently amended SFAR 79. The FAA stated that it had recently completed a review of safety information from the DPRK, and had determined that an acceptable level of safety did exist in the Py ongy ang FIR east of 132 degrees east longitude. The FAA therefore amended SFAR 79 to remove the prohibition on flight operations in that area.

The DPRK subsequently sent the FAA a copy of their new Aeronautical I nformation Publication (AIP). Following a review of this material, the FAA found that the proper level of flight safety could be assured for overflights occurr ing in the international airspace of the FI R east of 132 degrees east longitude. I n particular, the FAA was
satisfied with the information in the AI P concerning

1) search and rescue capabilities, 2) civil aircraft intercept procedures, and 3) communication links other than air

- to

- ground communication

Therefore, the FAA amended SFAR 79 to remove the prohibition on flights by U.S.

- registered aircraft and U.S. operators in that airspace. Because the Office of Foreign
Assets Control of the U.S. D epartment of Treasury had lifted its prohibition on the

pay ment of overflight fees to the DPRK on April 7, 1997, this portion of the Py ongy ang FIR became available to U.S. operators.

However in amending SFAR 79, the FAA stated that the circumstances suppo rting the FAA’s earlier determination that a potential threat to civil aircraft operations exists in the area of the Py ongy ang FIR west of 132 degrees east longitude had not changed. Specifically , the FAA stated that it again stood by its conclusion that the combination
of: 1) the DPRK’s military capabilities, and 2) its rules of engagement

still posed a potential threat to civil aircraft in the area west of 132 degrees east longitude, which includes the DPRK’s territorial airspace. Therefore, in the exercise of its statutory responsibility for the safety of U.S.

- registered aircraft and U.S.6

operators, the FAA found that it was necessary to continue its flight prohibition for the area of the Py ongy ang FIR west of 132 degrees east longitude.

The FA A has fully considered all of the petitioner ’ s supportive information and finds that Samaritan’s Purse is well prepared to operate the proposed flight. I n addition the FAA has determined that for the very limited time period involved in this grant of

exem ption, the two remaining reasons for the necessity of SFAR 79:

1) the DPRK’s military capabilities and 2) its rules of engagement

should not pose a potential threat to the single Samaritan’s Purse’s civil aircraft that would operate in the area wes t of 132 degrees east longitude, which includes the DPRK’s territorial airspace, provided advance notification of the time of arrival, route of flight, and flight altitude is provided to the DPRK civil air traffic and military air defense authorities, and Samaritan’s Purse operates in compliance with requirements imposed by DPRK.

Further, the FAA finds that SFAR 79 also prohibits all persons exercising the privileges of an airman certificate issued by the FAA from conducting the proposed operations. Thus the FAA finds that relief similar to that issued to Samaritan’s Purse is necessary , and appropriate, for each person involved in the humanitarian effort who would exercise the privileges of an airman certificate issued by the FAA.

The FAA finds, for the r easons presented by the petitioner that the proposed exemption would be in the public interest, and that Samaritan’s Purse is unique from the general class of regulated persons who are subject to compliance with SFAR 79, so as to justify relief by an exem pti on rather than the general rule making

process.

The FAA’s Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, deleg ated to me by the Administrator, Samaritan’s Purse is granted an exemption from Special Federal Aviation Regulation (SFAR) No. 79

— Prohibition Against Certain Flights Within the Flight

In formation Region (FI R) of the Democratic People’s Republic of Korea (D PRK) of Title 14,
Code o f Federal Regulations. The proposed exemption would permit Samaritan’s Purse to operate a flight to Py ongy ang, the capital city of the DPRK, on or about July 31, 2008 and from Py ongy ang on or about August 3, 2008. I t would also p ermit those airman serving as flight crewmembers on these flights to conduct these specific flight operations. This exemption is subject to the following conditions and limitations.7

Conditions and Limitations

1. Prior to conducting any operation under this exemption, Samaritan’s Purse must provide advance notification to the DPRK civil aviation and DPRK military air
defense authorities of the:

a) planned entry point into the ZKPY flight information region (FI R),

b) estimated arrival time at the en try point into the ZKPY FI R,

c) the planned flight altitude, and

d) the planned flight route from the entry point into the ZKPY FI R to Py ongy ang. 2. Prior to conducting any operation under this exemption, Samaritan’s Purse must obtain approval from the DPRK civil aviation and DPRK military air defense
authorities for the:

a) actual entry point into the ZKPY flight information region (FI R),

b) actual arrival time at the entry point into the ZKPY FI R,

c) approved flight altitude,

d) approved route of flight route from the entry point into the ZKPY FI R to Py ongy ang

5. Prior to conducting any operation under this exemption, Samaritan’s Purse must obtain any other authorizations from other applicable U.S. Agencies that require
the issuance of licen ses or other authorizations for the conduct of air commerce to North Korea including Department of Commerce and Department of Transportation, pursuant to 44 U.S.C. § 403.1.

6. A copy of this exemption must be provided to the pilot

- in

- command of any airplane operated under this exemption, and must be carried on board any airplane operated under this exemption.

7. A copy of the information and approvals obtain ed in condition and limitation no. 2 must be provided to the pilot- in

- command of any airplane operated und er this exemption, and must be carried on board any airplane operated under this exemption.

This exemption terminates on or about August 8 , 2008 , unless sooner superseded or
rescinded.

Is sued in Washington, DC , on July 24, 2008

.

/s/
John M. Allen Acting Director, Flight Standards Service4 

# EXHIBIT D

(2007 Exemption from SFAR 79)Exemption No. 9470

UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC 20591

In the matter of the petition of

KALITTA AIR LLC

Special Federal Aviation Regulation 79 of Title 14, Code of Federal Regulations

E-2007-0952 Regulatory Docket No. FAA-2007-29132

GRANT OF EXEMPTION

By letter dated August 29, 2007, Mr. Mark Atwood, Counsel for Kalitta Air LLC, petitioned the Federal Aviation Administration (FAA) on behalf of Kalitta Air LLC (Kalitta Air) 818 Willow Run Airport, Ypsilanti, Michigan 48198 for an exemption from Special Federal Aviation Regulation (SFAR) No. 79—Prohi bition Against Certain Flights Within the Flight Information Region (FIR) of the Democr atic People’s Republic of Korea (DPRK) of Title 14, Code Of Federal Regulations. The proposed exemption would permit Kalitta Air to operate a one-time flight to Pyongyang, the capital city of the DPRK, on or about August 30, 2007.

The petitioner requests relief from the following Special Federal Aviation Regulation:

Special Federal Aviation Regulation (SFAR) No. 79 reads as follows:

1. Applicability. This rule applies to the following persons: (a) All U.S. air carriers or commercial operators. (b) All persons exercising the privileges of an airman certificate issued by the FAA, except such persons operating U.S.-registered aircraft for a foreign
air carrier. (c) All operators of aircraft registered in the United States except where the operator of such aircraft is a foreign air carrier.

2. Flight Prohibition. Except as provided in paragraphs 3 and 4 of this SFAR, no person described in paragraph 1 may conduct flight operations through the Pyongyang FIR west of 132 degrees east longitude.2

3. Permitted Operations. This SFAR does not prohibit persons described in paragraph 1 from conducting flight operations with in the Pyongyang FIR west of 132 degrees east longitude where such operations are authorized either by exemption issued by the Administrator or by another agency of the United States Government with FAA approval.

4. Emergency situations. In an emergency that requires immediate decision and action for the safety of the flight, the pilot in command of an aircraft may deviate from this SFAR to the extent required by that emergency. Except for U.S. air carriers and commercial operators that are subject to the requirements of 14 CFR parts 121, 125, or 135, each person who deviates from this rule shall, within ten (10) days of the deviation, excluding Saturdays, Sundays, and Federal holidays, submit to the nearest FAA Flight Standards District Office a co mplete report of the operations of the aircraft involved in the deviation, includi ng a description of the deviation and the
reasons therefore.

5. Expiration. This Special Federal Aviation Regulation No. 79 will remain in effect
until further notice.

The petitioner supports its request with the following information:

Kalitta Air states that the proposed exemption would be in the public interest. Kalitta Air plans to operate a flight into Sunan Airport, Pyongyang, in the Democratic People’s Republic of North Korea. Kalitta states that the flight will be used to carry humanitarian relief supplies to the DPRK.

Kalitta states that the proposed exemption will allow it to operate the flight in conformance with all applicable safety regulations and that grant of this exemption will not affect safety.

Kalitta Air states that there is adequate airport and weather information available for this route and the airport. Kalitta Air has provided information confirming ground handling will be provided and confirmation for all flight activity in and out of Korea.
The Korean General Administration of Ci vil Aviation (GACA) has provided clearance at specific entry and exit points for the Pyongyang FIR. The authorization is GACA021-07.

Kalitta Air states that the exemption relief requested herein has been previously granted to other U.S. relief organizations and air carriers.

Kalitta Air requests that processing of this petition not be delayed for publication and comments in the Federal Register . Given the time in which this mission must be operated, the public interest would be served by granting Kalitta Air a waiver from the provision for publication and notice of this petition.3

The FAA finds good cause not to delay processing of the petition for publication and comments in the Federal Register

.

The FAA’s analysis/summary is as follows:

In issuing SFAR 79 the FAA found that a combination of various factors in the DPRK posed a potential threat to civil aircraft flying through the Pyongyang Flight Information Region (FIR). The FAA found that tensions on the Korean peninsula occasionally run high, and as a result the DPRK maintained a high state of military readiness. The DPRK military had emphasized the air defense of the Korean demilitarized zone (DMZ) and of areas further removed from the DMZ, particularlythe capital city, Pyongyang. The DPRK air defense system included modern surfaceto-air missile systems and interceptor aircraft capable of engaging aircraft at cruising
altitudes.

In issuing SFAR 79, the FAA stated that it had been unable to determine the current level of coordination and cooperation between civil air traffic authorities and air defense commanders for civil aircraft overflights, including military rules of engagement if an aircraft strays from its assigned flight route. Any lack of coordination presented a risk that civil ai rcraft operating in the Pyongyang FIR west of 132 degrees east longitude could be misidentified as a threat by the DPRK.

Given the DPRK’s air defense capabilities, including its rules of engagement and limited capability to distinguish between military and civil aircraft, the FAA determined that civil aircraft operating in the Pyongyang FIR west of 132 degrees east longitude could be misidentified and inadvertently engaged by the DPRK. This potential threat justified the imposition of certain measures on U.S. flight operations to ensure the safety of U.S.-registered aircraft and operators considering flight operations in the Pyongyang FIR west of 132 degrees east longitude.

On the basis of the information above, and in furtherance of the FAA’s responsibilities to promote the safety of flight of civil aircraft in air commerce, the FAA determined that immediate action by the FAA was required to ensure there was no damage to or loss of U.S.-registered aircraft or injury to U.S. operators conducting flights through the Pyongyang FIR. The FAA found that the current air defense capabilities in the DPRK presented a potential hazard to the operation of civil aircraft in the Pyongyang
FIR.

However in amending SFAR 79, the FAA stated that the circumstances supporting the FAA’s earlier determination that a potential threat to civil aircraft operations exists in the area of the Pyongyang FIR west of 132 degrees east longitude had not changed. Specifically, the FAA stated that it again stood by its conclusion that the combination
of:4

1) the DPRK’s military capabilities, and 2) its rules of engagement

still posed a potential threat to civil aircraft in the area west of 132 degrees east longitude, which includes the DPRK’s territorial airspace. Therefore, in the exercise of its statutory responsibility for the safety of U.S.-registered aircraft and U.S. operators, the FAA found that it was necessary to continue its flight prohibition for the area of the Pyongyang FIR west of 132 degrees east longitude.

The FAA has reviewed all of the petitioner’s supportive information and finds that Kalitta Air is competent and qualified to conduct this operation in accordance with § 121.113(a)(2).

The FAA finds, for the reasons presented by the petitioner that the proposed exemption would be in the public interest, and that this operation makes Kalitta Air unique from the general class of regulated persons who are subject to compliance with SFAR 79, so as to justify relief by an exemption rather than the general rule making

process.

In consideration of the foregoing, I find that a grant of exemption would be in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C. §§ 40113 and 44701, formerly §§ 313(a) and 601(c) of the Federal Aviation Act of 1958, as amended, delegated to me by the Administrator (14 CFR 11.53), Kalitta Air is granted an exemption from Special Federal Aviation Regulation (SFAR) No. 79—Prohi bition Against Certain Flights Within the Flight Information Region (FIR) of the Democr atic People’s Republic of Korea (DPRK) Of Title 14, Code of Federal Regulations to the limited extent necessary to operate one flight to Pyongyang, the capital city of the Democratic People’s Republic of Korea DPRK, on or about August 30, 2007. This exemption is subject to the following conditions and limitations and terminates on the sooner of the completion of the described flight, or 30 days from the issuance of this exemption, unless sooner superseded or rescinded.

1. Prior to conducting any operation under this exemption, Kalitta Air must provide advance notification to the DPRK civil aviation and DPRK military air defense
authorities of the:

a) planned entry point into the ZKPY flight information region (FIR),

b) estimated arrival time at the entry point into the ZKPY FIR,

c) the planned flight altitude, and

d) the planned flight route from the entry point into the ZKPY FIR to Pyongyang.

2. Prior to conducting any operation under this exemption, Kalitta Air must obtain approval from the DPRK government that both the DPRK civil5

aviation administration and the DPRK military air defense authorities have issued approvals for the: a) actual entry point into the ZKPY flight information region (FIR),

b) actual arrival time at the entry point into the ZKPY FIR,

c) approved flight altitude,

d) approved route of flight route from the entry point into the ZKPY FIR to Pyongyang

3. A copy of this exemption must be provided to the pilot-in-command (PIC) of any airplane operated under this exemption, and must be carried on board any airplane operated under this exemption.

4. A copy of the information and approvals obtained in condition and limitation No. 2 must be provided to the PIC of any airplane operated under this exemption, and must be carried on board any airplane operated under this exemption.

Issued in Washington, D.C., on August 29, 2007

//s//
John M. Allen Acting Director, Flight Standards Service

.6

Project No.: E-2007-0952

Project Officer: _______________
ARM-105:TTHOMAS:08/29/07:Doc#26657
ARM-1/100/105:AFS-200

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# EXHIBIT E

(2000 Exemption from SFAR 79)