DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

_____________________________________ 

In the Matter of: 

Samaritan’s Purse 

Petition for Exemption from SFAR 79 

_____________________________________ 

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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, 2011 
DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, D.C. 

_____________________________________ 

In the Matter of: 

Samaritan’s Purse 

Petition for Exemption from SFAR 79 

_____________________________________ 

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FAA Docket No. 2011- 

Petition for Exemption from SFAR 79

Pursuant to 14 C.F.R. Sections 11.61 and 11.63, Samaritan’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.-registered corporate aircraft. A n 

exemption from SFAR 79, which prohibits U.S.-registered aircraft from flying to or from 

Pyongyang without express authorization, 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 that the FAA allow it 

to continue its important work in the DPRK by granting the exemption requested herein.

Samaritan’s Purse submits the 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 respectively 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 exemption) 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 flights to and from North Korea is owned 

by and registered to BB&T Equipment Finance 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/Elizabeth 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. 
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(f) Proposed Schedule / Route Of Flight / DPRK Entry/Exit Points:

ETD PANC 9 MAY 2011 1900Z // 09 MAY 2011 1100L 

ROUTE: MCG H222 VALDA G212 BETAM B233 BUMAT G212 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 electrical generator systems, operating 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. Reverend 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 late DPRK President Kim Il Sung. 

(h) Reasons Why Relief is Necessary

It is critical that Samaritan’s Purse be permitted 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 the 
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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 visit to North Korea is also the purpose of 

the flight. 

 KEVIN RAY TURLEY (U.S. Citizen): 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 traveled 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 directors 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 government 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. 
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(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 previous 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 private 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) 









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EXHIBIT B 

(2009 Exemption from SFAR 79) 









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EXHIBIT C 

(2008 Exemption from SFAR 79) 
AFS-08-360-E

Exemption No. 9728

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC 20591

In the matter of the petition of 

SAMARITAN’S PURSE Regulatory Docket No. FAA-2008-0755

Special Federal Aviation Regulation 79 

of Title 14, Code of Federal Regulations 

GRANT 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 Information Region 

(FIR) of the Democratic People’s Republic of Korea (DPRK) of Title 14, Code of Federal 

Regulations. The proposed exemption would permit Samaritan’s Purse to operate a flight to 

Pyongyang, the capital city of the DPRK, on or about July 31, 2008 and from Pyongyang 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 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.
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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.

3. Permitted Operations. This SFAR does not prohibit persons described in paragraph 

1 from conducting flight operations within 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 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 Saturdays, Sundays, and Federal holidays, 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 request with the following information:

Samaritan’s Purse plans to operate a flight into Sunan Airport, Pyongyang, in the 

Democratic People’s Republic of Korea. The petitioner states the purpose of this 

exemption is to carry out a high-level protocol delegation visit to Pyongyang, 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 Foreign Affairs Pak 

Ui Chun, Vice Foreign Minister Kim Kye Gwan, Ambassador Li Gun, and the Vice 

President of KAPES (a North Korean governmental entity responsible for handling 

relief efforts) Chol II.

The petitioner states there are four purposes of the visit:

1. To continue the friendship and relationship between Samaritan’s Purse and 

the Billy Graham Evangelistic Association that began with visits to 

Pyongyang in 1992 and 1994 by the Reverend Billy Graham.

2. To hold follow-up meetings in reference to the humanitarian 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.
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3. To carry out further discussions regarding the request by Samaritan’s Purse 

to build an International Community Church in Pyongyang 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 and the Billy Graham Evangelistic Association, the 

opportunity for in-country discussions with high officials in reference to 

other development and humanitarian assistance programs and projects

currently underway with USAID and other United States (U.S.)

government 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 not many commercial flights to 

Pyongyang. The petitioner states that Reverend Graham is on a tight scheduled and it 

would be unlikely that he could accomplish his objectives if he were forced to rely on 

schedule service to Pyongyang.

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 Reverend 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. The petitioner further states that the U.S. 

Department 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 exemption would not affect safety. The one 

concern for a flight into Pyongyang 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 received (under the auspices of the Swedish 

Embassy in Pyongyang). 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 other organizations. The petitioner further requests that processing of this 

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

comments in 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 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, particularly

the 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 aircraft 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.

In issuing SFAR 79 the FAA stated that it had not yet reviewed all applicable safety

information provided by the DPRK and necessary for operators to meet international 

safety standards prescribed by the International Civil Aviation Organization. It had 

not determined that the proper level of operational overflight safety can be assured east 

of 132 degrees east longitude. Remaining issues included:

1) differences from ICAO 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 International 

Flight Information 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 degrees 
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east longitude and to publish a Notice to Airmen (NOTAM) indicating that such 

flights are permitted and where to find the information 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 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, as well as the insufficient time to review safety information 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 Pyongyang 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 Pyongyang 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 Information 

Publication (AIP). Following a review of this material, the FAA found that the proper 

level of flight safety could be assured for overflights occurring in the international 

airspace of the FIR east of 132 degrees east longitude. In particular, the FAA was 

satisfied with the information in the AIP 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. Department of Treasury had lifted its prohibition on the 

payment of overflight fees to the DPRK on April 7, 1997, this portion of the 

Pyongyang FIR became available to U.S. operators.

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:

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. 
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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 fully considered all of the petitioner’s supportive information and finds 

that Samaritan’s Purse is well prepared to operate the proposed flight. In addition the 

FAA has determined that for the very limited time period involved in this grant of 

exemption, 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 west 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 reasons 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 exemption rather than the general rulemaking 

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, delegated 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 

Information Region (FIR) of the Democratic People’s Republic of Korea (DPRK) of Title 14, 

Code of Federal Regulations. The proposed exemption would permit Samaritan’s Purse to 

operate a flight to Pyongyang, the capital city of the DPRK, on or about July 31, 2008 and 

from Pyongyang 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. This 

exemption is subject to the following conditions and limitations.
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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 (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, 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 (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

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 licenses 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 obtained in condition and limitation no. 2 

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.

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

rescinded.

Issued in Washington, DC, on July 24, 2008.

/s/

John M. Allen

Acting Director, Flight Standards Service
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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—Prohibition Against Certain Flights Within the 

Flight Information Region (FIR) of the Democratic 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 within 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 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 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 Civil 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. 
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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, particularly 

the 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 aircraft 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: 
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 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—Prohibition Against Certain Flights Within the 

Flight Information Region (FIR) of the Democratic 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 civil 
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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 

 . 
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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)