Exemption No. 10260 

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-2011-0189

 

for an exemption from Special 

Federal Aviation Regulation No. 79, 

of Title 14, Code of 

Federal Regulations 

 

GRANT OF EXEMPTION 

 

 By letter dated March 2, 2011, as amended on March 24, 2011, Mr. Mark W. Atwood and 

Ms. Elizabeth J. Wadsworth, Counsel for Samaritan’s Purse, Cozen O’Connor, The Army and Navy 

Club Building, 1627 I Street, NW., Washington, D.C. 20006 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 (14 CFR). The proposed exemption, if granted, would permit Samaritan’s Purse to 

operate a flight to Pyongyang, the capital city of the DPRK, on or about May 10, 2011, and from 

Pyongyang on or about May 13, 2011. It would also permit certain airmen to exercise the privileges 

of airmen certificates issued by the FAA in connection with these flights. The aircraft to be used in 

these operations is owned by and registered to BB&T Equipment Finance Corporation, which in turn 

has leased the aircraft to Samaritan’s Purse. The aircraft is a Dassault Falcon 900EX with the 

registration number N900FJ, which is equipped with radios capable of receiving/transmitting on all 

standard frequencies as per air traffic control instructions. The aircraft is also equipped with airborne 

collision avoidance system/traffic collision avoidance system. 
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The petitioner requests relief from the following 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. 

 

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: 

The petitioner states that the proposed exemption, if granted, would permit Samaritan’s Purse to 

operate its leased airplane into Sunan Airport, Pyongyang, in the DPRK. The petitioner further 

states that there are three purposes of the visit: 

1. The primary purpose of the visit is to allow Reverend William Franklin Graham III and his 

delegation to visit Sunuiju and Kwaksan Tuberculosis Hospitals. Samaritan’s Purse 

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 chartering a Kalitta Air Boeing 747 aircraft 
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and flying relief supplies to the area following torrential rains and heavy flooding in the 

DPRK. 

2. By visiting Sinuiju and Kwaksan Hospitals, 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. 

3. Additionally, the delegation’s visit will allow Samaritan’s Purse to continue to foster the 

friendship and relationship between Samaritan’s Purse, the Billy Graham Evangelistic 

Association and DPRK that began with visits to Pyongyang in 1992 and 1994 by the 

Reverend Billy Graham who, on both of these occasions, had meetings with the late DPRK 

President Kim II Sung. 

Samaritan’s Purse states that it is critical that it be permitted to operate this flight using its leased 

airplane and, from a practical perspective, there are few commercial flights to Pyongyang. The 

petitioner states that Reverend Graham is on a tight schedule for this visit and it would be unlikely 

that he could accomplish his objectives if he were forced to rely on scheduled commercial air 

service to Pyongyang. 

 

More importantly, from a ceremonial/ “soft diplomacy” perspective, the arrival of the Samaritan’s 

Purse airplane (possibly piloted by Reverend Graham, a licensed pilot) is thought to have a much 

more beneficial impact on the high-level North Korean government officials with whom 

Reverend Graham will be meeting than would arrival by commercial carrier. Samaritan’s Purse 

hopes to recreate the positive impression that was made when a private airplane piloted by 

Reverend Graham arrived in North Korea in May 2000, August 2008, and October 2009. 

The petitioner states that a grant of exemption would not affect safety or security. The petitioner 

further states that the only such concern at issue for a flight into Pyongyang concerns a possible 

hostile response by North Korea to aircraft entering North Korean airspace. In its initial 

submission, the petitioner stated that permission to land in North Korea had been sought (under 

the auspices of the Swedish Embassy in Pyongyang) and that documentation of this permission 

would be submitted to the FAA once obtained. The petitioner states that this flight has been 

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

adds that the warm reception given to the organization’s previous flights makes a hostile response 

extremely unlikely. After its initial submission, the petitioner provided the FAA with the 

clearance number provided to it by the DPRK, which is GACA-10-11. 

The petitioner states that it is aware of the issues involved in flying to North Korea and notes that 

it has an extensive history working in that country. The petitioner states that it obtained 

exemptions from SFAR 79 to operate a private jet to North Korea in May 2000, August 2008, and 

October 2009 and chartered flights by Kalitta Air into Pyongyang in September 2007 and 

September 2010 for the delivery of humanitarian supplies. Samaritan’s Purse further asserts that 

this flight will foster goodwill toward the United States by the government and people of North 

Korea. The petitioner states that, based upon detailed advance communications over the past 
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several years with high-level DPRK government officials, up to and including the Minister of 

Foreign Affairs, and the 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. 

Additionally, the petitioner states that the humanitarian aid work that Samaritan’s Purse conducts 

in North Korea is by definition in the public interest and that this flight will allow for the better 

provision of services to the people of North Korea. 

The FAA also received a letter from the U.S. Department of State indicating that it has no foreign 

policy objections to Samaritan’s Purse’s travel to North Korea or the approval of an exemption 

from SFAR 79 for a single flight operated by Samaritan’s Purse to fly to North Korea. The 

Department of State indicated that the humanitarian assistance provided in the past by Samaritan’s 

Purse and its current projects in North Korea are in the public interest in the view of the 

Department of State, respond to the needs of the North Korean people, and will foster goodwill 

among the North Korean people toward the United States government and the people of the United 

States. The Department of State stated that, accordingly, it supports the grant of an exemption to 

Samaritan’s Purse for this humanitarian-related purpose. In addition, the Department of State 

noted the security issues attendant upon travel to North Korea and the lack of diplomatic or 

consular relations between the United States and North Korea. 

 

The FAA has determined that good cause exists for waiving the requirement for Federal 

Register publication, because the exemption, if granted, would not set a new precedent, and any 

delay in acting on this petition would be detrimental to Samaritan’s Purse. The FAA notes, 

however, that this trip was apparently the subject of extended discussions between Samaritan’s 

Purse and North Korean officials and calls the petitioner’s attention to 14 CFR § 11.63(d), which 

directs petitioners to submit petitions for exemption 120 days before the effective date of the 

exemption. Failure to comply with this regulatory requirement may result in denial of the petition 

for the date and time requested to allow sufficient time to act on the petition. 

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 FAA further found that 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 FAA also found that 

the DPRK air defense system included modern surface-to-air missile systems and interceptor 

aircraft capable of engaging aircraft at cruising altitudes. 

 

The FAA also 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. The FAA found that 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. 
5

 

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. The FAA found that this potential threat justified the 

imposition of certain measures on U.S. civil 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. 

The FAA stated that, since 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 (ICAO), it had not determined that the proper level of 

operational overflight safety could be assured east of 132 degrees east longitude. Remaining 

issues for review 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. The FAA further stated that, once this information was reviewed and 

published, the FAA was prepared to amend SFAR 79 as warranted to permit flights east of 

132 degrees east longitude and to publish a Notice to Airmen 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. civil operators conducting flights through the Pyongyang FIR. The FAA found that the 

current air defense capabilities in the DPRK, as well as the need 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 determined that 

the issuance of SFAR 79 was necessary to prevent an undue hazard to U.S.-registered aircraft and 

to protect persons on board such aircraft. 

 

After the issuance of the original version of SFAR 79, the DPRK sent the FAA a copy of its new 

Aeronautical Information Publication. Following a review of this material, the FAA determined 

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 stated that it 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. 
6

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 stood by its conclusion that the combination of: (1) the DPRK’s military capabilities; and 

(2) its rules of engagement 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 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 civil 

aircraft that would operate in the Pyongyang FIR 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 all requirements imposed 

by DPRK. As of April 29, 2011, the petitioner received flight clearance number GACA-10-11

from the Government of North Korea. 

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 be exercising the privileges of an airman 

certificate issued by the FAA in connection with the flights covered by this exemption. 

The FAA finds that the proposed exemption would be in the public interest due to this flight’s 

humanitarian mission. Additionally, the humanitarian work conducted by Samaritan’s Purse in the 

DPRK has the potential to foster goodwill toward the United States by the government and people 

of North Korea. The FAA further finds that Samaritan’s Purse is sufficiently different 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. 

 
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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. This exemption permits Samaritan’s Purse to operate the proposed flight to Pyongyang, 

the capital city of the DPRK, departing the United States on or about May 9, 2011; arriving in 

Pyongyang on or about May 10, 2011; and departing from Pyongyang on or about May 13, 2011. It 

also permits those persons who will be exercising the privileges of airmen certificates issued by the 

FAA to do so in connection with these specific flight operations. This exemption is subject to the 

following conditions and limitations. 

 

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 ZKKP FIR; 

 b) estimated arrival time at the entry point into the ZKKP FIR; 

 c) the planned flight altitude; and 

 d) the planned flight route from the entry point into the ZKKP 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 ZKKP FIR; 

 b) actual arrival time at the entry point into the ZKKP FIR; 

 c) approved flight altitude; 

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

 Pyongyang. 

3. Prior to conducting any operation under this exemption, Samaritan’s Purse must obtain any 

other authorizations or licenses that may be required by other agencies of the United States 

Government. 

4. A copy of this exemption must be provided to the pilot in command (PIC) of any aircraft 

operated under this exemption and must be carried on board the aircraft operated under this 

exemption. 

5. A copy of the information and approvals obtained in Condition No. 2 above must be 

provided to the PIC of the aircraft operated under this exemption and must be carried on 

board any aircraft operated under this exemption. 

 
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6. The FAA requests that Samaritan’s Purse provide the FAA Washington Operations Center 

Complex with flight updates for aircraft N900FJ during the upcoming mission to 

Pyongyang on or about May 9 – 13, 2011. The FAA Washington Operations Center 

Complex is open 24/7 and can be reached by telephone at (202) 267-3333. 

This exemption terminates at 11:59 p.m. on May 23, 2011, unless sooner superseded or rescinded. 

 

Issued in Washington, D.C., on May 05, 2011. 

/s/ 

Raymond Towles 

Acting Director, Flight Standards 

 Service