AFS

- 14

- 336

- E Exemption No. 11155

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

In the matter of the petition of

AMERICAN JET INTERNA TIONAL Regulatory Docket No. FAA

- 2014

- 0404 CORPORATION ( AJI )

for an exemption from part 91, SFAR 107 of Title 14, Code of Federal Regulations

DENIAL OF EXEMPTION

By letter dated April 24, 2014, Charles A. Simmons, Director of Operations, American Jet International Corporation (A JI)

, 8501 Telephone Road, Houston, TX 77061, petitioned the Federal Aviation Administration (FAA) for an exemption from part 91

, Special Federal
Avi ation Regulation (SFAR) 107 of Title 14

, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would allow A JI to base aircraft at the Aden Adde International Airport (HCMM) located in Mogadishu, Somalia, to provide air ambulance
servi ces under contract to the United Nations (UN)

.

The petitioner requests relief from the following regulation:

SFAR 107

– Prohibition Against Certain Flights Within the Territory and Airspace of
Somalia

– prescribes, in pertinent part, that no U.S. air ca rrier or U.S. commercial operator ; no person exercising the privileges of an airman certificate issued by the FAA, except such persons operating U.S.

- registered aircraft for a foreign air carrier; and no operator of a U.S.

- registered aircraft, except where the operator of such aircraft is a for ei g n air carrier, may conduct flight operations at an altitude below flight level 200 (i.e. below 20,000 feet above mean sea level) in the territory or airspace of Somalia unless authorized by another agency of
the U nited States Government with the approval of the FAA or by an exemption issued by the
Administrator

.2

The petitioner supports its request with the following information:

The petitioner wishes to enter into a contract with the UN to provide air ambulance s ervices in Somalia. The petitioner describes it s plans to operate out of Aden Adde International Airport (HCMM) and to base two aircraft, four to six pilots, and two maintenance technicians at the airport.

The petitioner states that granting the requeste d exemption would not adversely affect safety or would provide a level of safety at least equal to that provided by SFAR No. 107 for several

reasons:

1) AJI has earned the International Standard for Business Aircraft Operations ( ISBAO ) Level 1 safety rating

, as well as the Aviation Research Group, United States ( ARGUS ) Plat inum safety rating. According to the petitioner, t he platinum rating is a distinction awarded to only a handful of air charter operators in the U.S. that adhere to the highest safety standa rds

, as well as having developed a system of programs, policies and procedures that is well thought out and conducive to an organized way of doing business.

2) AJI employs experienced , well

- train ed pilots that hold Airline Transport Pilots’
licenses and Clas s 1 medical certificates and maintains a 24

- hour dispatch center in
Texas.

3) A JI has been in the air a mbulance business since 1991 and indicates that, as a result, it is experienced and knowledgeable when performing air ambulance operations

.

The petitioner states that a grant of exemption would be in the public interest

, because it
would enable AJI to provide air ambulance services to the United Nations in support of its
humanitarian aid efforts , which appear to include peacekeeping

.

T he FAA found that the petition, if granted, would set a precedent. Therefore, to allow an opportunity for the public to comment on the petition, a summary of this petition was published in the Federal Register on August 18, 2014 ( 79 FR 48819 ). No comments were received.

The FAA's analysis is as follows :

The FAA considered all information presented by the petitioner and finds that granting the petition for exemption would not provide a level of safety at least equal to that provided by
the rule.

The FAA issued SFAR No. 107 due to aviation safety and nat ional security interest concerns regarding U.S. civil flight operations in Somalia and concerns for t he individuals affected by
SFAR No. 107 who may overfly Somalia below flight level (FL) 200 or land anywhere in
Somalia

, except when necessary due to an in

- flight emergency

. On 9 March 2007 , the3

fuselage of an IL

- 76 aircraft supporting the deployment of Ugandan peacekee ping forces to Somalia exploded and caught fire just above the landing gear while on final approach to
HCMM. The FAA stated when it issued SFAR 107 that there was evidence to support the possibility that the aircraft may have been struck by a rocket propelled grenade (RPG) while
2.5

- 3 kilometers off the coast of Somalia at approximately 120 meters in altitude. The aircraft
was able to land at Mogadishu, but was heavily damaged

. The FAA was also unable to rule

out the possibility that some individuals also have access to man

- portable air defense systems (MANPADS) that could be used against th ose persons covered by SFAR No. 107 . On 23
March 20 07 , an IL

- 76 aircraft crashed after t aking off from HCMM

, killi ng all the passengers
and crew. Although the cause of the crash wa s under investigation at the time the FAA issued
SFAR No. 107

, the FAA indicated that there wa s a possibility the IL

- 76 was do wned by a
MANPADS missile or RPG. These incidents occurred days after unknown individuals mortared the airport at Mogadishu, causing minimal damage. Consequently, th e FAA
determined that it was not safe to overfly Somali territory b elow FL 200 and that i t was in the United States' national security inte rests for those covered by SFAR 107 not to engage in flight operations within the territory and airspace of Somalia.

The FAA continues to have serious concerns regarding U.S. civil flight operations in
Som alia. Somalia remains unstable, with ongoing fighting between the government and various terrorist groups, such as al

- Shabaab. Al

- Shabaab is an Islamic extremist terrorist group affiliated with al

- Qa’ida that continues to target U.S. and Western interest s in the region

, to include civil aviation. Al

- Shabaab regu larly targets Somali government

- controlled areas and airpo rts, particularly HCMM , with the most recent attack against HCMM occurring in December 25, 2014. Al

- Shabaab possesses a variety of weapon s to threa ten civil aviation
to include MANPADS for use against aircraft in

- flight and stand

- off weapons

, such as mortars
and rockets

, for in

- direct fire against airports. Due to the ongoing conflict a nd the persistent threat to HCMM, as well as al

- Shabaa b’s weapon capabilities and demonstrated intent to target civil aviation, the FAA remains concerned about the continuing threat to U.S. civil
aviation operations in Somalia.

While providing air ambulance services to support UN a ctivities in Somalia may fu rther t he public interest, t he FAA finds that A JI ’s safety r atings , pilot training and qualifications

, 24

- hour dispatch facility , and knowledge and experience in conducting air ambulance operations do not substantively address the particular hazards to U.S . civil aviation operations in Somalia
that led to the issuance of SFAR 107 in 2007 and those hazards that exist there today

.4

The FAA’s Decision:

In consideration of t he foregoing, I find that a grant of exemption would not be in the public interest. Therefore, pursuant to the authority contained in 49 U.S.C.§§ 106(f), 40113 and 44701 delegated to me by the Administrator, the petition of American Jet International Corp oration for an exemption from 14 CFR part 91, SFAR 107

, is hereby denied.

Issued in Washington, DC on J anuary 26, 2015

.

/s/
John S. Duncan Director, Flight Standards Service