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 INTERNATIONAL 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 (AJI), 8501 Telephone Road, Houston, TX 77061, petitioned the 

Federal Aviation Administration (FAA) for an exemption from part 91, Special Federal 

Aviation Regulation (SFAR) 107 of Title 14, Code of Federal Regulations (14 CFR). The 

proposed exemption, if granted, would allow AJI to base aircraft at the Aden Adde 

International Airport (HCMM) located in Mogadishu, Somalia, to provide air ambulance 

services 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 carrier 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 foreign 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 United States Government with the approval of the FAA or by an exemption issued by the 

Administrator.
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The petitioner supports its request with the following information:

The petitioner wishes to enter into a contract with the UN to provide air ambulance services in 

Somalia. The petitioner describes its 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 requested 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) Platinum safety rating. According to the petitioner, the platinum 

rating is a distinction awarded to only a handful of air charter operators in the U.S. 

that adhere to the highest safety standards, 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-trained pilots that hold Airline Transport Pilots’ 

licenses and Class 1 medical certificates and maintains a 24-hour dispatch center in 

Texas.

3) AJI has been in the air ambulance 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. 

The 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 national security interest concerns

regarding U.S. civil flight operations in Somalia and concerns for the 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, the 
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fuselage of an IL-76 aircraft supporting the deployment of Ugandan peacekeeping 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 those persons covered by SFAR No. 107. On 23 

March 2007, an IL-76 aircraft crashed after taking off from HCMM, killing all the passengers 

and crew. Although the cause of the crash was under investigation at the time the FAA issued 

SFAR No. 107, the FAA indicated that there was a possibility the IL-76 was downed by a 

MANPADS missile or RPG. These incidents occurred days after unknown individuals 

mortared the airport at Mogadishu, causing minimal damage. Consequently, the FAA 

determined that it was not safe to overfly Somali territory below FL 200 and that it was in the

United States' national security interests 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 

Somalia. 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 interests in the 

region, to include civil aviation. Al-Shabaab regularly targets Somali government-controlled 

areas and airports, particularly HCMM, with the most recent attack against HCMM occurring 

in December 25, 2014. Al-Shabaab possesses a variety of weapons to threaten 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 and the persistent 

threat to HCMM, as well as al-Shabaab’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 activities in Somalia may further the 

public interest, the FAA finds that AJI’s safety ratings, 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. 

 
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The FAA’s Decision:

In consideration of the 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 

Corporation for an exemption from 14 CFR part 91, SFAR 107, is hereby denied.

Issued in Washington, DC on January 26, 2015.

/s/

John S. Duncan

Director, Flight Standards Service