Exemption No. 10282 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

FEDERAL AVIATION ADMINISTRATION 

WASHINGTON, DC 20591 

 

In the matter of the petition of 

 

BCC EQUIPMENT LEASING 

CORPORATION Regulatory Docket No. FAA-2011-0528

 

for an exemption from Special 

Federal Aviation Regulation No.77 

of Title 14, Code of Federal 

Regulations 

 

GRANT OF EXEMPTION 

 By letter dated May 20, 2011, Daniel E. Laronde, Project Manager, Aircraft Technical 

Services, BCC Equipment Leasing Corporation (BCC), 500 Naches Avenue, SW., 3rd Floor, 

Renton, Washington 98057, petitioned the Federal Aviation Administration (FAA) on behalf 

of BCC for an exemption from Special Federal Aviation Regulation (SFAR) No. 77 of 

Title 14, Code of Federal Regulations (14 CFR). The proposed exemption, if granted, would 

permit a BCC-contracted flightcrew to fly a BCC-owned lease defaulted B-737-400 airplane 

(the aircraft) out of Baghdad International Airport (BIAP) and the territory and airspace of 

Iraq in order to ferry the aircraft back to the United States. 

The petitioner requests relief from the following regulation:

SFAR No.77 – Prohibition Against Certain Flights Within the Territory and Airspace 

of Iraq. Paragraph 2, Flight prohibition, prescribes that no person may conduct flight 

operations over or within the territory of Iraq except as provided in paragraphs 3 and 4 

of this SFAR. Paragraph 3, Permitted operations, prescribes that this SFAR does not 

prohibit persons described in paragraph 1 from conducting flight operations within the 

territory and airspace of Iraq where such operations are authorized either by another 

agency of the United States Government with the approval of the FAA or by an 

exemption issued by the Administrator. 

AFS-11-317-E 
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The petitioner supports its request with the following information:

The petitioner states that this request applies to BCC-owned B-737-400, MSN 25109, 

Registration N416BC, and the airmen contracted by BCC to conduct the requested 

flight. The aircraft is currently parked at BIAP and was flown into BIAP under 

Jordanian registry while in operation by Jordanian air carrier Solitaire Airlines. 

Prior to the flight into BIAP, BCC served Solitaire with a formal notice of lease default 

and on March 30, 2011, BCC formally took action to terminate the lease; however, 

Solitaire refused to acknowledge the termination of the lease and continued to operate 

the aircraft notwithstanding the lease termination. BCC immediately requested 

deregistration of the aircraft at the Jordanian Civil Aviation Regulatory Commission 

(CARC), which would have the effect of grounding the aircraft. As the process for 

Jordanian deregistration was being worked, Solitaire continued to operate the aircraft. 

BCC initially requested deregistration of the aircraft on April 21, 2011, and 

supplemented that request with additional submissions to CARC. 

BCC states that it had no control over the timing of the actual deregistration or the 

location of the aircraft at the time of deregistration. On May 10, 2011, the CARC 

deregistered the aircraft. At the time of deregistration, the aircraft was parked on the 

BIAP ramp. 

BCC claims that currently the aircraft is registered with the FAA as N416BC and is 

being prepared for a ferry flight to the United States. The planned route will be 

Baghdad – Luxembourg – Keflavik, Iceland – Bangor, Maine – Goodyear, Arizona. In 

preparation for the flight, BCC will carry out a line service check and preflight 

inspection in accordance with the manufacturer’s applicable aircraft maintenance 

manuals. The maintenance will be performed by Turkish Technix of Istanbul, Turkey, 

a part 145 certificated repair station. BCC will make application to the FAA for a 

special flight permit for the intended flights. Once satisfactory condition of the aircraft 

has been confirmed by a FAA designated airworthiness representative (DAR), the 

aircraft will be issued a special flight permit. The flight will be conducted by BCCcontracted pilots who are qualified U.S. Airmen. The contracted flightcrew will be 

responsible for flight planning and flyover permission from civil aviation authorities 

(CAA) of countries on the planned route. 

BCC states that SFAR 77 does not permit a means for BCC to fly the aircraft out of 

Iraq and back to the United States where proper maintenance and storage of the aircraft 

can be accomplished. The need to get the aircraft out of Iraq as quickly as possible is a 

matter of high public interest. The longer the aircraft remains idle in this unfavorable 

environment and without access to qualified local maintenance personnel or facilities, 

the risk for additional flight delays will continue to expand. It is difficult to determine 

how long the aircraft could remain parked in this situation at BIAP or the actual 

economic impact for doing so; however, it is certain that the longer the aircraft remains 

in Iraq, the condition of the aircraft will continue to diminish and the residual value of 
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the aircraft will be impacted negatively, as well as the airworthiness of the aircraft due 

to the lack of proper maintenance and storage available to BCC. 

BCC indicates that it is important to note that prior to delivery of the aircraft to 

Solitaire on October 15, 2010, the aircraft had undergone a major inspection at AAR 

aircraft Service, Indianapolis. The aircraft was flown to Amman, Jordan, where it was 

parked until February 26, 2011, while Solitaire was awaiting the issuance of an 

operating certificate from the CARC. Other than the U.S. registration marks placed 

onto the fuselage as required by part 45, there are no other U.S. identifying markings 

on the aircraft. In fact, the flag of Jordan remains painted on the fuselage minimizing 

the risk for this aircraft to be identified as a U.S. product. 

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 precedent, and 

any delay in acting on this petition would be detrimental to BCC. 

The FAA’s analysis is as follows:

The FAA has considered fully the petitioner’s request and supporting information and 

finds that the circumstances presented by the petitioner justify a grant of exemption. 

For the following reasons, the FAA finds the petitioner has sufficiently shown that a 

grant of exemption would be in the public interest and that a level of safety equivalent 

to that provided by the regulations would be maintained: 

Public Interest 

SFAR 77 was issued because tensions and instability in Iraq increase the threat of harm 

to U.S. operators and civil aircraft operating in this area. The same public interest 

supporting the issuance of SFAR 77, namely, keeping U.S.-registered aircraft out of 

Iraq, supports the removal of a U.S.-registered aircraft from Iraq. Moreover, the BCC 

had no control over when the Jordanian CARC deregistered the aircraft. However, 

since the CARC deregistered the aircraft while it was parked at BIAP, the aircraft’s 

current location places an undue risk on a U.S.-registered aircraft. The FAA finds that 

it is in the public interest to facilitate the aircraft’s departure and prevent prolonged 

undue hazard as a result of potential threats to persons and U.S.-registered aircraft in 

the area. 

Equivalent Level of Safety 

The FAA finds that an expeditious departure of the aircraft can be conducted at a level 

of safety equivalent to that provided by the regulations because: 

1. The aircraft has no U.S. marking except for N416BC. 

2. The aircraft is painted with a Jordanian flag. 
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3. A special flight permit will be issued for the flights. 

4. BCC will ensure the contracted aircrew flight plans and files all required 

documentation. 

5. BCC will ensure the contracted aircrew receives a threat assessment briefing before 

the flight departs BIAP. 

6. BCC-contracted aircrew will operate the aircraft from BIAP in accordance with 

threat assessment and local operating rules/procedures to exit SFAR area 

expeditiously to minimize hazards to the aircrew and aircraft. 

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, BCC Equipment Leasing Corporation is granted an exemption from 

14 CFR SFAR 77 to the extent necessary to allow BCC to fly aircraft N416BC out of BIAP 

and out of the territory and airspace of Iraq, subject to the conditions and limitations listed 

below. 

Conditions and Limitations 

1. A special flight permit must be obtained before the intended flights. 

2. The flight will be conducted by BCC contracted pilots who are qualified U.S. 

airmen.

3. The contracted pilots and BCC will be responsible for flight planning and flyover 

permission from CAAs of countries on the planned route.

4. BCC will ensure the contracted pilots receive a current threat assessment briefing 

from the U.S. Embassy before the flight departs BIAP.

5. BCC-contracted aircrew will operate the aircraft from BIAP in accordance with 

threat assessment and local operating rules/procedures to exit SFAR area 

expeditiously to minimize hazards to the aircrew and aircraft. 

6. BCC will notify FAA of the specific date of flight operations 72 hours in advance, 

and will provide a flight update to the FAA Washington Operations Center 

(WOCC) at 202-267-3333 when the aircraft has left Iraqi airspace. 

Relief from SFAR 77 is also granted to the BCC-contracted airmen who will be exercising the 

privileges of airmen certificates issued by the FAA in operating the aircraft in the territory 
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and airspace of Iraq to the extent necessary to conduct the flight operations that are the 

subject of this grant of exemption. 

This exemption terminates on July 15, 2011, unless sooner superseded or rescinded. 

Issued in Washington, D.C., on June 7, 2011. 

/s/ 

John W. McGraw 

Acting Director, Flight Standards 

 Service