Comment Info: =================

General Comment:2 November, 2007

To: FAA Office of Rulemaking

From: Marc Livolsi, Aviation Director, XJet LLC

RE: Request for exempt operation by U.S. Civil Aircraft in Iraqi airspace ref SFAR 
77


Dear Sir/Madam,

This letter is a request for exemption from the SFAR 77 restriction to U.S. civil air 
operations in Iraq. Specifically, our client, Aspect Energy, LLC, intends to operate 
their aircraft (which we manage and provide crew/maintenance, etc.) into the 
Kurdish region of Northern Iraq, in the city of Erbil. The client is an oil exploration 
corporation, and this trip is in the interest of completing a contract which will 
provide a large and sustainable revenue flow for the region, and for Iraqi 
reconstruction in general.

In preparation for this mission, we have conducted detailed ground and air threat 
analyses, and determined the risks within this region to be manageable, though 
elevated by domestic U.S. standards.

Figure 1, below, is an excerpt from the Iraqi AIP, which (highlight) specifically 
exempts Erbil (ORER) from the ground-fire hazards of the rest of the country.


AIP ENR 5.3?1
IRAQ 27 SEP 07
Iraq Civil Aviation Authority
ENR 5.3 OTHER ACTIVITIES OF A DANGEROUS NATURE AND OTHER
POTENTIAL HAZARDS
5.3.1 All operators are advised that non-military operations could be at significant 
risk because of ongoing military operations in Iraq. There are continuing reports of 
indiscriminate small arms and missile attacks on aircraft operating in Iraq, 
primarily at low altitudes (except at Erbil (ORER) International Airport and 
Sulaymaniyah (ORSU) International Airport, including the approach and departure 
lanes). Therefore, operators that undertake flights within the Baghdad FIR shall do 
so at their own risk. Compliance with AIP procedures is mandatory; safety of 
aircraft operating in the Baghdad FIR requires strict adherence to AIP procedures.
Failure to comply with the procedures in this AIP may result in interception by 
armed coalition fighter aircraft.

Beyond this, we have conducted threat surveys by the Sentinel Group, our client?s 
contracted security agent on the ground, and with Blackwater, USA. Both of these 
reports minimize the threat posed to the operation of civil aircraft.  In addition, we 
have consulted RAMCC, the USAF agancy in control of Iraqi airspace, and they 
report the Kurdish region to be free of incidents. We have secured a local handler 
for ground operations, and have made the initial request for arrival and departure 
slots with RAMCC. We now just await the exemption to the FAA restriction.

In the interest of maximizing security and minimizing risk to aircraft, passengers, 
and crew, our plan is to land using a close-in approach, deplane the passengers 
into the custody of our security team, and immediately depart back to Kuwait. The 
same profile will be conducted to retrieve the passengers after their business is 
concluded. 

We believe the use of non-U.S. aircraft represents a decrease in the security and 
safety for the company principals that may lead to unacceptable risks, and 
possible security leaks that may endanger them while in the Kurdish territory.

In the interest of completing the mission, we are requesting your attention to this 
matter for an expedited clearance. The meeting is slated for 12 November, and 
retrieval on the 14th. We are very time-limited, and would appreciate your earliest 
attention to this matter.

I can be reached at 303-886-7565 any time

My Director of Operations, Donald Kuskie, can be reached 303-304-9476.

Thank you for your timely consideration