NOTAM on Russian Citizens

killbilly

Vocals, Lyrics, Triangle, Washboard, Kittens
This is the language of the NOTAM:

!FDC 2/9510 ZZZ PART 1 OF 2 SECURITY...SPECIAL SECURITY INSTRUCTIONS (SSI) PROHIBITION ON RUSSIAN FLIGHT OPERATIONS IN THE TERRITORIAL AIRSPACE OF THE U.S. PURSUANT TO 49 USC SECTIONS 40103 AND 40113(A), ALL RUSSIAN AIR CARRIERS AND COMMERCIAL OPERATORS, REGARDLESS OF THE STATE OF REGISTRY OF THE AIRCRAFT; ALL AIRCRAFT REGISTERED IN THE RUSSIAN FEDERATION; ALL RUSSIAN STATE AIRCRAFT, REGARDLESS OF THE STATE OF REGISTRY OF THE AIRCRAFT; AND ALL AIRCRAFT, REGARDLESS OF THE STATE OF REGISTRY, OWNED, CHARTERED, LEASED, OPERATED OR CONTROLLED BY, FOR, OR FOR THE BENEFIT OF, A PERSON WHO IS A CITIZEN OF THE RUSSIAN FEDERATION ARE PROHIBITED FROM OPERATING TO, FROM, WITHIN, OR THROUGH U.S. TERRITORIAL AIRSPACE, EXCEPT FOR AIRCRAFT ENGAGED IN HUMANITARIAN OR SAR OPERATIONS SPECIFICALLY AUTHORIZED BY THE FAA, STATE AIRCRAFT OPERATIONS GRANTED A DIPLOMATIC CLEARANCE BY THE U.S. DEPARTMENT OF STATE AND AIRCRAFT EXPERIENCING IN-FLIGHT EMERGENCIES. ALL EXCEPTED AIRCRAFT OPERATIONS UNDER THIS NOTAM MUST RECEIVE APPROPRIATE ECONOMIC AUTHORIZATION FROM THE U.S. DEPARTMENT OF TRANSPORTATION PRIOR TO CONDUCTING FLIGHT OPERATIONS TO, FROM, WITHIN, OR THROUGH U.S. TERRITORIAL AIRSPACE. AIRCRAFT OPERATORS SUBJECT TO THIS NOTAM WHO DO NOT COMPLY WITH 2203030200-2205252359 END PART 1 OF 2 !FDC 2/9510 ZZZ PART 2 OF 2 SECURITY...SPECIAL SECURITY INSTRUCTIONS (SSI) THESE INSTRUCTIONS MAY BE INTERCEPTED, AND THEIR PILOTS AND OTHER CREWMEMBERS DETAINED AND INTERVIEWED BY LAW ENFORCEMENT OR SECURITY PERSONNEL, AS APPROPRIATE. ALL PREVIOUSLY OBTAINED FAA AUTHORIZATIONS FOR AIRCRAFT AND OPERATIONS SUBJECT TO THIS NOTAM ARE REVOKED. OPERATORS SUBJECT TO THIS NOTAM WISHING TO OBTAIN AN FAA AUTHORIZATION TO OPERATE IN U.S. TERRITORIAL AIRSPACE MUST SUBMIT A REQUEST TO THE FAA SYSTEM OPERATIONS SUPPORT CENTER (SOSC) AT 1-202-267-8276 OR EMAIL 9-ATOR-HQ-SOSC@FAA.GOV. REQUESTS FOR DOT ECONOMIC AUTHORIZATION MUST BE SUBMITTED TO THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF INTERNATIONAL AVIATION AT SCHEDULEFILING@DOT.GOV. SFC-UNL 2203030200-2205252359 END PART 2 OF 2

It strikes me as vague. I have a hard time believing that the FAA meant this to apply to Russian flight instructors, individual Part 91 renters, and hockey teams who need to move a bunch of players around.

@MidlifeFlyer - I suspect it might come down to the lawyering about Operator, but I'd be interested to know what you think. Even my local POI at the FSDO thinks this is weird and they are seeking some clarification from the FAA.
 
This is the language of the NOTAM:



It strikes me as vague. I have a hard time believing that the FAA meant this to apply to Russian flight instructors, individual Part 91 renters, and hockey teams who need to move a bunch of players around.

@MidlifeFlyer - I suspect it might come down to the lawyering about Operator, but I'd be interested to know what you think. Even my local POI at the FSDO thinks this is weird and they are seeking some clarification from the FAA.

There is a certain company that flies 9H registered airplanes that is likely feverishly looking for workaround.
 
A couple years ago I helped a citizen of Russia who lives in SoCal buy a plane which he flies for pleasure under part 91.

I think he's grounded?

1646354387992.png
 
So Captain, you fly a 767 from LAX to DFW with 200+ people on board. Come to find out one is a Russian citizen working in the US on a green card. He holds a TX drivers license and showed that to TSA.

1646356765068.png
 
This is the language of the NOTAM:



It strikes me as vague. I have a hard time believing that the FAA meant this to apply to Russian flight instructors, individual Part 91 renters, and hockey teams who need to move a bunch of players around.

@MidlifeFlyer - I suspect it might come down to the lawyering about Operator, but I'd be interested to know what you think. Even my local POI at the FSDO thinks this is weird and they are seeking some clarification from the FAA.

A NOTAM like this is made in an extreme case where lawyering is not relevant.

Something is happening.
 
So Captain, you fly a 767 from LAX to DFW with 200+ people on board. Come to find out one is a Russian citizen working in the US on a green card. He holds a TX drivers license and showed that to TSA.

The flight isn't being operated for your hypothetical Texan-Russian, it is being operated for the air carrier.
 
Nor abortion or gay marriage. But then again, you knew that. But see how we have to use parts of the Constitution as a guide to make lawful decisions on?

Was there a NOTAM that prohibited foreign gay spouses from operating aircraft?

Even if there was, the foreign part is the key here. Article 1 Section 8 gives Congress the power to do so. Congress has delegated some of that to the President as well, such as in 22 U.S. Code Section 279.

(I'm not a lawyer. Hopefully one will chime in here with some non-legal-advice guidance on the topic.)
 
Was there a NOTAM that prohibited foreign gay spouses from operating aircraft?

Even if there was, the foreign part is the key here. Article 1 Section 8 gives Congress the power to do so. Congress has delegated some of that to the President as well, such as in 22 U.S. Code Section 279.

(I'm not a lawyer. Hopefully one will chime in here with some non-legal-advice guidance on the topic.)

I’m simply going on observations. Illegals here seem to have more rights and protections than legal citizens. But that’s an argument for another thread.
 
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