Prohibition Against Certain Flights Within the Flight Information Region of the Democratic People's Republic of Korea (DPRK)

This action prohibits certain flight operations within the airspace controlled by the Democratic People's Republic of Korea (DPRK) by any United States air carrier or commercial operator; by any 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; or by an operator using an aircraft registered in the United States unless the operator of such aircraft is a foreign air carrier. The DPRK is opening its airspace to routine international overflights. On April 7, 1997, the U.S. Government lifted its prohibition on the payment of overflight fees to the DPRK, effectively opening the airspace to U.S. operators. However, pending the resolution of outstanding questions related to safety of flight operations in the area, the FAA will maintain a prohibition on certain flight operations within the Pyongyang Flight Information Region (FIR). The combination of the DPRK's military capabilities, rules of engagement, and inexperience in managing international civil aircraft poses a threat to civil aircraft in certain areas of the Pyongyang FIR. As a result, the FAA is prohibiting certain flight operations in the Pyongyang FIR. The FAA will consider authorizing U.S. flight operations east of 132 degrees east longitude following the review of applicable safety information received from the DPRK and an FAA determination that the proper level of safety for the overflights can be assured.