As summarized in our prior post, on March 2, 2022, the US Department of Transportation (USDOT) and Federal Aviation Administration (FAA) issued prohibitions on Russian flight operations in US airspace.
On March 2, 2022, the FAA issued a Notice to Air Missions (NOTAM) that prohibited Russian airlines and operators from using US airspace. On March 10, 2022, the FAA issued a revised NOTAM (2/2415) to clarify applicability. The new NOTAM revised the language regarding prohibited persons from “a person who is a citizen of the Russian Federation” to “a Russian person or entity identified by the International Trade Administration’s Consolidated Screening List” (ITA CSL).
The NOTAM contains exceptions for aircraft engaged in humanitarian or search-and-rescue operations specifically authorized by the FAA, state aircraft operations granted a diplomatic clearance by the US Department of State, and aircraft experiencing in-flight emergencies. The March 2, 2022 USDOT Notice and Order similarly contained provisions for operators to request permission for non-revenue ferry, humanitarian, and/or search-and-rescue operations, which will be considered by USDOT on a case-by-case basis.
The far-reaching USDOT and FAA restrictions apply broadly to both commercial and non-commercial operations by any aircraft with a nexus to Russia (i.e. aircraft owned, registered, operated by, leased, or controlled by, for, or for the benefit of a Russian person or entity identified by the ITA CSL).
