 

	DOCKET OST 2000-8197

This serves as interim notice to the public of the action described
below, taken orally by the Department official indicated; the confirming
order or other decision document will be issued as soon as possible.

Applicant:  Volga-Dnepr J.S. Cargo Airline				Date Filed: October 25,
2000 as 

										    amended November 15, 2000

Relief requested:  Amend exemption, granted November 1, 2000, from 49
U.S.C. 40109(g) to change the dates of operation from November 6-7, 2000
to November 20-21, 2000, of a one one-way emergency cabotage cargo
flight between North Island N.A.S., CA, and Denver, CO, using AN-124
aircraft, to transport an oversized launch vehicle and associated
equipment on behalf of Lockheed Martin.  In its initial request, the
applicant stated that Lockheed Martin required urgent delivery to meet
schedule constraints that include final integration activities and
preparation for subsequent launch processing; that the cargo is too
large for transportation on U.S. carrier aircraft; and that surface
transportation is not feasible because of the time involved, the adverse
effect a long road trip could have on the vehicle, and the vehicle’s
size.

Applicant representative: Glenn Wicks, (202) 457-7790

Responsive pleadings: The applicant served its request for amendment of
its exemption on those U.S. carriers operating large all-cargo aircraft,
and, at the Department’s request, polled those carriers to obtain
their views.  Each carrier indicated that it did not have aircraft
available to conduct the proposed operation, and that it had no comment
or did not oppose grant of the requested authority.

	DISPOSITION

Action:  Approved					Action date:  November 17, 2000

Effective dates of authority granted: November 20-21, 2000

Basis for approval:  We found that our action was consistent with all
the relevant criteria of 49 U.S.C. 40109(g) for the grant of an
exemption of this type, and that the grant of this amended authority was
required in the public interest.  Moreover, based on the representations
of the U.S. carriers, we concluded that no U.S. carrier had aircraft
available which could be used to conduct the operation at issue here. 
We also found that grant of this amended authority would prevent
unreasonable hardship to the charterer.

Except to the extent exempted/waived, this authority is subject to the
attached terms, conditions, and limitations.

Special conditions/Partial grant/Denial basis/Remarks:  The applicant
shall comply with an FAA-approved flight routing for the authorized
flight.

Action taken by:

	FRANCISCO J. SANCHEZ	

	Assistant Secretary for Aviation

	  and International Affairs

												        Appendix A

FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY

In the conduct of the operations authorized, the holder shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are:

   (a)  based on its operations in international air transportation
that, according to the contract of carriage, include a point in the
United States as a point of origin, point of destination, or agreed
stopping place, or for which the contract of carriage was purchased in
the United States; or

   (b)  based on a claim under any international agreement or treaty
cognizable in any court or other tribunal of the United States.

In this condition, the term "international air transportation" means
"international transportation" as defined by the Warsaw Convention,
except that all States shall be considered to be High Contracting
Parties for the purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable bilateral agreement, comply with the Department's
rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code (formerly the
Federal Aviation Act of 1958, as amended).



 											

U.S. Department of Transportation	

Office of the Secretary of Transportation									        (41301/40109)
9/98

    NOTICE OF ACTION TAKEN

