 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on May 20, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-15159

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This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  VOLGA-DNEPR J.S. CARGO AIRLINE                              
                              Date Filed:  May 9, 2003

Relief requested:  Exemption from 49 U.S.C. section 40109(g) to permit
the applicant to operate one, one-way, cargo charter flight from
Dallas/Ft. Worth, TX, to New York, NY, on May 10, 2003, using its AN-124
aircraft to transport one Rolls Royce aircraft engine, on behalf of
Rolls Royce North America and American Airlines.  The applicant stated
that American Airlines needs urgent delivery of the engine in order to
meet aggressive schedules for repairing an American Airlines aircraft at
JFK; that the cargo is too large for transportation on U.S.-carrier
aircraft; and that surface transportation is not feasible because of the
delicate nature of the cargo and of the long time period that such mode
of transportation would take.

Applicant representative:  Glenn P. Wicks, 202-457-7790         DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  Volga-Dnepr served its application on those U.S.
carriers operating large all-cargo aircraft.  Each carrier indicated
that it did not have aircraft available to conduct the proposed
operations and that it had no comment or did not oppose grant of the
requested authority.

Statutory Standards:  Under 49 U.S.C. section 40109(g), we may authorize
a foreign air carrier to carry commercial traffic between U.S. points
(i.e., cabotage traffic) under limited circumstances.  Specifically, we
must find that the authority is required in the public interest; that
because of an emergency created by unusual circumstances not arising in
the normal course of business the traffic cannot be accommodated by U.S.
carriers holding certificates under 49 U.S.C. section 41102; that all
possible efforts have been made to place the traffic on U.S. carriers;
and that the transportation is necessary to avoid unreasonable hardship
to the traffic involved (an additional required finding, concerning
emergency transportation during labor disputes, was not relevant here). 
For examples of earlier grants of authority of this type, see, i.e.,
Order 2001-5-23.

                                                                        
        DISPOSITION

Action: Approved                                                        
                                               Action date:  May 9, 2003

Effective dates of authority granted:  May 9, 2003, through May 12, 2003

Basis for approval:  On May 9, 2003, we granted Volga-Dnepr’s request
to operate its proposed flight from Dallas/Ft. Worth to New York, and
confirm that action here.  In taking our action of grant, we found that
Volga-Dnepr’s request met all the relevant criteria of 49 U.S.C.
section 40109(g) for the grant of an exemption of this type and that the
grant was required in the public interest.  Specifically, we were
persuaded that the need to move the cargo promptly in order to meet
urgent American Airlines’ repair schedules, the fact that the cargo
could not be transported by surface transportation because of its
delicate nature and the long time period such movement would have
entailed, the potential negative impact of delivery delay; and the
unique, outsized nature of the cargo, constituted an emergency not
arising in the normal course of business.  Moreover, based on the
representations of the U.S. carriers, we concluded that no U.S. carrier
had aircraft available that could be used to conduct the operation at
issue here.  We also found that grant of this authority would prevent
unreasonable hardship to the cargo, Rolls Royce North America, and
American Airlines.  Finally, we found that the applicant was qualified
to perform its proposed operation (see, e.g., Notice of Action Taken
dated August 26, 2002, in Docket OST-96-1454).

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions and to the condition that the applicant
comply with an FAA-approved flight routing for the authorized flight.

Action taken by:      Read C. Van de Water

                                  Assistant Secretary for Aviation

                                     and International Affairs	

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

