 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on August 21, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-15974

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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:  ANTONOV DESIGN BUREAU                                       
                          Date Filed:  August 15, 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, Texas, to Miami, Florida, during the period August
16-18, 2003, using its AN-124 aircraft to transport one Rolls Royce
engine, on behalf of Rolls Royce and American Airlines.  The applicant
stated that American Airlines needed urgent delivery of the engine as
soon as possible for repairing an American Airlines B-777 aircraft at
Miami, to minimize disruptions to certain of American’s scheduled
passenger services; that the cargo is too large for transportation on
U.S.-carrier aircraft; and that surface transportation is not feasible
because of the large size of the cargo and of the long time period that
such mode of transportation would take.

Applicant representative:  Robert E. Cohn, 202-663-8060              DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  Antonov Design Bureau 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 operation 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).

                                                                        
        DISPOSITION

Action: Approved                                                        
                                               Action date:  August 15,
2003

Effective dates of authority granted:  August 15, 2003, through August
20, 2003

Basis for approval:  On the evening of August 15, 2003, we granted
Antonov Design Bureau’s request to operate its proposed flight from
Dallas/Ft. Worth to Miami, and confirm that action here.  In taking our
action of grant, we found that Antonov Design Bureau’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
engine promptly in order to meet urgent American Airlines’ repair
schedules, the fact that the cargo could not be transported by surface
transportation because of 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, under the circumstances, grant of this
authority would prevent unreasonable hardship to Rolls Royce and
American Airlines.  Finally, we found that the applicant was qualified
to perform its proposed operation (see, e.g., Notice of Action Taken
issued May 15, 2003, in Docket OST 2003-14889).

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:      Michael W. Reynolds

                                  Acting 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

