 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on January 14, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2003-16803

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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                              
   Amendment Filed:  January 12, 2004

Relief requested:  Amend exemption from 49 U.S.C. section 40109(g),
granted December 31, 2003, and effective through January 11, 2004,
permitting the applicant to operate a one-way, cargo charter flight from
Philadelphia to Moffet Field, using its AN-124-100 aircraft, carrying a
Lockheed Martin Space Systems satellite, to extend the effectiveness of
that authority through January 16, 2004.  The applicant stated that
Lockheed Martin needed to extend the carriage date beyond January 11 due
to a production delay.

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

Responsive pleadings:  Volga-Dnepr had served its initial 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).

                                                                        
        DISPOSITION

Action: Approved                                                        
                                             Action date:  January 14,
2004

Effective dates of authority granted:  January 14, 2004, through January
16, 2004

Basis for approval:  On December 31, 2003, we granted (see NOAT issued
on that date in this Docket) Volga-Dnepr’s request to operate its
proposed one-way flights from Philadelphia to Moffet Field, through
January 11, 2004.  In taking that action, we found that its 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.  Volga-Dnepr asserts that Lockheed needed to extend the
shipping date through January 16, 2004, because of a production delay. 
Under the circumstances, we also find that this request to extend the
duration of the authority meets all the relevant statutory criteria
warranting grant.  Thus, we are granting Volga-Dnepr’s request to
conduct this one flight through January 16, 2004. Moreover, based on the
representations of the U.S. carriers, we continue to conclude that no
U.S. carrier has 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 Lockheed Martin Space Systems,
and that the applicant remains qualified to perform its proposed
operation.

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

Action taken by:        Karan K. Bhatia

                                  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

