 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on January 15, 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                        
Second Amendment Filed:  January 14, 2004

Relief requested:  Amend exemption from 49 U.S.C. section 40109(g),
granted December 31, 2003, and amended January 14, 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 20, 2004.  The applicant stated that Lockheed
Martin needed to extend the carriage date 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 and, in addition,
served its second amendment on those same carriers.  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 15,
2004

Effective dates of authority granted:  January 15, 2004, through January
20, 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.  On January 15, 2004, we granted (see NOAT issued on that date
in this Docket) Volga-Dnepr’s request to operate that flight through
January 16, 2004.  In its second amendment (filed January 14, 2004),
Volga-Dnepr asserts that Lockheed needs to extend the shipping date
through January 20, 2004, because of the production delay.  Under the
circumstances, we again find that this request to extend again the
duration of the authority continues to meet all the relevant statutory
criteria warranting grant.  Thus, we are granting Volga-Dnepr’s
request to conduct this one flight through January 20, 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, as extended, would prevent unreasonable hardship to
Lockheed Martin Space Systems, and that the applicant continues to be
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

