 

	

	                    UNITED STATES OF AMERICA

	             DEPARTMENT OF TRANSPORTATION

	                      OFFICE OF THE SECRETARY

	                                WASHINGTON, D.C.

 

Issued by the Department of Transportation on January 21, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-16935

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).

Application of Kalitta Air, L.L.C., filed January 20, 2004

Relief requested:  Emergency exemption from the provisions of Department
Order 86-2-23, which, pursuant to Executive Order 12543, prohibits
transactions involving air transportation to and from Libya.  Kalitta
Air sought this exemption to permit it to operate one round-trip flight
between Washington, D.C., and Tripoli, Libya, during the period January
19-20, 2004, under a contract with the Department of State.  

Kalitta Air accompanied its application with a copy of a January 13,
2004, license issued by the Office of Foreign Assets Control (OFAC),
Department of the Treasury, granting the requisite Treasury
authorization for the proposed operation.  Kalitta Air also attached a
copy of a January 16, 2004, letter from the Assistant Secretary of State
for Nonproliferation, stating that “The Department of State requires
the services of Kalitta Air in furtherance of national security
objectives.  The use of Kalitta Air will help support the Libyan
commitment to eliminate its WMD program ….”

Based on the advice of the Department of State, and the license issued
by OFAC, we found that the exemption from the provisions of Order
86-2-23 sought by Kalitta Air was consistent with the public interest,
and we orally granted the carrier the requested relief on January 16,
2004.  We confirm that action here.

Applicant rep:   Mark W. Atwood (202) 463-2513  DOT Analyst:  George
Wellington (202) 366-2391

D I S P O S I T I O N

XX  Granted, subject to conditions (See below).

The action above was effective when taken:  January 16, 2004, through
January 20, 2004

Action taken by:	SUSAN MCDERMOTT

Deputy Assistant Secretary for Aviation

			   and International Affairs	

________________________________________________________________________
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Remarks:  We found, in the circumstances presented and based on the
information before us, that the requested limited exemption from Order
86-2-23, subject to the conditions we were imposing, was consistent with
the public interest.



2

Conditions:  In orally granting this emergency exemption, we reminded
Kalitta Air that this authority was not alone sufficient to allow it to
conduct the operation at issue here.  Kalitta Air was also subject to
all other applicable U.S. Government requirements, including the
requirement to secure all needed clearances from any other concerned
U.S. Government agencies.  In particular, we required that, before
conducting the authorized operation, Kalitta Air must:

Hold the requisite license issued by OFAC for this operation;

Hold a valid contract with the Department of State for this operation;

Hold requisite operations specifications for this operation from the
Federal Aviation Administration (FAA); and

Hold all requisite clearances for this operation from the Transportation
Security Administration (TSA).

We confirm these conditions here.

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___________________

To the extent not granted, we denied all requests in the referenced
Docket.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

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

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

  This application confirmed Kalitta Air’s oral request of January 16,
2004, for the authority at issue here.

  51 Fed. Reg. 875, January 9, 1986.  See also 69 Fed. Reg. 847, January
5, 2004.

 We received confirmation from an OFAC licensing official that the
license OFAC had issued would cover this proposed transportation.

  Copies of these documents are attached to Kalitta Air’s application
in this Docket.

