 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on February 13, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST 2004-17113

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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:  February 11, 2004

Relief requested:  Exemption from 49 U.S.C. section 40109(g) to permit
the applicant to operate two, one-way, cargo charter flights from
Honolulu, Hawaii, to Milwaukee, Wisconsin, through February 20, 2004,
using its AN-225 aircraft to transport eight rail cars (four per flight)
and ancillary equipment, on behalf of Air Partner PLC and Siemens
Automation.  The applicant stated that Siemens, due to unforeseen delays
in transportation of this cargo by ocean, now urgently needs lift to get
the cargo to the Chicago area for the National Manufacturing Week
display (starting February 23, 2004); that the cargo is too large for
transportation on U.S.-carrier aircraft; and that ocean transportation
is not feasible because 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:  February
13, 2004

Effective dates of authority granted:  February 13, 2004, through
February 20, 2004

Basis for approval:  We are granting Antonov Design Bureau’s request
to operate its two proposed one-way flights from Hawaii to Milwaukee,
through February 20, 2004.  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 cargo promptly, following unforeseen delays in shipment by
ocean, in order to get the cargo to the Chicago area for the
manufacturing display (starting February 23, 2004), the fact that the
cargo currently cannot be transported by ocean transportation because of
the long time period such movement would entail, 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 Air Partners and Siemens Automation.  Finally, we found that
the applicant was 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
comply with an FAA-approved flight routing for the authorized flight.

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

