 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on November 19, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2004-19714

________________________________________________________________________
________________________________________________________

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					Date Filed:  November 18,
2004

Relief requested:

(1)  Exemption from the foreign air carrier permit and exemption
conditions of Order 98-2-5; and 

(2)  Statement of authorization under 14 CFR Part 212 of the Departments
rules to the extent necessary to permit Volga-Dnepr to operate one
one-way fifth-freedom cargo charter flight with AN-124 aircraft,
transporting outsized cargo from Huntsville, Alabama, to Khartoum,
Sudan, on behalf of ASB-Air Ltd.  The purpose of the flight is to
transport trucks and trailers to Sudan for use by the Department of
State.  The flight is scheduled to depart Huntsville November 20, 2004. 


In support of its request, Volga-Dnepr states that Order 98-2-5, issued
by the Department pursuant to Executive Order 13067 (published at 62
Fed. Reg. 59987-59990, November 5, 1997), strictly prohibits virtually
all transactions involving transportation of cargo to/from Sudan and
does not address exceptions in the Executive Order.  In that regard,
Volga-Dnepr notes that Section 3(a) of the Executive Order states that
nothing in the order shall prohibit “transactions for the conduct of
the official business of the Federal Government.”  Volga-Dnepr states
that it is Volga-Dnepr’s understanding that the shipment qualifies as
“official business of the Federal Government” and requests an
exemption from the conditions imposed in Order 98-2-5 to permit it to
transport the material to Sudan.

In addition, by letter dated November 18, 2004 and filed as part of
Volga-Dnepr’s exemption application, the Department of State has
represented to the Sudanese Civil Aviation Authority that the shipment
of vehicles and trailers is urgently needed in Sudan as part of the
State Department’s program for Humanitarian Assistance and
Reconstruction with the African Union Mission in Sudan.  The Department
of State has confirmed its support of our action here.  

Applicant representative:  Glenn P. Wicks (202) 457-7790

DOT Analyst:  Gordon H, Bingham (202) 366-2404

Responsive pleadings:  None filed (Volga-Dnepr served its application on
those U.S. carriers operating large all-cargo aircraft).  

DISPOSITION

Action:  Approved									Action date:  November 19, 2004

(We acted on this application without awaiting expiration of the 15-day
answer period with the consent of all parties served.)

Effective dates of authority granted:  November 19, 2004-November 24,
2004

Basis for approval:  Based on the record before us, we found that the
authority requested by Volga-Dnepr and the grant of Volga-Dnepr’s
request for an exemption was in the public interest.  In addition, we
also found that grant of Volga-Dnepr’s request for a statement of
authorization under 14 CFR Part 212 was in the public interest.  We also
found that reciprocity with the Russian Federation warranted approval of
its request to operate the subject flight.



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

We may amend, modify or revoke this authority at any time and without
hearing.

Action taken by:  Karan K. Bhatia	

		     Assistant Secretary of Aviation

		       and International Affairs	

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

  HYPERLINK "http://dms.dot.gov//reports/reports_aviation.asp" 
http://dms.dot.gov//reports/reports_aviation.asp 

Attachment

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security, including, but not limited to, 49 CFR Part 1546 or 1550, as
applicable.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its International Principal Security Inspector (IPSI) to advise
the IPSI of its plans and to find out whether the Transportation
Security Administration has determined that security is adequate to
allow such airport(s) to be served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

												05/2004

