UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on February 11, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST 2005-20368

________________________________________________________________________
________________________________________________________

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 AIRLINES (Volga-Dnepr)				Date Filed:  February
9, 2005

Relief requested:

1)  Exemption from the foreign air carrier permit and exemption
conditions of Order 98-2-5 (Suspension of Cargo Air Operations between
the United States and Sudan); and

2)  Statement of authorization under 14 C.F.R. Part 212 of the
Department’s rules to the extent necessary to permit Volga-Dnepr to
operate one one-way fifth-freedom cargo charter flight with AN-124
aircraft from Huntsville, Alabama, to Khartoum, Sudan, on behalf of the
Department of State contractor ASB-AIR, Inc.  The purpose of the flight
is to transport machinery, cargo trucks, and wreckers, including
outsized pieces, to Sudan for delivery to the African Union Cease Fire
Commission Liaison Office within the framework of the State
Department’s program for Humanitarian Assistance and Reconstruction. 
The flight is to operate on or about February 11, 2005 – February 14,
2005.

Order 98-2-5, issued by the Department pursuant to Executive Order 13067
(published at Fed. Reg. 59987-59990, November 5, 1997), strictly
prohibits virtually all transactions involving transportation of cargo
to/from Sudan, and does not address exceptions set forth in the
Executive Order.  Executive Order 13067 § 3(a), however, specifically
provides an exception for transactions for the conduct of the official
business of the Federal Government.  Volga-Dnepr asserts that it
understands that the subject shipment qualifies as “official business
of the Federal Government,” and requests an exemption from the
provisions of Order 98-2-5 in order to permit this flight to Sudan.   
In support of its application, Volga-Dnepr submitted a copy of the
authority issued to the Department of State, African Affairs Bureau, by
the Department of Treasury, permitting it to conduct humanitarian or
economic support activities, such as the type at issue here, in Sudan. 
In addition, by letter dated February 10, 2005, and filed as a
supplement to Volga-Dnepr’s exemption application, the Department of
State has represented to the Sudanese Civil Aviation Authority that the
shipment of vehicles and trailers constitutes a relief flight, and is
not intended for military use or purposes.

Applicant representative: Glenn P. Wicks, 202-457-7790        			DOT
analyst: Brian J. Hedberg, 202-366-7783

Responsive pleadings:  None filed. 

                                                                        
        DISPOSITION

Action: Approved                                                        
                                          		Action date:  January 26,
2005

(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:  January 26, 2005 through January
30, 2005

Basis for approval: Based on the record before us, we found that the
exemption from Order 98-2-5 requested by the applicant, and the
statement of authorization under 14 C.F.R. Part 212, are in the public
interest.  We also found that reciprocity with the Russian Federation
warranted approval of Volga-Dnepr’s request to operate the subject
flight.

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

Action taken by:	Paul L. Gretch, Director	

		      Office of International Aviation	

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) the applicant was qualified to perform its proposed
operations; (3) grant of the authority was consistent with the public
interest; and (4) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975. 
To the extent not granted/deferred/dismissed, 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.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 

14 CFR § 385.30, may file their petitions within seven (7) days after
the date of issuance of this Notice.  This action was effective when
taken, and the filing of a petition for review will not alter such
effectiveness.

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 

FOREIGN CARRIER EXEMPTION CONDITIONS                                    
                              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

 

