 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 2, 2005

NOTICE OF ACTION TAKEN -- DOCKET OST 2005-20520

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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                              
            Date Filed:  March 2, 2005

Relief requested:  Exemption from 49 U.S.C. section 40109(g) to permit
the applicant to operate, on behalf of the Department of Defense, two,
one-way cargo charter flights, carrying helicopters from Ft. Drum
Wheeler-Sack Army Air Field, New York, to Alexandria International
Airport, Louisiana, during the period March 3-6, 2005, using its
AN-124-100 aircraft.  The applicant stated that the Department of
Defense currently does not have lift available to carry these
helicopters, urgently needs prompt shipment of the cargo to Louisiana to
meet the set schedule for training and operation missions, that the
cargo is too large for transportation on U.S.-carrier aircraft; and that
surface transportation is not feasible because of the nature of the
cargo and the urgent need for prompt delivery.

Applicant representative:  Glenn P. Wicks, 202-457-7790         DOT
analyst:  Allen F. Brown, 202-366-2405

Responsive pleadings:  Volga-Dnepr 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:  March 2, 2005

Effective dates of authority granted:  March 2, 2005, through March 6,
2005.

Basis for approval:  We are granting Volga-Dnepr’s request to operate
its proposed two, one-way flights from Ft. Drum Wheeler-Sack Army Air
Field, New York, to Alexandria International Airport, Louisiana, through
March 6, 2005.  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.  Specifically,
we were persuaded that the need to move the helicopters promptly in
order to meet the training and operation missions schedule, the fact
that the cargo could not be transported by surface transportation
because of its nature and the Department of Defense need for prompt
delivery, 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 operations at
issue here.  We also found that grant of this authority would prevent
unreasonable hardship to the Department of Defense.  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
must comply with FAA-approved flight routings 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

