 

	

	                  UNITED STATES OF AMERICA

	           DEPARTMENT OF TRANSPORTATION

	                   OFFICE OF THE SECRETARY

	                           WASHINGTON, D.C.

 

Issued by the Department of Transportation on January 3, 2007

NOTICE OF ACTION TAKEN -- DOCKET OST 2006-26749

________________________________________________________________________
__________________________________________________________

This serves as notice to the public of the action described below, taken
orally by the Department official indicated (no additional confirming
order will be issued in this matter).

Applicant:  Antonov Design Bureau (Antonov)					Date Filed: December 22,
2006

Relief requested:  Exemption from 49 U.S.C. 40109(g) to permit the
applicant to operate up to two, one-way, all-cargo charter flights from
Columbus, Ohio, to Boeing Field, Washington, during the period January
3-17, 2007, using its AN-124 aircraft to transport up to four GE 90-115
aircraft engines and ancillary equipment, on behalf of General Electric
Aircraft Engines (GEAE).  The applicant stated that the shipper urgently
requires delivery of the engines for installation on new Boeing B-777
aircraft being produced by the Boeing Commercial Airplane Company; that
the cargo is too large for transportation on U.S. carrier aircraft; and
that surface transportation is not feasible because of the long time
period that such mode of transportation would take.

Applicant representative: Sheryl Israel, (202) 637-8898	        DOT
Analyst: Robert Finamore, (202) 366-2405

Responsive pleadings:  The applicant 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 operations, and that it had no comment or did not oppose grant
of the requested authority.

Statutory Standards:  Under 49 U.S.C. §40109(g), we may authorize a
foreign air carrier to transport commercial traffic between U.S. points
(i.e., cabotage traffic) only under limited circumstances. 
Specifically, we must find that the authority is in the public interest;
that because of an emergency created by unusual circumstances not
arising in the normal course of business, U.S. air carriers holding
certificates under 49 U.S.C. §41102 cannot accommodate the traffic
involved; that all possible efforts have been made to accommodate the
traffic by using the resources of U.S. carriers; and that the authority
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:  January 3, 2007

Effective dates of authority granted:  January 3, 2007, through January
17, 2007

Basis for approval:  We found that our action was consistent with all
the relevant criteria of 49 U.S.C. 40109(g) for the grant of an
exemption of this type, and that the grant of this authority was
required in the public interest.  Specifically, we were persuaded that
the need to deliver the engines promptly in order to meet the urgent
delivery and installation schedules of GEAE and Boeing; the fact that
the cargo could not be transported by surface means because of the long
time period such movement would take; 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 which could be used to conduct the
operations at issue here.  We also found that grant of this authority
would prevent unreasonable hardship to GEAE and Boeing.  Finally, we
found that the applicant was qualified to perform its proposed
operations.

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions (attached).

Action taken by:				     Andrew B. Steinberg

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

Foreign Carrier Exemption Conditions

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, the Transportation Security Administration, and with all
applicable U.S. Government requirements concerning security, including,
but not limited to, 14 CFR Parts 129, 91, and 36 and 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.

11/2006

