### UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on September 21 , 20 10



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 10

- 0236

__________________________________________ ______________________________________________________________________________________ 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 matt er).

Applicant: VOLGA

- DNEPR J. S. CARGO AIRLINE ( Volga

- Dnepr) Date Filed: September 20 , 20 10

Relief requested: Exemption from 49 USC § 40109(g) to permit the applicant to operate one
, one

- way , all

- cargo charter flight

, using its AN

- 124

- 100 airc raft, carrying outsized cargo on behalf of the U.S. TRANSCOM

, from Tinker AFB, Oklahoma

, to Anchorage, Alaska and Wainwright Army Air Field (AAF), Alaska

, during the period of September 23

- September 24 , 20 10

. The applicant states that the flight would car ry U.S. MRAP egress trainers and associated equipment

. The applicant asserts that U.S.

TRANSCOM needs the subject lift to complete the required equipment placement ; that the U.S. TRANSCOM organic lift scheduled to transport the cargo was diverted to other areas; that U.S. carriers did not have the required availability to meet the required movement timeline ; and that surface transportation is not feasible because of the nature of the cargo and the urgency of the shipment.

Applicant representative: Colo n Miller

, 832

- 585

- 8611 DOT analyst: Brett D. Kruger , 202

- 366

- 8025

Responsive pleadings: Volg a

- 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 USC § 40109(g), we may authorize a foreign air carrier to carry commercial traffic between U.S.

po ints ( 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 tra ffic cannot be accommodated by U.S. carriers holding certificates under 49 USC § 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 i nvolved (an additional required finding, concerning emergency transportation during labor disputes, was not relevant here).

DISPOSITION Action: Approved

. Action date: September 21 , 20 10

Effect ive dates of authority granted: September 23

- September 24 , 20 10

.

Basis for approval: We are granting Volga

- Dnepr’s request to operat e the proposed one

- way flight (described above), on behalf of

U.S. TRANSCOM

. We found that its request met all the relevant criteria of 49 USC § 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 car go to
ensure the smooth placement of equipment without disruption to operational missions; the fact that the U.S. TRANSCOM organic lift scheduled to transport the cargo was diverted to other areas ; and the unique, outsized nature of the cargo, constituted an

emergen cy 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 gr ant of this authority would prevent unreasonable hardship to U.S. TRANSCOM . 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 standa rd exemption condition s (attached) and to the condition that the applicant must comply with an FAA

- approved flight routing for the authorized operation. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Action taken by: Susan L. Kurland Assistant Secretary for Aviation

and International Affairs

An electronic version of this document is available on the World Wide Web at: http:// www.regulations.gov

### Foreign Carrier Exemption Conditions

In the con duct 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 De partment;

(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 Part s 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 airpor t that would be the holder’s last point of departure for the United States, contact its International Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise the IIR 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, insuran ce 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 compet ency 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 lim its 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 w hich 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 transport ation" 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, origin ate 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 othe rwise 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 compl iance 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.

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