UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on May 7, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0122

________________________________________________________________________________________________________________________________

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 (Volga-Dnepr) Date Filed: May 7, 2010, as amended

Relief requested: Exemption from 49 USC § 40109(g) to permit the applicant to operate one, one-way, all-cargo charter flight,

using its IL-76 aircraft, carrying cargo on behalf of BP America Production Company (BP), between Anchorage, Alaska, and New

Orleans, Louisiana, on or around May 9-10, 2010. The applicant states that the flight will transport multiple 20-ft. containers

consisting of oil spill recovery equipment. The applicant asserts that the flight is necessary to support oil well leak containment

efforts on the Gulf Coast of Louisiana and that no U.S. carrier has aircraft available to transport the cargo in the required time

frame.

Applicant representative: Colon Miller, 832-585-8611 DOT analyst: Robert J. Finamore, 202-366-2405

Responsive pleadings: Volga-Dnepr served its application on those U.S. carriers operating 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.

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 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 involved (an

additional required finding, concerning emergency transportation during labor disputes, was not relevant here).

DISPOSITION

Action: Approved. Action date: May 7, 2010

Effective dates of authority granted: May 9-10, 2010.

Basis for approval: We are granting Volga-Dnepr’s request to operate the proposed one-way flight (described above), on behalf of

BP. 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 cargo promptly in order to

assist in oil well leak containment efforts on the Gulf Coast of Louisiana 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 operation at issue here. We also found that grant of this authority would prevent unreasonable

hardship to BP. 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 (attached) and to the condition

that the applicant must comply with FAA-approved flight routings 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 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 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, 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.

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