UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on September 18 , 20 1 2



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 1 2

- 0156

_________________________________________ _______________________________________________________________________________________ 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 mat ter).

Applicant: VOLGA

- DNEPR J.S. CARGO AIRLINE (Volga

- Dnepr) Date Filed: September 17 , 2012

Relief requested:

(1) Exemption from the provisions of the Department’s Order 98

- 2

- 5 (Suspension of Cargo Air Operations Between
the United St ates and Sudan, Docket DOT

- OST

- 1998

- 3204 ); and

(2) Statement of authorization under 14 C.F.R. Part 212 of the Department’s regulations to permit Volga

- Dnepr to operate one, one

- way, all

- cargo charter flight, utilizing its AN

- 124

- 100 aircraft to transport diplomatic cargo from Washington, DC, to Tunis , Tunisia, and Khartoum, Sudan on or about September 19, 2012

- September 22, 2012

, on behalf of the U

. S . Department of State

.

The applicant states that the cargo to be transported consists of seven fully ar mored vehicles and physical security materials required to secure and protect U.S. Embassies in Tunis, Tunisia

, and Khartoum, Sudan. The applicant
further states the shipment requires urgen t movement due to an unfolding situation involving threats against those

E mbassies. In support of its request, the applicant provided a letter from the Director, Regional Logistics Division of
the U.S. Department of State (DOS) , emphasizing the need for the roll

- on/roll

- off capability of the AN

- 124 aircraft

, to minimize reliance on aircr aft ground handling equipment . The DOS letter also states that swift unimpeded offload of the equipment is critical to the lives and safety of its personnel.

Applicant representative: Colon Miller

, 832

- 585

- 8611 DOT anal yst: Brett D. Kruger , 202

- 366

- 8025

Responsive pleadings: On September 18, 2012, Kalitta Air, LLC (Kalitta) filed an answer to Volga

- Dnepr’s application

. Kalitta objects to the application to the extent that Volga

- Dnepr seeks a statement of authorizatio n to operate between Washington, D.C. and Tunis, Tunisia. 1 Kalitta states that the cargo in question is not unusually heavy or outsized, and that Kalitta has a B747

- 200 aircraft available to transport the cargo. While Kalitta does not
state that its B747

- 200 aircraft has roll

- on/roll

- off capability, Kalitta claims that its ground handler at Tunis is fully capable of unloading the cargo, that the ground handler has adequate security in place, and that it routinely handles U.S. Embassy passenger and cargo f lights at Tunis.

Volga

- Dnepr filed a reply stating that the DOS had solicited U.S. B

- 747 carriers to support movement of the cargo in question but determined that “the need to use additional and external loading and unloading equipment to support

B

- 747 a ircraft , complicated the ir situation , adding to delays in support, timeline increase for loading and offloading, additional coordination, and exposure on the ground in Tunisia and Sudan.” Volga

- Dnepr further emphasized the need demonstrated by the D OS f or expeditious offload of the cargo via the roll

- on/roll

- off capabilities of its AN

- 124. Volga

- Dnepr also states that it is capable of providing transportation for key DOS personnel to accompany the cargo.

Kalitta filed an additional responsive pleading es sentially reiterating its original arguments.

DISPOSITION

Action: Approved , subject to conditions (see Remarks below)

.

1 Kalitta has no objection with respect to Volga

- Dnepr’s request to operate to Khartoum, Sudan.Action date: September 18 , 201 2 2

Effective dates of authority granted: September 19 , 201 2 , through September 2 2 , 2012

.
Special conditions/Remarks: Having weighed all of the arguments presented, we have decided to grant Volga

- Dnepr’s
request. W e find compelling the DOS statement that the need to quickly offload the cargo using the roll

- on/roll

- off capabilities of the AN

- 124 is “ critical to the lives and safety of our personnel

. ” We therefore find, taking into account the entire record before us, that the public interest favors grant of Volga

- Dnepr’s request.

Except to the extent exempted/waived, this authority is subje ct to our standard exemption conditions (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 witho ut hearing at our discretion.

Basis for approval: Order 98

- 2

- 5, issued by the Department pursuant to Executive Order 13067 (published at 62 Fed. Reg. 59,989 (1997)), prohibits virtually all transactions involving transportation of cargo to/from Sudan, an d does not address exceptions set forth in the Executive Order. Executive Order 13067 and Executive Order 13412 (published at 71 Fed. Reg. 61,369 (2006)), provide exception s for official business of the Federal Government. Based on the record before us, and the provisions of Executive Order 13067, Executive Order 13412, and Order 98

- 2

- 5, we found that it is in the public interest to grant an exemption from Order 98

- 2

- 5, to the extent necessary to per mit the applicant to conduct the proposed operation.

Ac tion taken by: Paul L. Gretch, Director, Office of International Aviation

_________________________________________________________________________________________________________________________ Under authority assigned by the Department in its regula tions, 14 CFR Part 385, we found that (1) our action was consistent with Depar tment policy; (2) the applicant w as qualified to perform the proposed operations; (3) grant of the authority was consistent with the public interest; and (4) grant of the authori ty 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 i n 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 regulati ons, 14 CFR §385.30, may file their petitions within seven (7) days a fter 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: http://www.regulations.gov

2 The Department is acting on the application prior to the expiration of the 15

- day answer period with the consent of a ll parties
served.

### 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 authorizati on 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 appl icable 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, th e 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 Progra m 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 eq uivalent 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, co mply 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 cour t 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 fo r 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 sc heduled, 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) Co mply 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 Unit ed 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 4 9 of the U.S. Code.

12/2007