[Federal Register Volume 79, Number 168 (Friday, August 29, 2014)]
[Rules and Regulations]
[Pages 51497-51500]
[FR Doc No: 2014-20647]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 271

[FRL-9915-97-Region-6; EPA-R06-RCRA-2013-0785]

Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revision

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: Oklahoma Department of Environmental Quality (ODEQ) has
applied to the Environmental Protection Agency (EPA) for Final
authorization of the changes to its hazardous waste program under the
Resource Conservation and Recovery Act (RCRA). EPA has determined that
these changes satisfy all requirements needed to qualify for Final
authorization, and is authorizing the State's changes through this
immediate final action. The EPA is publishing this rule to authorize
the changes without a prior proposal because we believe this action is
not controversial and do not expect comments that oppose it. Unless we
receive written comments which oppose this authorization during the
comment period, the decision to authorize Oklahoma's changes to its
hazardous waste program will take effect. If we receive comments that
oppose this action, we will publish a document in the Federal Register
withdrawing this rule before it takes effect, and a separate document
in the proposed rules section of this Federal Register will serve as a
proposal to authorize the changes.

DATES: This final authorization will become effective on October 28,
2014 unless the EPA receives adverse written comment by September 29,
2014. If the EPA receives such comment, it will publish a timely
withdrawal of this immediate final rule in the Federal Register and
inform the public that this authorization will not take effect.

ADDRESSES: Submit your comments by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow
the on-line instructions for submitting comments.
    2. Email<EMAIL_ADDRESS>    3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
    4. Hand Delivery or Courier. Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
    Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or email. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to the EPA without going through regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
    You can view and copy Oklahoma's application and associated
publicly

available materials from 8:30 a.m. to 4 p.m. Monday through Friday at
the following locations: Oklahoma Department of Environmental Quality,
707 North Robinson, Oklahoma City, Oklahoma 73101-1677,<PHONE_NUMBER>
and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733, phone
number<PHONE_NUMBER>. Interested persons wanting to examine these
documents should make an appointment with the office at least two weeks
in advance.

FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6, Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division,<PHONE_NUMBER>, EPA Region
6 1445 Ross Avenue, Dallas, Texas 75202-2733, and Email address
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

A. Why are revisions to State programs necessary?

    States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.

B. What decisions have we made in this rule?

    We conclude that Oklahoma's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Oklahoma Final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Oklahoma has responsibility for
permitting treatment, storage, and disposal facilities within its
borders. Also section 10211(a) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act of 2005 (``SAFETEA''), Public Law
109-59, 119 Statute 1144 (August 10, 2005) provides the State of
Oklahoma opportunity to request approval from EPA to administer RCRA
subtitle C in Indian Country and for carrying out the aspects of the
RCRA program described in its revised program application, subject to
the limitations of the Hazardous and Solid Waste Amendments of 1984
(HSWA). The State of Oklahoma did not apply for authorization to
administer Indian Country in this authorization document. New Federal
requirements and prohibitions imposed by Federal regulations that the
EPA promulgates under the authority of HSWA take effect in authorized
States before they are authorized for the requirements. Thus, the EPA
will implement those requirements and prohibition in Oklahoma including
issuing permits, until the State is granted authorization to do so.

C. What is the effect of today's authorization decision?

    The effect of this decision is that a facility in Oklahoma subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Oklahoma has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
     Do inspections, and require monitoring, tests, analyses,
or reports;
     Enforce RCRA requirements and suspend or revoke permits
and
     take enforcement actions after notice to and consultation
with the State.
    This action does not impose additional requirements on the
regulated community because the regulations for which Oklahoma is being
authorized by today's action is already effective under State law, and
are not changed by today's action.

D. Why wasn't there a proposed rule before today's rule?

    The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.

E. What happens if the EPA receives comments that oppose this action?

    If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. The EPA will base any
further decision on the authorization of the State program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time. If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified in this document. The
Federal Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.

F. For what has Oklahoma previously been authorized?

    Oklahoma initially received final Authorization on January 10,
1985, (49 FR 50362-50363) published December 27, 1984 to implement its
base hazardous waste management program. We authorized the following
revisions: Oklahoma received authorization for revisions to its program
with publication dates: April 17, 1990 (55 FR 14280-14282), effective
June 18, 1990; September 26, 1990 (55 FR 39274) effective November 27,
1990; April 2, 1991 (56 FR 13411-13413) effective June 3, 1991;
September 20, 1991 (56 FR 47675-47677) effective November 19, 1991;
September 29, 1993 (58 FR 50854-50856) effective November 29, 1993;
October 12, 1993 (58 FR 52679-52682) effective December 13, 1993;
October 7, 1994 (59 FR 51116-51122) effective December 21, 1994;
January 11, 1995 (60 FR 2699-2702) effective April 27, 1995; October 9,
1996 (61 FR 52884-52886) effective December 23, 1996; Technical
Correction March 14, 1997 (62 FR 12100-12101) effective March 14, 1997;
September 22, 1998 (63 FR 50528-50531) effective November 23, 1998;
March 29, 2000 (65 FR 16528-16532) effective May 30, 2000; May 10, 2000
(65 FR 29981-29985) effective June 10, 2000; January 2, 2001 (66 FR 28-
33) effective March 5, 2001; April 9, 2003 (68 FR 17308-17311)
effective June 9, 2003 and February 4, 2009 (74 FR 5994-6001); (66 FR
18927-18930) effective June 6, 2011, March 15, 2012 (77 FR 15273-15276)
effective May 14, 2012 and effective July 29, 2013, May 29, 2013 (78 FR
32161-32165). The authorized Oklahoma RCRA program was incorporated by
reference into the CFR published on December 9, 1998 (63 FR 67800-
67834) effective February 8, 1999, August 26, 1999 (64 FR 46567-

46571) effective October 25, 1999, August 27, 2003 (68 FR 51488-51492)
effective October 27, 2003, August 27, 2010 (75 FR 36546) June 28,
2010, May 17, 2012 (77 FR 29231-29235) effective July 16, 2012 and May
29, 2013 (78 FR 32161-32165) effective July 29, 2013. On June 28, 2013,
Oklahoma submitted a final complete program revision application
seeking authorization of its program revision in accordance with 40 CFR
271.21.
    The Oklahoma Hazardous Waste Management Act (``OHWMA'') provides
the ODEQ with the authority to administer the State Program, including
the statutory and regulatory provisions necessary to administer the
provisions of RCRA Cluster XXII, and designates the ODEQ as the State
agency to cooperate and share information with EPA for purpose of
hazardous waste regulation. The Oklahoma Environmental Quality Code
(``Code''), at 27 A O.S. Section 2-7-101 et seq. establishes the
statutory authority to administer the Hazardous waste management
program under Subtitle C. The State regulations to manage the Hazardous
waste management program is at Oklahoma Administrative Code (OAC) Title
252 Chapter 205.
    The DEQ adopted applicable Federal hazardous waste regulations as
amended through July 1, 2011 which became effective July 1, 2013. The
provisions for which the State of Oklahoma is seeking authorization are
documented in the Regulatory Documentation For Federal Provisions For
Which The State Of Oklahoma Is Seeking Authorization, Federal Final
Rules Published Between July 1, 2011 through June 30, 2012 RCRA Cluster
XXII prepared on June 24, 2013.
    The DEQ incorporates the Federal regulations by reference and there
have been no changes in State or Federal laws or regulations that have
diminished the DEQ's ability to adopt the Federal regulations by
reference as set forth in the authorizations at 77 FR 22229 through
22232 effective May 14, 2012 for RCRA Cluster XXII. The Federal
Hazardous waste regulations are adopted by reference by the DEQ at OAC
252:205, Subchapter 3. The DEQ does not adopt Federal regulations
prospectively.
    The State Oklahoma Hazardous waste program has in place the
statutory authority and regulations for all required components of
Hazardous Waste Technical Corrections and Clarification rule (Checklist
228) in RCRA Cluster XXII. These statutory and regulatory provisions
were developed to ensure the State program is equivalent to, consistent
with and no less stringent than the Federal Hazardous waste management
program.
    The Environmental Quality Act, at 27A O.S. Section 1-3-101(E),
grants the Oklahoma Corporation Commission (``OCC'') authority to
regulate certain aspects of the oil and gas production and
transportation industry in Oklahoma, including certain wastes generated
by pipelines, bulk fuel sales terminals and certain tank farms, as well
as underground storage tanks. To clarify areas of environmental
jurisdiction, the ODEQ and OCC developed an ODEQ/OCC Jurisdictional
Guidance Document to identify respective areas of jurisdiction. The
current ODEQ/OCC Jurisdictional Guidance Document was amended and
signed on January 27, 1999. The revisions to the State Program
necessary to administer Cluster XXII will not affect the jurisdictional
authorities of the ODEQ or OCC.
    The ODEQ adopted RCRA Cluster XXII applicable federal hazardous
waste regulations as amended through July 1, 2012 and became effective
on July 1, 2013. The rules were also codified at OAC 252:205 et seq.,
Subchapter 3.
    Pursuant to OAC 252:205-3-1, the State's incorporation of Federal
regulations does not incorporate prospectively future changes to the
incorporated sections of the 40 CFR, and no other Oklahoma law or
regulation reduces the scope of coverage or otherwise affects the
authority provided by these incorporated-by-reference provisions.
Further, Oklahoma interprets these incorporated provisions to provide
identical authority to the Federal provisions. Thus, OAC Title 252,
Chapter 205 provides equivalent and no less stringent authority than
the Federal Subtitle C program in effect July 1, 2012. The State of
Oklahoma incorporates by reference the provisions of 40 Code of Federal
Regulations (CFR) parts 124 of 40 CFR that are required by 40 CFR
271.14 (with the addition of 40 CFR 124.19(a) through (c), 124.19(e),
124.31, 124.32, 124.33 and subpart G); 40 CFR parts 260-268 [with the
exception of 260.21, 262 subparts E and H, 264.1(f), 264.1(g)(12),
264.149, 264.150, 264.301(1), 264.1030(d), 264.1050(g), 264.1080(e),
264.1080(f), 264.1080(g), 265.1(c)(4), 265.1(g)12), 265.149, 265.150,
265.1030(c), 265.1050(f) 265.1080(e), 265.1080(f), 265.1080(g), 268.5,
268.6, 268.13, 268.42(b), and 268.44(a) through (g)]; 40 CFR part 270
[with the exception of 270.1(c)(2)(ix and 270.14(b)(18)]; 40 CFR part
273; and 40 CFR part 279.
    The DEQ is the lead Department to cooperate and share information
with the EPA for purpose of hazardous waste regulation.
    Pursuant to 27A O.S. Section 2-7-104, the Executive Director has
created the Land Protection Division (LPD) to be responsible for
implementing the State Program. The LPD is staffed with personnel that
have the technical background and expertise to effectively implement
the provisions of the State program subtitle C Hazardous waste
management program.

G. What changes are we approving In today's action?

    On June 28, 2013, the State of Oklahoma submitted final complete
program applications, seeking authorization of their changes in
accordance with 40 CFR 271.21. We now make an immediate final decision,
subject to receipt of written comments that oppose this action that the
State of Oklahoma's hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization. The
State of Oklahoma revisions consist of regulations which specifically
govern Federal Hazardous waste revisions promulgated between July 1,
2011 through June 30, 2012 which is in (RCRA Cluster XXII). Oklahoma
requirements are included in a chart with this document.

------------------------------------------------------------------------
                                 Federal Register
    Description of Federal        date and page
requirement (include checklist     (and/or RCRA       Analogous state
    , if relevant)         statutory            authority
                                    authority
------------------------------------------------------------------------
1. Hazardous Waste Technical    77 FR 22229-       Oklahoma Statutes
 Corrections and                 22232, May 14,     Title 27A Section 2-
 Clarifications. (Checklist      2012.              7-101 et seq.,
 228).                                              Oklahoma Hazardous
                                                    Waste Management
                                                    Act, as amended
                                                    effective July 1,
                                                    2013; Oklahoma
                                                    Administrative Code,
                                                    Title 252, Chapter
                                                    205, as amended
                                                    effective July 1,
                                                    2013.
------------------------------------------------------------------------

H. Where are the revised State rules different from the Federal rules?

    There are no State requirements that are more stringent or broader
in scope than the Federal requirements.

I. Who handles permits after the authorization takes effect?

    Oklahoma will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. The EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits for the provisions listed in the Table in this document
after the effective date of this authorization. The EPA will continue
to implement and issue permits for HSWA requirements for which Oklahoma
is not yet authorized.

J. How does today's action affect Indian country (8 U.S.C. 1151) in
Oklahoma?

    Section 8 U.S.C. 1151 does not affect the State of Oklahoma because
under section 10211(a) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act of 2005 (``SAFETEA''), Public Law 109-59, 119
Statute 1144 (August 10, 2005) provides the State of Oklahoma
opportunity to request approval from EPA to administer RCRA subtitle C
in Indian Country and for carrying out the aspects of the RCRA program
described in its revised program application, subject to the
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA).
However, the State of Oklahoma is not seeking authorization to
administer authorization under RCRA Subtitle C in this FR document.

K. What Is codification and is the EPA codifying Oklahoma's hazardous
waste program as authorized in this rule?

    Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart LL for this authorization of Oklahoma's program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.

L. Administrative Requirements

    The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. The
reference to Executive Order 13563 (76 FR 3821, January 21, 2011) is
also exempt from review under Executive orders 12866 (56 FR 51735,
October 4, 1993). This action authorizes State requirements for the
purpose of RCRA 3006 and imposes no additional requirements beyond
those imposed by State law. Accordingly, I certify that this action
will not have a significant economic impact on a substantial number of
small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.). Because this action authorizes preexisting requirements under
State law and does not impose any additional enforceable duty beyond
that required by State law, it does not contain any unfunded mandate or
significantly or uniquely affect small governments, as described in the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). For the same
reason, this action also does not significantly or uniquely affect the
communities of Tribal governments, as specified by Executive Order
13175 (65 FR 67249, November 9, 2000). This action will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132 (64 FR 43255, August 10, 1999),
because it merely authorizes State requirements as part of the State
RCRA hazardous waste program without altering the relationship or the
distribution of power and responsibilities established by RCRA. This
action also is not subject to Executive Order 13045 (62 FR 19885, April
23, 1997), because it is not economically significant and it does not
make decisions based on environmental health or safety risks. This rule
is not subject to Executive Order 13211, ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355 (May 22, 2001)) because it is not a significant
regulatory action under Executive Order 12866.
    Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added
by the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The EPA will submit a report containing
this document and other required information to the U.S. Senate, the
U.S. House of Representatives, and the Comptroller General of the
United States prior to publication in the Federal Register. A major
rule cannot take effect until 60 days after it is published in the
Federal Register. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2). This action will be effective October 28, 2014.

List of Subjects in 40 CFR Part 271

    Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.

     Authority: This action is issued under the authority of
sections 2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).

    Dated: August 5, 2014.
Ron Curry,
Regional Administrator, Region 6.
[FR Doc. 2014-20647 Filed 8-28-14; 8:45 am]
BILLING CODE 6560-50-P


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

	    Issued by the Department of Transportation on March 7, 2003

NOTICE OF ACTION TAKEN -- DOCKET OST-2003-14645

________________________________________________________________________
________________________________________________________

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 5, 2003

Relief requested:  Exemption pursuant to 49 U.S.C. section 40109(g) to
permit it to operate one one-way cargo charter flight between Cape
Canaveral Air Force Station, FL, and Denver, CO, on/about March 9-10,
2003, using its AN-124 aircraft, to transport outsized cargo consisting
of a Centaur IIIAVC002 upper stage payload and ground support equipment,
on behalf of Lockheed Martin Space Systems.  The applicant stated that
Lockheed Martin required urgent delivery of the equipment in order to
complete repair activities within the limited time available prior to
its return to Cape Canaveral by April 3, 2003, for launch integration
activities.  It also stated that the cargo is too large for
transportation on U.S. carrier aircraft, and that surface transportation
was not feasible because of the time involved, the delicate nature and
high value of the cargo, and conditions unsuitable to maintaining system
integrity compliance.

Applicant representative:  Glenn Wicks<PHONE_NUMBER>			DOT analyst:
Barbara Schools<PHONE_NUMBER>

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 to Volga-Dnepr.

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).
For examples of earlier grants of authority of this type, see, e.g.,
Order 2001-5-23.

	DISPOSITION

Action:  Approved							Action date:  March 7, 2003

Effective dates of authority granted:  March 9-12, 2003

Basis for approval:  We found that the application 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 equipment
promptly in order to avoid undue delay in Lockheed Martin’s repair
activities, mission integration, and launch schedules; the fact that the
equipment could not be transported by surface either in time to meet
those schedules or without the risk of damage to the cargo; the
potential negative impact of delivery delays; 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 Volga-Dnepr’s request would prevent undue hardship to
the cargo and Lockheed Martin.  Finally, we found that the applicant was
qualified to perform its proposed operations (see, e.g., Order
94-10-13).

Except to the extent exempted/waived, this authority is subject to our
standard exemption conditions (attached) and to the condition that
Volga-Dnepr comply with an FAA-approved flight routing for the
authorized flight and obtain any requisite Department of Defense
authorizations.

Action taken by:   	Read C. Van de Water

			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

												        Appendix A

FOREIGN AIR CARRIER CONDITIONS OF AUTHORITY

In the conduct of the operations authorized, the holder 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, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security;1

(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 (formerly the
Federal Aviation Act of 1958, as amended).__________________

1  To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, 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, inform its
Principal Security Inspector of its plans.

U.S. Department of Transportation

Office of the Secretary of Transportation									        (41301/40109)
10/2002