BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ ) Application of ) ) VOLGA

- DNEPR AIRLINE S LLC ) ) Docket OST

- 201 5

- for an emergency exemption pursuant to ) 49 U.S.C . § 40109(g) ) ) ) San Juan , Puerto Rico

– Greensboro , NC )

_________________________________________ )

APPLICATION OF VOLGA
- DNEPR AIRLINE S LLC
FOR AN EMERGENCY EXEMPTION Communication with respect to this document should be addressed to: Alexey I. Isaikin Artem Tarasenko Chairman Operations Manager Volga

- Dnepr Airlines LLC Volga Dnepr

- Unique Air Cargo, Inc. 14 Karbysheva Street 9400 Grogan’s Mill Road, Ulyanovsk 432072 Town Center Plaza, Suite 220, Russia The Woodlands, TX 77381, USA (832) 585

- 8611

DATED: A p ril 2 , 201 5

NOTICE: THIS APPLICATION IS FILED PURSUANT TO THE EMERGENCY EXEMPTION PROCEDURES OF 14 C.F.R. § 302.410, WHICH AUTHORIZE THE DEPARTMENT TO ACT ON EMERGENCY EXEMPTIONS IMMEDIATELY. ANY PERSON INTERESTED IN FILING AN ANSWER IS REQUESTED TO DO SO IN THE ABOVE DOCKET IMMEDIATELY. COPIES OF THE SUBMISSION SHOULD BE SERVED ON THE PERSONS LISTED ABOVE AND ON THE ATTACHED SERVICE LIST.BEFORE THE DEPARTMENT OF TRANSPORTATI ON

WASHINGTON, D.C.

_________________________________________ ) Application of ) ) VOLGA

- DNEPR AIRLINES LLC ) ) Docket OST

- 201 5

- for an emergency exemption pursuant to ) 49 U.S.C. § 40109(g) ) ) ) San Juan , Puerto Rico

– Greensboro , NC )

_________________________________________ )

APPLICATION OF VOLGA
- DNEPR AIRLINE S LLC FOR AN EMERGENCY EXEMPTION

Volga

- Dnepr Airline s LLC (“Volga

- Dnepr Airlines” or "Volga

- Dnepr") respectfully requests an emergenc y exemption from the provisions of 49 U.S.C. §§ 40109(g) and 41703(c), and otherwise applicable provisions of the Department of Transportation (“DOT”) regulations, so as to permit Volga

- Dnepr to operate one ( 1 ) one
- way cargo charter flight , utilizing Volga

D nepr’s AN

- 124

- 100 aircraft to transport cargo from San Juan , Puerto Rico to Greensboro , NC
on around April 7

– 8 , 201 5 , on behalf of Air Charter Service Inc.
The outsize d cargo to be transported by Volga

- Dnepr consist s of one ( 1 ) combustion
turbine rotor with following dimensions: L

- 360 " x W

- 120 " x H

- 126 " , weighing approx. 132 , 000 pounds. As described, the payload is outsized and cannot be accommodated by domestic
commercial carrier aircraft. In support of its application, Volga

- Dnepr s tates as follows:1. Volga

- Dnepr is a foreign air carrier holding appropriate DOT authority to conduct all

cargo charter foreign air transportation between a point or points in Russia and a point or points in the United States, and all

- cargo charter transp ortation between the United Sates and third
countries pursuant to 14 C.F.R. Part 212. 2. Volga

- Dnepr will operate the flight on behalf of Air Charter Service Inc. as part of an effort to provide urgently needed lift to leave San Juan not later than the set dates

. The unit to be transported is a defective rotor that requires an urgent repair. The rotor belongs to EcoEléctrica , a Puerto Rican energy corporation producing 16% of the island ’ s electricity

. An o verhaul base for
the rotor , where it needs to be delivered , is the Siemens Energy facilities located in C h arlotte , N orth C arolina

. Greensboro , NC was chosen as a closest destination point because of an ongoing construction projec t in Charlotte/Douglas International Airport , which restricts parking availability for ad hoc cargo operations in Charlotte

. 3. Due to the size of the cargo and the urgen cy of the shipment , Air Charter Service Inc.
cannot use surface /ocean transportation to ship the cargo
. 4. Given the tight schedule associated with repair of the rotor , Volga

- Dnepr must perform the operations not later than within the set dates. Volga

- Dn epr is polling all U.S. certificated air carriers on the attached service list and will inform the Department of the results of that poll. 5. Under 49 U.S.C. § 40109(g), the Department may authorize a foreign air carrier to transport commercial traffic be tween U.S. points under limited circumstances. Specifically, the Department 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
traf fic cannot be accommodated by U.S. carriers holding certificates under 49 U.S.C. § 41102; that all possible efforts have been made to accommodate the traffic on U.S. certificated air carriers; and that the exemption is necessary to avoid unreasonable hards hip for the traffic. This application is consistent with the public interest and meets all of the relevant criteria under 49 U.S.C. § 40109(g) for the grant of an exemption.6. Grant of this application is in the pub lic interest. EcoEléctrica i s one of the major

Puerto Rican power generation compan ie s
. Therefore, t imely shipment of the rotor is of a considerable importance for the economy of the island

. 7. In this instance, an emergency created by unusual circum stances not arising in the
normal course of business exists as a result of the size of the cargo , as well as the exigent circumstances surrounding the impossibility to use any other mode of transportation, and the lack of availability of U.S. commercial ai rcraft of the nature of the AN

- 124

- 100 operated by Volga

- Dnepr Airlines. As a result, the best way to resolve this emergency is for the AN

- 124

- 100 aircraft to transport the equipment in question. 8. As previously stated, no U.S. carrier operates aircraft t hat ar e able to transport this
cargo. 9. Grant of this exemption application is necessary to avoid unreasonable hardship for the
traffic at issue. 10. Volga

- Dnepr’s fitness and ability to carry out the proposed transportation has been amply demonstrated th rough its conduct of number of cargo charter operati ons on behalf of Air
Charter Service Inc. in and out of the United States and throughout the world. 11. Grant of this application is consistent with Department precedent. Foreign air carriers have been granted emergency exemp tion authority to carry cargo between U.S. points when an emergency existed as a result of unusual circumstances not arising in the normal course of business. See, e.g., Orders 96

- 6

- 31, 96

- 4

- 29, 95

- 11

- 35, 95

- 2

- 35, 94

- 11

- 6 and 94

- 4

- 14, as well as
Notices of Action Taken in dockets OST

- 04

- 17906, OST

- 07

- 26806, OST

- 07

- 27125, OST

- 07

- 28857, OST

- 08

- 0003, and OST

- 09

- 0041. 12. In light of the exigent circumstances, Volga

- Dnepr requests expeditious processing and the immediate grant of this emergency exemption applic ation. The Department’s Procedural Regulations provide that the Department can act on an emergency exemption applicationimmediately. Designated agent for Volga

- Dnepr will promptly advise the Department of the

responses of the interested U.S. carriers to t he telephone poll regarding this application.WHEREFORE, Volga

- Dnepr respectfully requests that the Department issue an

emergency exemption permitting it to operate one ( 1 ) one
- way cargo charter flight, utilizing Volga

- D nepr’s AN

- 124

- 100 aircraft , to trans port cargo from San Juan , Puerto Rico to
Greensboro , N orth C arolina on or around April 7

– 8 , 201 5 , as described herein, and grant such further relief as the Department deems to be cons istent with the public interest.

Respectfully submitted,

_______________________________________ Artem Tarasenko Designated agent for Volga

- Dnepr Airlines (832) 585

- 8611

Dated: April 2 , 201 5CERTIFICATE OF SERVICE

I hereby certify that I have on this day served a copy of the foregoing document upon all
per sons named on the attached service list via electronic mail.

Artem Tarasenko

Dated : April 2 , 201 5