### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) VOLGA-DNEPR AIRLINES LLC ) ) Docket OST -2012-0 156
__ _ for an emergency exemption from ) conditions established by Order 98-2-5 , ) and for Statement of Authorization ) Washington, D.C.- Tunis , Tunisia
- Khartoum, Sudan )


# __________________________________ )

RESPONSE OF VOLGA-DNEPR AIRLINES Communication with respect to this document should be addressed to: Alexey I. lsaikin Chainnan Volga-Dnepr Airlines LLC 14 Karbysheva Street 1215 Ulyanovsk , Russia



### DATED: September 18, 2012 Colon Miller Volga Dnepr-Unique Air Cargo, Inc. 9400 Grogan's Mill Road, Town Center Plaza, Suite 220 , The Woodlands, TX USA (832) 585-8611

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 B E SERVED ON THE P E RSONS LISTED ABOV E AND ON THE ATTACHED SERVICE LIST.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D .C. ) Application of ) ) VOLGA-DNEPR AIRLINES LLC ) ) Docket OST
- 2012-0156
__ _ for an emergency exemption from ) conditions estab li shed by Order 98-2-5 , ) and for Statement of Authorization ) Washington , D.C.
- Tunis , Tunisia
- Khartoum , Sudan )

### ----------------------------~--**-- )** 
RESPONSE OF VOLGA-DNEPR AIRLINES Volga-Dnepr Airlines LLC ( " Volga-Dnepr Airline s" or "Volga-Dnepr " ), submits in respon se to Kalitta Air's objection of Volga-Dnepr Airlines request to be granted an emergency exemption from the provisions of the Department's Order No. 98-2-5 ( "T he Sudan Order " ) so as to pennit Volga-Dnepr to operate o ne (1) one-way all-cargo charter flight, utilizing VolgaDnepr ' s AN-124-100 aircraft to transport U.S. diplomatic cargo from Washington , D.C. to Tunis , Tunisia and Khartoum , Sudan on or about September 19 , 2012
- September 22 , 2012, on behalfo f the U.S. Department of State, the following: Department of State officials had solicited U.S. Flag Carriers (B-747 Operators) , initially to support movement of the cargo in question . However after review of the replies/offers from U.S. Carriers, Department of State officials decided the proposed timelines , B -74 7 aircraft availability , and the need to u se additional and external loading and unloading equipment to support B-747 aircraft, complicated their situation , adding to delays in support, timeline increase for loading and offloading , additi o nal coordination , and ex po s ur e on the ground in Tunisia a nd Sudan. Furt hennore offers from B-747 operators sugges ted the cargo be moved to New Yorkv1a land, prepped for airlift from JFK, fly via UAE, then eventually onward to requested destinations. As previously stated these offers and options using B-74 7 limited State Department's flexibility and speed to respond to the shipment requirements, further complicating
an already complicated and pressing situation in the developing unrest ongoing in Tunisia and Sudan, and would further delay delivery of critically needed cargo and equipment to provide security and stability to State Department personnel and U.S . Citizens in the region . A decision to contact Volga-Dnepr was made due to the airlines ability to provide quick on load and offload capability , greater payload for additional cargo that can be provided to the Embassy as the current security situation continues to be unstable and unsafe for U.S. citizens in the area, and the fact the Department of State personnel were well acquainted with Volga
- Dnepr's capability to provide a "quick reaction" scenario, as Volga-Dnepr has performed many flights for the Department of State and the U.S. Military supporting similar critical sensitive moves in such times of crisis. Volga-Dnepr ' s ability to move quickly, provide instant support for both flight operations and ground support for loading/unloading, expertise in HAZMA T and ammunition transport, also contributed to the Department of State's decision to request AN-124 airlift support. Taking into consideration the due diligence the State Department planners put forth in seeking U.S. airlift, the weighing of their options and choosing what best fit the mission scenario for directed re s ults responding rapidly to needed security equipment, personnel, and critical cargo ; Volga-Dnepr 's application should be granted. Failure to uphold Volga-Dnepr's application this close / short to required mission execution and delivery , would impact the State Department ' s mission of providing a rapid response and maximi z ing their delivery capability by utilizing the AN-124 aircraft, and could jeopardize safety of U.S . Citizens on the ground in Tunisia and Sudan. Furthermore the AN-124 aircraft will provide much needed support to allow for tran s portation of key State Department couriers (15), direct into Tunisia avoiding issues and safety concerns surrounding traveling via commercial means to areas currently restricted for public travel. Not only will the choice of aircraft provide much needed delivery of critical cargo,armored vehicles, ammunition , etc. etc., rapidly in support of the ongoing threats to U.S. interest in Tunisia and Sudan; but also provide safe travel for the required personnel from the State Department who are needed to accompany the cargo and be on location in Tunisia and Sudan ASAP. In addition the Director , Regional Logistics Division , U.S. Department of State provided
a letter of support/urgency, as previously filed. For these reasons, Yolga-Dnepr pleads their application stand as requested , and be granted authority to operate the flight as scheduled; approximately 12 hours from now (0 I :3 0 Local D.C. Time/19 Sep ).WHEREFORE , Volga-Dnepr Airlines respectfully requests that the Department issue an emergency exemption from the provisions of Order DOT 98-2 -5 and grant Statement of Authori za tion under 14 C.F.R. Part 212 so as to permit Volga-Dnepr to operate one one-way all cargo charter flight utilizing Volga-Dnepr ' s AN 124-1 00 aircraft to transport the above described cargo on behalf of U.S. Department of State from Washington , D.C. to Tunis, Tunisia and Khartoum , Sudan on September 19, 2012
- September 22 , 2012.

Dated: September 18, 2012 Respectfully submitted,

Colon Miller Designated agent for Volga-Dnepr Airlines (832) 585-8611CERTIFICATE OF SERVICE

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

Colon Miller

Dated: September 18, 2012

### Volga-Dnepr Unique Air Cargo Town Center Plaza ATTN: Colon Miller 9400 Grogans Mill Rd, Suite 220 The Woodlands, TX 77380 

### United States Department of State Washingtmr , D
. C. 20520


### September 17, 2012

As discussed over the last 24 hours, the U . S. Department of State has an urgent airlift requirement to move I 05,000 lbs of Diplomatic Cargo destined for our U.S. Embassies Tunis, Tunisia and Khartoum, Sudan . The cargo consists of seven (7) fully armored vehicles and physical security materials required to secure and protect these embassies and staff. It is critical that we use aircraft with a roll-on/roll
- off capability such as the AN-124 to minimize reliance on aircraft ground handling equipment and ca r go facilities at the destination airfields. Using this type of aircraft will minimize the risk caused by disruptions to nonnal airport operations due to the current conditions in the region. T he swift unimpeded offload of this equipment is critical to the lives and safety of our personnel. The Department of State appreciates your company's prompt support on this very important mission. Respectively,

# k~~ Rob e rt S. Browning Director, Regional Logistics U . S. Department of State 

### '

### Service List

Marshall S. Sinick 202/626 - 6600 Squire, Sanders & Dempsey 1201 Pennsylvania Avenue, N.W. Suite 400 Washington, DC 20004 For: ALASKA AIRLINES, INC. FLORIDA WEST (FAX: 202/626
- 6780) Angelia Bird 901/434 - 8589 FEDERAL E XPRESS CORPORATION 3620 Hacks Cross Rd. Memphis, TN 38125 (FAX: 901/434
- 9289)

Carl B. Nelson, Jr. 202/496 - 5647 Associate General Counsel AMERICAN AIRLINES 1101 17th Street, N.W. Suite 600 Washington, DC 20036 (FAX: 202/496
- 5660) Margot Wi egele 907/249 - 5142 NORTHERN AIR CARGO, Inc. 3900 West International Airport Road Anchorage, AK 99502 (FAX: 907/249
- 5190)

Scott Yohe 202/216 - 0700 Vice - President, Government Affairs 1629 K Street, N.W. Suite 501 Washington, DC 20006 For: DELTA AIR LINES, INC. (FAX: 202/216
- 0824) Tom Gillies 20 3 / 847 - 6000 President 117 Glover Avenue Norwalk , CT 06850 For: SOUTHERN AIR (FAX: 20 3 / 847 - 6000 )
Department of State - EUR/RUS Room 4223 2201 C Street, N.W. Washington, DC 20250 (FAX: 202/736
- 4710) Russell E. Pommer 202/822 - 9121 Associate General Counsel and Director of Regulatory Affairs ATLAS AIR, INC. 1747 Pennsylvania Ave., N.W., Suite 875 Washington, DC 20006 (FAX: 202/822
- 9152) Deputy Assistant Secretary for Transportation Affairs Department of State Bureau of Economics and Business Affairs, EB/TRA, Room 5830 2201 C Street, N.W. Washington, DC 20250 (FAX: 202/647
- 4324) Jeffrey Manley 202/663 - 6655 1455 Pennsylvania Ave, N.W. Wash ington, DC 20004 For: UNITED AIRLINES (FAX: 202/772
- 6670)

Roger Rapier 202/267 - 9555 (ATO
- R) Office of International Aviation Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 (FAX: 202/267
- 9208) P ierre Murphy , Esq. 202 / 776 - 3980 1 20 0 New Hampshire Avenue, N.W. Suite 8 00 Washington, D.C. 20036 For: ARROW AIR, INC. (FAX: 202/ 776 - 3975 )David Vaughan 202/955 - 9864

Kelley Drye & Warren 1200 19th Street, N.W. Suite 500 Washington, D.C. 20036 For: U.P.S. (FAX: 202/955
- 9792) John L. Richardson 202/828 - 0158 202/371 - 2258 Crispin & Brenner| 1156 15 th Street, NW, Suite 1105 Washington, DC 20005 For: AMERIJET INTERNATIONAL, INC. (FAX: 20 2/828 - 0152) 

### Robert Silverberg 202 - 944 - 3300 Silverberg, Goldman & Bikoff 1101 30th St., N.W., Suite 120 Washington, D.C. 20007 For: ABX Air, Inc 

### (FAX: 202/944
- 3304) Mark Atwood 202/463 - 2513 Sher & Blackwell 1850 M Street, N.W., Suite 9 00 Washington, D.C. 20036 For: KALITTA AIR, L.L.C. (FAX: 202/463
- 4950) Hershel Kamen 713/324 - 6697 Senior Managing Director of International Regulatory Affairs CONTINENTAL AIRLINES 2929 Allen Parkway Suite 1925 Houston, TX 77019 (FAX : 713/324 - 2749) Stephen H. Lachter 202/96 2 - 4321 1150 Connecticut Ave, N.W. Suite 900 Washington, D.C. 20036 For: ASTAR AIR CARGO (FAX: 202/835
- 3219)
Ronald Priddy 703/358 - 8060 National Air Carriers’ Association 1000 Wilson Bvd., Suite 1700 Arlington, VA 22209 (FAX: 703/358
- 8070) Judy McKenzie 907/249 - 4100 6441 South Air Park Place Anchorage, AK 99502 LYNDEN AIR CARGO (FAX: 907/245
- 0642)


### Ben Graves 503 / 472 - 9361 EVERGREEN INTERNATIONAL, INC. 1401 New York Ave., N.W., Suite 530 Washington, D.C. 20005 - 2147 (FAX: 202/638
- 4593) Mark McMillin 770/632 - 8215 Assistant General Counsel HLH Bldg, 101 World Drive Peachtree City, GA 30269 For: WORLD AIRLINES (FAX: 770/632
- 8048) David Vaughan 202/955 - 9864 Kelley Drye & Warren 1200 1 9 th Street, N.W. Suite 500 Washington, D.C. 20036 For: U.P.S. (FAX: 202/955
- 9792) Kevin P. Montgomery 202/828 - 1002 POLAR AIR CARGO 1747 Pennsylvania Ave., N.W., Suite 875 Washington, DC 20006 (FAX: 202/828
- 1003)