BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ ) Application of ) ) VOLGA - DNEPR J.S. CARGO AIRLINE ) ) Docket OST - 2010 - for an emergency

exemption pursuant to ) 49 U.S.C. § 40109(g) ) ) Huntsville

– Cape Canaveral

– Denver )

_________________________________________ )

APPLICATION OF VOLGA-DNEPR J.S. CARGO AIRLINE FOR AN EMERGENCY EXEMPTION Communication with respect to this document should be addressed to: Alexey I . Is aikin Colon Miller Chairman Key Account Manager Volga - Dnepr J.S. Cargo Airline Volga Dnepr-Unique Air Cargo, Inc. 14 Karb ysheva Street 1215 9400 Grogan’s Mill Road, Ulyanovsk , Russia Town Center Plaza , Suite 220, The Woodlands, TX USA (832) 585 - 8611

DATED: March 15 , 2010 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 I

NTERESTED IN FILING AN ANSWER I S REQUESTED TO DO SO IN THE ABOVE DOCKET IMMEDIATELY. COPIES OF THE SUBMI SSI ON SHOULD BE SERVED ON THE PERSONS LISTED ABOVE AND ON THE ATTACHED SERVICE LIST.BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ ) Application of ) ) VOLGA - DNEPR J.S. CARGO AIRLINE ) ) Docket OST - 20 1 0 - for an emergency

exemption pursuant to ) 49 U.S.C. § 40109(g) ) ) Huntsville

– Cape Canaveral

– Denver )

_________________________________________ )

APPLICATION OF VOLGA-DNEPR J.S. CARGO AIRLINE FOR AN EMERGENCY EXEMPTION Volga - Dnepr J.S. Cargo Airline (“Volga- Dn epr Airlines” or "Volga- Dnepr") respectfull y requests an emergency

e xemption 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 p ermit Volga - Dnepr to operate one one -way all - cargo charter flight , utilizing Volga Dnepr’s AN - 124 - 100 aircraft, to transport out sized cargo from Huntsville , Alabama to Cape Canaveral , Florida and then to Denver, Colorado on or around March 21 thru March 24 , 20 10 , on behalf of Lo ckheed Martin . The outsized cargo to be tran sported by Volga- Dnepr from Huntsville to Cape Canaveral will c onsist of Lo ckheed Martin Space Systems AV C019 Atlas Centaur Tank with the payload in its shipping configuration measuring L - 624” x W - 144” ’ x H - 168” , with the weight of approximately 40,150 po unds . Cargo to be transported f rom Huntsville to Denver will consist ofSOFI Centaur Test Tank with the payload in its shipping configuration measuring L - 624” x W 144” x H - 168” , with the weight of approximately 18,560 pounds A s described , the payload is outsized and cannot be accommodated by domestic commercial carrier aircraft. In support of its application, Volga- Dnepr states 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 transportation 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 Lo ckheed Martin as a part of an effort to provide urgentl y needed lift to leave Huntsville not later than the set dates. Lockheed Martin is shipping the payloads to complete aggressive fabrication and launch schedules, while only the use of Volga- Dn epr's outsized aircraft can make it possible to perform the services in question within the set schedule. 3. Due to the extreme size, the delicate nature of the cargo and its extremely high value, Lockheed Martin cannot use surface transportation to ship the payload. In fact, a technical evaluation conducted by Lockheed Martin determined that over- the - road transportation would place the cargo in conditions that are incompatible with maintaining system integrity compliance. 4. Given the extremely tight sched

ules associated with the fabrication, mission integration and launch activities, Volga- Dnepr must perform the operations not later than within the set dates. Volga- Dnepr 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 a uthorize a foreign air carrier to transport commercial traffic between U.S. points under limited circumstances. Specificall y, the Department must find that the authority i s required in the public interest; that because of anemergency 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. § 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 hardship 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 public interest. As is evidenced by the attached correspondence, timel y shipment of the payloads is imperative to avoid substantial de lay in Lockheed Martin’s fabrication, mission integration and launch schedules. 7. Inthis instance, an emergency created by

unusual circumstances not arising in the normal course of business exists as a result of the size of the payloads, as well as the exigent circumstances surrounding the impossibility to use any other mode of transportation, and the lack of availability

o f U.S. commercial aircraft of the nature of the AN - 124 - 100 operated by Volga - Dnepr Airlines. As a result, the best way to resolve thi s emergency is for the AN - 124 - 100 aircraft to transport the payloads in question. 8. As previously

stated, no U.S. carrier operates aircraft that are able to transport this cargo. Indeed, there is no viable transportation option by any c ommercially

availa ble means other than Volga- Dnepr's aircraft. 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 through its conduct of numerous cargo charter operations in and out of the United States and all over the world, including on behalf of Lockheed Martin. 11. Grant of this application is consistent with Department precedent. Foreign air carriers have been granted emergency exemption authority

to carry c argo between U.S. points when an emergency

existed as a result of unusual circumstances not arising in the normal course ofbusiness. 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. Inl ight of the exigent circumstances, Volga- Dnepr requests expeditious processing and the immediate grant of thi s emergency exemption application. The Department’s Procedural Regulations provide that the Department can act on an emergency e xemption application immediately . Designated agent for Volga- Dnepr will promptly advise the Department of the responses of the interested U.S. carriers to the telephone poll regarding this application.******* WHEREFORE, Volga- Dnepr respectfully requests that the Department issue an emergency

exemption permitting it to operate one one -way all - cargo charter f

light , utilizing Volga - Dnepr’s AN - 124 - 100 aircraft, to transport outsized cargo from Huntsville , Alabama to Cape Canaveral , Florida and to Denver, Colorado on or around March 21 - 24 , 20 10 , as described herein, and grant such further relief as the Department deems to be consistent with the public interest. Respectfully submitted ,

_______________________________________ Colon Miller Designated agent for Volga - Dnepr Airlines (832) 585 - 8611

Dated: March 15 , 20 10CERTIFICATE OF SERVICE I hereb y certify

that I have on this day

s erved a copy

of the foregoing document upon all persons named on the attached service list via electronic mail.

Colon Miller Dated : March 15 , 20 10