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. Isaikin Colon Miller

Chairman Key Account Manager

Volga-Dnepr J.S. Cargo Airline Volga Dnepr-Unique Air Cargo, Inc.

14 Karbysheva 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 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 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

Volga-Dnepr J.S. Cargo Airline (“Volga-Dnepr Airlines” or "Volga-Dnepr") respectfully 

requests an emergency 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 one-way all-cargo charter flight, utilizing VolgaDnepr’s AN-124-100 aircraft, to transport outsized cargo from Huntsville, Alabama to Cape 

Canaveral, Florida and then to Denver, Colorado on or around March 21 thru March 24, 2010, 

on behalf of Lockheed Martin.

The outsized cargo to be transported by Volga-Dnepr from Huntsville to Cape Canaveral

will consist of Lockheed Martin Space Systems AVC019 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 pounds. Cargo to be transported from Huntsville to Denver will consist of 
SOFI Centaur Test Tank with the payload in its shipping configuration measuring L-624” x W144” x H-168”, with the weight of approximately 18,560 pounds

As 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 Lockheed Martin as a part of an effort 

to provide urgently 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-Dnepr'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 schedules 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 authorize a foreign air carrier to 

transport commercial traffic between 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 

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, timely shipment of the payloads is imperative to avoid substantial delay in 

Lockheed Martin’s fabrication, mission integration and launch schedules.

7. In this 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 of 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 this 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 commercially available 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 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 application. The Department’s Procedural 

Regulations provide that the Department can act on an emergency exemption 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 flight, 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, 2010, 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, 2010
CERTIFICATE 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: March 15, 2010