BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of VOLGA-DNEPR AIRLINES LLC for an emergency exemption pursuant to 49 U.S.C. 

### § 40109(g) Huntsville, AL

- Cape Canaveral AFS , FL ) ) ) ) ) ) ) ) ) )



# ____ ________ ________ __ __ ____ _) Docket OST-2012-

APPLICATION OF VOLGA-DNEPR AIRLINES LLC FOR AN EMERGENCY EXEMPTION Communication with respect to this document should be addressed to: Alexey I. Isaikin Chairman Volga-Dnepr Airlines LLC 14 Karbysheva Street U1yanovsk 432072 Russia

DATED: October 29, 2012 Artem Tarasenko Operations Manager Volga Dnepr-Unique Air Cargo , Inc. 9400 Grogan's Mill Road, Town Center Plaza, Suite 220, The Woodlands, TX 77381 , USA (832) 585-8611

NOTICE: THIS APPLICATION IS FILED PURSUANT TO THE EMERGENCY EXEMPTION PROCEDURES OF 14 C.F.R. 

### § 302.410, WHICH AUTHORlZE 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 AIRLINES LLC for an emergency exemption pursuant to 49 U.S.C. § 40109(g) Huntsville, AL

- Cape Canaveral AFS, FL ) ) ) ) ) ) ) ) ) ) Docket OST-2012-



# _____________________________ )

APPLICATION OF VOLGA

-DNEPR AIRLINES LLC FOR AN EMERGENCY EXEMPTION
Volga

-Dnepr Airlines LLC (" Volga-Dnepr Airlines" or "Volga-Dnepr") re spectfully 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 (1) one-way cargo charter fli ght, utilizing VolgaDnepr's AN-124

- 100 aircraft to transport cargo from Huntsville, Alabama to Cape Canaveral AFS, Florida on around November 5, 2012

- November 7, 2012, on behalf of United Launch Alliance
. The outsized cargo to be transported by Volga-Dnepr consists of the Atlas V Booster,
measuring (119' L x 13' 6" W x 14' H), weighing approx. 81,400 pounds. As described, the payload is outsized and cannot be accommodated by domestic commercial carrier aircraft. In support ofits application, Volga-Dnepr states as follows:1. 

### Volga-Dnepr is a foreign air carrier holding appropriate DOT authority to conduct allcargo 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 behalfof United Launch Alliance as part of an effort to provide urgently needed lift to leave Huntsville not later than the set dates
. United Launch Alliance is shipping the Booster 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, United Launch Alliance cannot use surface transportation to ship the payload. 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 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 ofthat 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 pos sible 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. Thisapplication is consistent with the public interest and meets all of the relevant criteria under 49 U.S
.C. § 401 09(g) for the grant ofan exemption. 6. Grant of this application is in the public interest. As is evidenced by the attached correspondence, timely shipment of the Booster 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 Booster, as well as the exigent circumstances surrounding the impo ssibility 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 Booster 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 on behalf of United Launch Alliance in and out ofthe United States and throughout the world
. 11. Grant of this application is consistent with Depa rtment 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 96-6-3 1, 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 -27 125, 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 (1) one-way cargo charter flights, utilizing Volga-Dnepr's AN-124-100 aircraft; to transport cargo from Huntsville, Alabama to Cape Canaveral AFS , Florida on or around November 5, 2012

- November 7 , 2012, as described herein, and grant such further relief as the Department deems to be consistent with the public interest.

Dated: October 29, 2012 Respectfully submitted,

Artem Tarasenko 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.

Artem Tarasenko

Dated: October 29, 2012United Launch Alliance United launch Alliance 100 Atlas Avenue Trinity, AL 35673 October 1, 2012 Department of Transportation 400 

### ih Street S.W.
Attn: Robert Finamore This letter is submitted in support of United Launch Alliance (ULA) need for the services of a Volga-Dnepr Airlines AN-124-100 Cargo Aircraft to support the follow i ng shipment:
• November 5, 2012- Transport AVB035 to CCAF5 Cape Canaveral FL The AVB035 Booster in its shipping configuration measures 119' long, 13' 6 "wide, 14' high weighing approximately 81,400 pounds with support equipment per Atlas V Booster
. Domestic commercial carrier aircraft cannot accommodate any of these shipments
. Due to the delicate nature, extreme high value, and risks inherent with the surface transport, we cannot use surface transportation. ULA technical evaluation of the conditions seen during over-the-road transport places the launch vehicles in conditions that are deemed unsuitable to maintaining system integrity compliance
. ULA is trying to ship these vehicles in order to complete aggressive launch and fabrication schedules that include subsequent launch integration activities.

If additional information is required, please contact me at once. Respectfully, John C. Morrow ULA Transportation 256-432-1596 256-318-1062 (Cell) john.c.morrow@ulalaunch.com

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;. AL 35673 ·G G3 7 • vw nJ.t '31auncl1 com