BEFORE THE 

DEPARTMENT OF TRANSPORT A TION 

WASHINGTON, D.C. 

Application of 

VOLGA-DNEPR J.S. CARGO AIRLINE 

for an emergency exemption pursuant to 

49 U.S.c. § 40109(g) 

Anchorage Intl - New Orleans Inti 

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Docket OST-2010-

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 

Chainnan 

Volga-Dnepr J.S. Cargo Airline 

14 Karbysheva Street 1215 

Ulyanovsk, Russia 

DATED: May 7, 2010 

Colon Miller 

Key Account Manager 

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 IMMEDlATEL Y. ANY 

PERSON INTERESTED IN FILING AN ANSWER IS REQUESTED TO DO SO IN THE 

ABOVE DOCKET IMMEDlATEL Y. 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 

for an emergency exemption pursuant to 

49 U.S.C. § 40109(g) 

Anchorage Intl - New Orleans Inti 

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Docket OST-2010-

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 

submits a modification to previously submitted application for same routing and cargo. The 

modification is to fly only one-one way vs. two-one way cargo charter flights as previously 

requested. Polling of U.S. Carriers has been completed for this modified application, without 

objections. Volga-Dnepr 1.S. Cargo Airline ("Volga-Dnepr Airlines" or "Volga-Dnepr") 

respectfully request an emergency exemption from the provisions of 49 U.S .c. §§ 40109(g) and 

41 703( 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 Volga-Dnepr's IL-76 aircraft, to transport oil spill recovery equipment and cargo from 

Anchorage, Alaska to New Orleans, Louisiana on May 9th - 10th, 2010, on behalf of BP 

America Production Company. 

The cargo to be transported by Volga-Dnepr from Alaska to New Orleans will consist of 

3 (20) foot sea containers with the following dimensions L-240 x W-96 x H-I02. 
In support of its application, Volga-Dnepr states as follows: 

I. 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 behalf of BP America Production Company as 

part of an effort to provide needed lift to support the ongoing EPA containment efforts for an oil 

spill of the Gulf Coast of Louisiana as set forth above. Due to the nature of the emergency BP 

solicited use of Volga-Dnepr's aircraft to respond ASAP, to deliver this critical Oil Spill 

Recovery Equipment. The environment stands to suffer continual damages from the oil spill, if 

the mission is not completed within the set schedule, while only the use ofVolga-Dnepr's aircraft 

can make it possible to perform the service in question on time. 

3. Due to the nature of the cargo, as well as the urgency of the shipments, BP can not use 

alternative surface transportation to ship the systems and equipment. 

4. Given the tight schedule associated with the mission, Volga-Dnepr must perform the 

operations not later than stated above. Volga-Dnepr has polled all U.S. certificated air carriers on 

the attached service list and all have responded without objection. 

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 frod 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. § 401 09(g) for the grant of an exemption. 
6. Grant of this application is in the public interest. As is evidenced by the ongoing 

environmental emergency. 

7. In this instance, an emergency created by unusual circumstances not arising in the 

normal course of business exists as a result of oil leaking into the waters of the Gulf Coast, the 

exigent circumstances surrounding the lack of availability of U.S. civil aircraft and the urgency 

of the shipment. As a result, the best way to resolve this emergency is for the IL-76 to transport 

the payloads in question. 

8. As previously stated, no U.S. carrier is available to transport this cargo within the 

dates requested. Indeed, there is no viable transportation option by any commercially available 

means other than Volga-Dnepr's aircraft to meet desired timeline. 

9. Grant of this exemption application is necessary to avoid unreasonable hardship for the 

traffic at issue. In fact, the shipper stands to suffer considerable disruption to its operations in the 

interest of national safety and environmental damages, if the shipments are delayed. 

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 all over the world, 

including traffic in and out of the United States, over the past several years. 

I I. Grant of this application is consistent with Department precedent. Foreign air carners 

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-09-004I. 

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-Duepr respectfully requests that the Department issue an 

emergency exemption permitting it to operate two oue-way all-cargo charter flights, utilizing 

Volga-Dnepr's IL-76 aircraft, to transport cargo from Alaska to New Orleans, on May 9th _ 10th 

2010, as described herein, and grant such further relief as the Department deems to be consistent 

with the public interest. 

Dated: May 7, 2010 

Respectfully submitted, 

Colon Miller 

Designated agent for Volga-Duepr Airlines 

(832) 585-8611 

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: May 7, 2010 
bp 

May 7,2010 

Mississippi Canyon 252 

OIL SPILL RESPONSE COMMAND POST 

HOUMA, LOUISIANA 

BP America Production Company 

200 Westlake Park Blvd 

Houston, TX 77709 

To Whom It May Concern, 

BP America Production Company has just executed the charter of multiple flights using the IL-76 aircraft 

to transport emergency supplies of oil spill response materials. The flights will originate in Anchorage 

Alaska for debarkation in New Orleans. BP is formally requesting that all government agencies grant all 

traffic rights for the said flights so we can continue to urgently route cargo to the designated zones 

along the gulf coast. It is imperative these flights are granted traffic rights due to the size and condition 

of the material being transported. All material is stowed in various size shipping containers that due to 

volume restrictions require the use of this larger aircraft. In addition the use of the IL-76 allows for 

transport of more volumes allowed by other aircraft as well as redu ces time lost to handling the material 

multiple times. Please consider this of extreme importance to assist BP efforts to mitigate time lost in 

routing materials to the required areas. 

Flight Details: 

Tail number : RA76951 

Flight number : VDA4762 

Airline: Volga Dnepr 

Regards, 

Mike Utsler 

Incident Commander 

Page 1 
bp 

May 7, 2010 

Mississippi Canyon 252 

OIL SPILL RESPONSE COMMAND POST 

HOUMA, LOUISIANA 

BP America Production Company 

200 Westlake Park Blvd 

Houston, TX 77709 

To Whom It May Concern, 

BP America Production Company has just executed the charter of one AN-124 aircraft per the below 

flight details for the emergency carriage of oil spill response materials. The flight will originate in 

Anchorage Alaska for debarkation in New Orleans. BP is formally requesting that all government 

agencies grant all traffic rights for the said flight so we can continue to urgently route cargo to the 

designated zones along the gulf coast. It is imperative this flight is granted traffic right due to the size 

and condition of the material being transported. All material is stowed in various size shipping 

containers that due to volume restrictions require the use of this larger aircraft. In addition the use of 

the AN-124 allows for transport of more than double the volumes allowed by other aircraft as well as 

reduces time lost to handling the material multiple times. Please consider this of extreme importance to 

assist BP efforts to mitigate time lost in routing materials to the required areas. 

Flight Details: 

Tail number UR82008 

Flight number : ADB1180 

Airline: Antonov Airlines 

Regards, 

Mike Utsler 

Incident Commander 

Page 1 
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 EXPRESS 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 Wiegele 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 AIRLINES, INC.

(FAX: 202/216-0824)

Tom Gillies 203/847-6000

President

117 Glover Avenue

Norwalk, CT 06850

For: SOUTHERN AIR 

(FAX: 203/847-6000)

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.

Washington, 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)

Pierre Murphy, Esq. 202/776-3980

1200 New Hampshire Avenue, N.W.

Suite 800

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 15th Street, NW, Suite 1105

Washington, DC 20005

For: AMERIJET INTERNATIONAL, 

 INC. 

(FAX: 202/828-0152)

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 900

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 202/962-4321

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 19th 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)