### BEFORE THE DEPARTMENT OF TRANSPORT ATION 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 ) ) ) ) ) ) ) ) )



### ------ ---- -- -- ------------ ) Docket OST-2010-



### APPLICATION OF VOLGA-DNEPR J.S. CARGO AIRLINE FOR AN EMERGENCY EXEMPTION Commun ication with respect to this document shou ld be addressed to: Alexey I. Isaikin Chainnan Volga-Dnepr J.S. Cargo Airline 14 Karbysheva Street 1215 U l yanovsk , 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 ) ) ) ) ) ) ) ) )



### --------------------------- ) 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 s ubmits a modification t o previously submitted application for s ame routing and cargo . The modification is to fly only one-one way vs. two-one way cargo charter flight s as previously requested. Polling of U.S. Carriers ha s been completed for thi s 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 Transporta ti on ("DOT") regulations, so as to permit Volga-Dnepr to operate one one-way a ll-cargo c harter flight , utili z ing 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 Orle a ns 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 s urrounding 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 o f this exemption application is necessary to avoid unreasonable hardship for the traffic at issue. In fact , the shipper stands to suffer considerable di s ruption 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 applicationimmediately. 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 9 th

_ 10 th 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 SERVICEI 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 Mis s i s sippi Can y on 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 e x ecuted 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 re s trictions 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 c es time lost to handling the material multiple times. Plea s e consider this of e x trem e i mportance to assist BP efforts to miti g ate time lost in routing materials to the required area s. Flight Details: Tail number : RA76951 Flight number : VDA4762 Airlin e: Volga Dnepr Re g ard s ,
Mik e Ut s l e r Incid e nt Commander

P

age 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 doubl e the volumes allowed by other aircraft as well as reduces time lost to handling the material multiple times. Plea se consider this of extreme importance to assist BP efforts to mitigate tim e lost in routing materi a l s to the required areas .
Fli gh t Detail s: Tail number UR82008 Flight number : ADB1180 Airline: Antonov A irline s R

eg ards ,

Mike Utsler I nc ident Commander

Pa ge 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 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)