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) ) 

) 

STOCKTON METRO - WAINWRIGHT AAF ) 

---------------------------) 

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 1. Isaikin 

Chairman 

Volga-Dnepr lS. Cargo Airline 

14 Karbysheva Street 1215 

Ulyanovsk, Russia 

DATED: April 23, 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 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 ) 

) 

for an emergency exemption pursuant to ) 

49 U.S.c. § 40109(g) ) 

) 

STOCKTON METRO - WAINWRIGHT AAF ) 

---------------------------) 

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 

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 Stockton, California to 

Wainwright AAF Alaska, on or around April 29 - May 01, 2010, on behalf of U.S. 

TRANSCOM. 

The cargo to be transported by Volga-Dnepr from Stockton to WainWright AAF will 

consist of two U.S. Military CH-47 helicopters and associated equipment, with the dimensions in 

shipping configuration of L- 609" x W - 149" x H - 141". 

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 flights on behalf of U.S. TRANSCOM as part of an effort to 

provide needed lift to complete the required equipment rotation as set forth above. The 

helicopters were originally planned to be transported by U.S. TRANSCOM organic lift, 

however, due to the need to divert the available organic lift to other areas, U.S. TRANS COM is 

now requiring that they be transported by commercial aircraft. U.S. Carriers were solicited for 

movement of this cargo, however did not have the required aircraft or availability to meet the 

required movement timeline for the equipment rotation outlined by USTRANSCOM. The 

military stands to face substantial delays in highly time sensitive operations if the mission is not 

completed within the set schedule, while only the use of Volga-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, the military 

cannot use alternative surface transportation to ship the systems and equipment. 

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

operations not later than stated above. 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) forthe 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 U.S. 

TRANScOM's operations. 

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

normal course of business exists as a result of the diversion of U.S. TRANScOM's organic fleet 

to other emergency tasks related to ongoing operations worldwide, 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 AN-124-100 to transport the payload in 

question. 

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

dates requested by U.S. TRANScOM. 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 security and safety 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 throughout the 

world, including traffic in and out of the United States, over the past several years - on behalf of 

the U.S. TRANS COM. 

II. 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 cargo from Stockton, California to Ladd Arnly 

Airfield, Alaska, on or around April 29 - May 1,2010, as described herein, and grant such 

further relief as the Department deems to be consistent with the public interest. 

Dated: April 23, 2010 

Respectfully submitted, 

Colon Miller 

Designated agent for Volga-Dnepr 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: April 23, 2010 
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)