BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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Hickam AFB, HI - McChord AFBffacoma, WA )

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Application of

VOLGA-DNEPR J.S. CARGO AIRLINE

Docket OST-2010-

for an emergency exemption pursuant to

49 U.S.c. § 40109(g)

APPLICATION OF

VOLGA-DNEPR J.S. CARGO AIRLINE

FOR AN EMERGENCY EXEMPTION

Communication with respect to this document should be addressed to:

Alexey L lsaikin

Chairman

Volga-Dnepr J.S. Cargo Airline

14 Karbysheva Street 1215

Ulyanovsk, Russia

Artem Tarasenko

Operations Manager

Volga Dnepr-Unique Air Cargo, Inc.

9400 Grogan's Mill Road,

Town Center Plaza, Suite 220,

The Woodlands, TX USA

(832) 585-8611

DATED: December 1, 2011

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.

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Hickam AFB, HI - McChord AFB/Tacoma, WA )

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Application of

VOLGA-DNEPR J.S. CARGO AIRLINE

Docket OST-2010-

for an emergency exemption pursuant to

49 US.c. § 40109(g)

APPLlCA nON OF

VOLGA-DNEPR J.8. 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 US.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 all-cargo charter flight, utilizing VolgaDnepr's AN-124-100 aircraft, to transport outsize cargo from Hickam AFB, HI to McChord

AFB/Tacoma, WA on or about December 7, 2011 - December 9, 2011, on behalf of US.

TRANSCOM.

The cargo to be transported by Volga-Dnepr from Hickam AFB, HI to McChord

AFBlTacoma, WA will consist of six Sikorsky UH-60 Black Hawk helicopters and associated

equipment Each helicopter's dimensions are L-496" x W-121" x H-148" weighing

approximately 19,000 pounds.

In support of its 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 tra~sportation between the United Sates and third

I

countries pursuant to 14 C.F.R. Part 212.

2. Volga-Dnepr will operate flight 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 cargo

was originally planned to be transported by U.S. TRANSCOM on organic lift, however, due to

the need to divert available organic lift to other areas, U.S. TRANSCOM is requiring this cargo

to be transported by commercial aircraft. U.S. Carriers were solicited for movement of this

cargo, however did not have the required availability, or required aircraft to meet the requested

movement timeline outlined by u.s. TRANS COM for transport of the cargo. 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 Transportation on the results of the

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 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 or has the aircraft 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 world-wide,

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

U.S. TRANSCOM.

11. Grant of this application is consistent with Department precedent. Foreign air earners

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

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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 poll conducted regarding this application.
*******

WHEREFORE, Volga-Dnepr respectfully requests that the Department issue an

emergency exemption permitting it to operate one (1) one-way all-cargo charter flight, utilizing

Volga-Dnepr's AN-124-100 aircraft, to transport cargo from Hickam AFB, HI to McChord

AFBfTacoma, WA on or around December 7, 2011 - December 9, 2011 as described herein, and

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

Respectfully submitted,

Artem Tarasenko

Designated agent for Volga-Dnepr Airlines

(832) 585-8611

Dated: December 1, 2011

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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.

Artem Tarasenko

Dated: December 1, 2011
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)

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)

Scott Yohe 2021216-0700

Vice-President, Government Affairs

1629 K Street, N.W.

Suite 501

Washington, DC 20006

For: DELTA AIRLINES, INC.

(FAX: 202/216-0824)

Department of State - EURJRUS

Room 4223

2201 C Street, N.W.

Washington, DC 20250

(FAX: 202/736-4710)

Deputy Assistant Secretary for

Transportation Affairs

Department of State

Bureau of Economics and Business

Affairs, EBITRA, Room 5830

2201 C Street, N.W.

Washington, DC 20250

(FAX: 202/647-4324)

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)

Service List

Angelia Bird 9011434-8589

FEDERAL EXPRESS CORPORATION

3620 Hacks Cross Rd.

Memphis, TN 38125

(FAX: 9011434-9289)

Margot Wiegele 907/249-5142

NORTHERN AIR CARGO, Inc.

3900 West International Airport Road

Anchorage, AK 99502

(FAX: 907/249-5190)

Tom Gillies 203/847-6000

President

117 Glover Avenue

Norwalk, CT 06850

For: SOUTHERN AIR

(FAX: 203/847-6000)

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)

Jeffrey Manley 202/663-6655

1455 Pennsylvania Ave, N.W.

Washington, DC 20004

For: UNITED AIRLINES

(FAX: 2021772-6670)

Pierre Murphy, Esq. 2021776-3980

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 I

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 7131324-6697

Senior Managing Director ofInternational

Regulatory Affairs

CONTINENTAL AffiLINES

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)