### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.
Application of VOLGA-DNEPR I.S . CARGO AIRLINE for an emergency exemption pur s uant to 49 U.S.c. § 40 I 09(g) EIELSON AFB
- YUMA MCAS ) ) 

### ) ) ) ) ) ) )



### ------------------ ---- ----- ) Docket OST -2 010
-



### APPLICATION OF VOLGA-DNEPR J.S. CARGO AIRLINE FOR AN EMERGENCY EXEMPTION Communication with respect to this document s hould be addressed to: Alexey I. I s aikin Chainnan Volga -Dn epr I.S. Cargo Airline 14 Karb ys heva Street 1215 Ulyanovsk , Ru ss ia



### DATED: April 30, 2010 Colon Miller Key Account Manager Volga Dnepr-Unique Air Cargo, Inc. 9400 Grogan ' s Mi ll Road, Town Center Plaza , Suite 220, The Woodlands , TX USA (832) 585-8611

NOT ICE: THIS APPLICATION IS FILED PURS UAN T 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 O N 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) EIELSON AFB
- YUMA MCAS ) ) ) ) ) ) ) ) ) 

### Docket OST-2010-



### -------- ------------------- )

APPLICATION OF VOLGA-DNEPR J.S. CARGO AIRLINE FOR AN EMERGENCY EXEMPTION
Volga-Dnepr lS. 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 IL-76 aircraft, to transport cargo from Eielson AFB , AK to Yuma MCAS, AZ, on or around May 06
- May 07,2010 on behalf of U.S. TRANSCOM. The cargo to be transported by Volga-Dnepr from Eielson to Yuma consist of U.S. Marine Corp aircraft parts, sensitive avionics equipment , associated tools and aircraft maintenance equipment. The majority of the cargo will be palletized, with 2 pieces of roll on cargo with the following dimensions; (L-236" x W -42" x H-45"). USTRANSCOM solicited 

## u.s. Carriers, however due to non-availabilty to move the equipment in the required tirneline, USTRANSCOM chose to contract Volga Dnepr's IL- 76 aircraft . 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 U nited 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 aircraft parts and equipment 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. TRANSCOM is
now requiring that they be tran spo rted by commercial aircraft . U.S . Carriers were so l icited for
mo ve ment 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 s ubstantial delays 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 s hipments , the military cannot u se alternative s urface transportation to ship the parts and eqnipment. 4. Given the tight schedule associated with the equipment s return, Volga-Dnepr must perform the operations not later than sta ted 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 i s required in the public interest ; that becau se of an eme rgency created by unu s ual circumstances not arising in the normal course of bu si ness the traffic cannot be accommodated by U.S. ca rriers holding certificates under 49 U . S.C. § 41102; that all possible effort s have been made to accommodate the traffic on U.S. certificated air carriers; and that the exemption i s 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
- 1 00 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. TRANSCOM. 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-l7906, OST-07-26806 , OST-07-27l25, 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 IL-76 aircraft, to transport cargo from Eielson AFB, AK to Yuma MCAS, AZ on or around May 06
- May 07 , 2010, as described herein, and grant such further relief as the Department deems to be consistent with the public interest.

Dated: 

### April 30, 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 30, 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 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)