BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

) 

Application of ) 

) 

VOLGA-DNEPR I.S. CARGO AIRLINE ) 

) Docket OST-2010-

for an emergency exemption pursuant to ) 

49 U.S.C. § 40) 09(g) ) 

) 

Libby AAF, A'Zr- Hickam AFB, HI - Dover AFB, DE ) 

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

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 J.S. Cargo Airline 

14 Karbysheva Street 1215 

Ulyanovsk, Russia 

DATED: March 29, 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 IMMEDIA TEL Y. COPIES OF THE SUBMISSION SHOULD BE 

SERVED ON THE PERSONS LISTED ABOVE AND ON THE AITACHED SERVICE LIST. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

) 

Application of ) 

) 

VOLGA-DNEPR 1.S. CARGO AIRLINE ) 

) Docket OST-2010-

for an emergency exemption pursuant to ) 

49 V.S.c. § 40109(g) ) 

) 

Libby AAF, AZ- Hickam AFB, 81- Dover AFB, DE ) 

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

APPLICATION OF 

VOLGA-DNEPR J.S. CARGO AIRLINE 

FOR AN EMERGENCY EXEMPTION 

Volga-Dnepr 1.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 pennit Volga-Dnepr to operate four round trip all-cargo charter flights, utilizing VolgaDnepr's IL 76TD-90WD aircraft, to transport cargo from Libby AAF, AZ to Hickam Air Force 

Base, Hawaii and then to Dover AFB, Delaware on or around March 31 - April 12, 20lO, on 

behalf of US. TRANSCOM. 

The cargo to be transported by Volga-Dnepr from Libby AAF to Hickam Air Force Base 

and then to Dover AFB on March 31 - April 12, 20lO, will consist of 15 Vehicles with the 

dimensions in shipping configuration of L-216 x W -90 x H-ll1", and associated equipment. 

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 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 cargo 

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

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

that the cargo be transported by commercial aircraft. U.S. Carriers were solicited for movement 

of this cargo, however did not have the required 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. § 401 09(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 US. 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 IL76TD-90WD 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 US. 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 all over the world, 

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

TRANSCOM. 

11. 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 circwnstances 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-07-2712S, 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 four round trip all-cargo charter flights, utilizing 

Volga-Dnepr's IL76TD-90WD aircraft, to transport cargo from Libby AAF, AZ, to Hickam Air 

Force Base, Hawaii and then to Dover APB, Delaware on or around March 31 - April 12, 2010 

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

the public interest. 

Dated: March 29, 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: March 29, 2010 
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 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) 

Department of State - EURJRUS 

Room 4223 

2201 C Street, N.W. 

Washington, DC 20250 

(FAX: 2021736-4710) 

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: 901/434-9289) 

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: 2021776-3975) 
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) 

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) 

Hershel Kamen 7131324-6697 

Senior Managing Director of International 

Regulatory Mfairs 

CONTINENTAL AIRLINES 

2929 Allen Parkway 

Suite 1925 

Houston, TX 77019 

(FAX: 713/324-2749) 

Ronald Priddy 703/358-8060 

National Air Carriers' Association 

1000 Wilson Bvd., Suite 1700 

Arlington, VA 22209 

(FAX: 703/358-8070) 

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) 

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) 

Mark Atwood 202/463-2513 

Sher & Blackwell 

1850 M Street, N.W., Suite 900 

Washington, D.C. 20036 

For: KALITrA AIR, L.L.C. 

(FAX: 202/463-4950) 

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) 

Judy McKenzie 907/249-4100 

6441 South Air Park Place 

Anchorage,AK 99502 

LYNDEN AIR CARGO 

(FAX: 907/245-0642) 

Mark McMillin 7701632-8215 

Assistant General Counsel 

HLH Bldg, 101 World Drive 

Peachtree City, GA 30269 

For: WORLD AIRLINES 

(FAX: 7701632-8048) 

Kevin P. Montgomery 202/828-1002 

POLAR AIR CARGO 

1747 Pennsylvania Ave., N.W., Suite 875 

Washington, DC 20006 

(FAX: 202/828-1003)