BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ ) Application of ) ) VOLGA

- DNEPR AIRLINE S LLC ) ) Docket OST

- 201 3

- for an emergency exemption pursuant to ) 49 U.S.C . § 40109(g) ) ) ) Fort Worth , TX

– Everett , WA )

_________________________________________ )

APPLICATION OF VOLGA
- DNEPR AIRLINE S LLC
FOR AN EMERGENCY EXEMPTION Communication with respect to this document should be address ed to: Alexey I. Isaikin Artem Tarasenko Chairman Operations Manager Volga

- Dnepr Airlines LLC Volga Dnepr

- Unique Air Cargo, Inc. 14 Karbysheva Street 9400 Grogan’s Mill Road, Ulyanovsk 432072 Town Center Plaza, Suite 220, Russ ia The Woodlands, TX 77381, USA (832) 585

- 8611

DATED: April 30 , 201 3

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 I MMEDIATELY. 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 TRANSPORTATIO N

WASHINGTON, D.C.

_________________________________________ ) Application of ) ) VOLGA

- DNEPR AIRLINES LLC ) ) Docket OST

- 201 3

- for an emergency exemption pursuant to ) 49 U.S.C. § 40109(g) ) ) ) Fort Worth, TX

– Everett, WA )

_________________________________________ )

APPLICATION OF VOLGA
- DNEPR AIRLINE S LLC FOR AN EMERGENCY EXEMPTION

Volga

- Dnepr Airline s LLC (“Volga

- Dnepr Airlines” or "Volga

- Dnepr") respectfully requests an emerge ncy 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 ( 1 ) one
- way cargo charter flight , utilizing Vol ga
D nepr’s AN

- 124

- 100 aircraft to transport cargo from Fort Worth , Texas to Everett , Washington
on around May 5

– May 8 , 201 3 , on behalf of Boeing Commercial Aircraft

. The outsize d cargo to be transported by Volga

- Dnepr consist s of one ( 1 ) 747 fuselage
pan el with following dimensions: L

- 684 " x W

- 22 0 " x H

- 135 " , weighing approx. 20 , 0 00 pounds. As described, the payload is outsized and cannot be accommodated by domestic commercial
carrier aircraft. In support of its application, Volga

- Dnepr states as follows:1. Volga

- Dnepr is a foreign air carrier holding appropriate DOT authority to conduct all

cargo 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 t he United Sates and third
countries pursuant to 14 C.F.R. Part 212. 2. Volga

- Dnepr will operate the flight on behalf of Boeing Commercial Aircraft as part of an effort to provide urgently needed lift to leave Fort Worth not later than the set dates

. Boeing
Commercial Aircraft is shipping the fuselage panel to meet its deadlines and not to delay 7 47 production line , while only the use of Volga

- Dnepr's outsized aircraft can make it possible to perform the services in question within the set schedule.
3. Due t o the size of the cargo and the urgency of the shipment , Boeing Commercial
Aircraft cannot use surface transportation to ship the cargo . An evaluation conducted by Boeing
Commercial Aircraft eliminated all other conventional movement methods including over the
road trucking and rail transportation as viable methods to meet current needs

. 4. Given the tight schedules associated with the manufacturing of 7 47 aircraft , Volga

Dnepr must perform the operations not later than within the set dates. 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 can not 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 pub lic interest. As is evidenced by the attached

c orrespondence, timely shipment of the Boeing’s fuselage panel is imperative to avoid substantial delay in 7 47 aircraft production line

. 7. In this instance, an emergency created by unusual circumstances not arising in the
normal course of business exists a s a result of the size of the equipment , as well as the exigent circumstances surrounding the impossibility to use any other mode of transportation, and the lack of availability of U.S. commercial aircraft of the nature of the AN

- 124

- 100 operated by Volga

- Dnepr Airlines. As a result, the best way to resolve this emergency is for the AN

- 124

- 100 aircraft to transport the equipment in question. 8. As previously stated, no U.S. carrier operates aircraft that ar e able to transport this
cargo. 9. Grant of this ex emption application is necessary to avoid unreasonable hardship for the
traffic at issue. 10. Volga

- Dnepr’s fitness and ability to carry out the proposed transportation has been amply demonstrated through its conduct of number of cargo charter operati ons o n behalf of Boeing in and out of the United States and throughout the world. 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 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, O ST

- 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 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.WHEREFOR E, Volga

- Dnepr respectfully requests that the Department issue an

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

- D nepr’s AN

- 124

- 100 aircraft , to transport cargo from Fort Worth , Texas to Everett , Washingt on on or around May 5

– May 8 , 201 3 , as described herein, and grant such further relief as the Department deems to be consistent with the public interest.

Respectfully submitted,

_______________________________________ Artem Tarasenko Designat ed agent for Volga

- Dnepr Airlines (832) 585

- 8611

Dated: April 30 , 201 3CERTIFICATE 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 : April 30 , 201 3