Volga-Dnepr J.S. Cargo Airline

OST-2007-27125 - Emergency Exemption - Denver-Cape Canaveral

January 29, 2007

Application for an Emergency Exemption

Volga-Dnepr J.S. Cargo Airline 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 regulations, so as to permit Volga-Dnepr to operate one one-way all-cargo charter flight, utilizing Volga-Dnepr’s AN-124-100 aircraft, to transport outsized cargo from Denver, Colorado to Cape Canaveral Air Force Station, Florida, on or around February 1-2, 2007.

The outsized cargo to be transported by Volga-Dnepr from Denver to Cape Canaveral will consist of Lockheed Martin Space Systems AVB009 Atlas V Booster Vehicle, with the payload in its shipping configuration measuring 119’ L x 18’ W x 14’ H, with the weight of approximately 82,000 pounds, and support equipment.

Volga-Dnepr will operate the flight on behalf of Lockheed Martin as part of an effort to provide urgently needed lift to reach the set destination not later than February 8, 2007. Lockheed Martin is shipping the payload to complete aggressive schedules that include subsequent launch integration activities scheduled to maintain the tight launch schedules at Cape Canaveral. Lockheed Martin stands to lose millions of dollars if the shipment does not occur on time, while only the use of Volga-Dnepr's outsized aircraft can make it possible to perform the service in question within the set schedule.

Due to the extreme size, the delicate nature of the cargo and its extremely high value, Lockheed Martin cannot use surface transportation to ship the payload. In fact, a technical evaluation conducted by Lockheed Martin determined that over-the-road transportation would place the cargo in conditions that are incompatible with maintaining system integrity compliance.

Counsel: The Wicks Group, Glenn Wicks, 202-457-7790

Filed January 29, 2007 | Issued January 31, 2007

Notice of Action Taken

Exemption from 49 USC § 40109(g) to permit the applicant to operate one, one-way, all-cargo charter flight, using its AN-124-100 aircraft, carrying outsized cargo on behalf of Lockheed Martin Space Systems, from Denver, Colorado, to Cape Canaveral Air Force Station, Florida, on or around February 1-2, 2007. The applicant states that the flight would carry an AVB009 Atlas V Booster Vehicle and support equipment. The applicant asserts that LMSS needs the subject lift to meet aggressive schedules associated with mission integration and launch; that the cargo is too large for transportation on U.S-carrier aircraft; and that surface transportation is not feasible because of the delicate nature and extremely high value of the cargo.

We were persuaded that the need to move the cargo to meet aggressive schedules associated with mission integration and launch; the fact that the cargo could not be transported by surface because of its delicate nature and extremely high value; and the unique, outsized nature of the cargo, constituted an emergency not arising in the normal course of business. Moreover, based on the representations of the U.S. carriers, we concluded that no U.S. carrier had aircraft available that could be used to conduct the operation at issue here. We also found that grant of this authority would prevent unreasonable hardship to LMSS.

By: Andrew Steinberg

February 2, 2007

Emergency Exemption Amendment

Volga-Dnepr J.S. Cargo Airline hereby respectfully requests that its authority to operate one one-way cargo charter flight between Denver, CO and Cape Canaveral Air Force Station, FL granted to it by Notice of Action Taken, Docket OST-2007-27125, on January 31, 2006, and initially valid through February 6, 2007, be extended to allow Volga-Dnepr Airlines to operate the flight on or around February 7-13, 2007.

The flight was re-scheduled from February 1-2, 2007 to the currently planned February 7, 2007 date due to inclement weather conditions in Denver that prevented timely over-the road delivery of the launch vehicle for loading on Volga-Dnepr’s aircraft. As is stated in the attached letter from LMSS, the shipment is set to take place on February 7, 2007, with a window till February 13, 2007 to accommodate for any possible further adverse weather.

Counsel: The Wicks Group, Glenn Wicks

Filed January 29, 2007 | Amended February 2, 2007 | Issued February 6, 2007

Notice of Action Taken

Amend exemption from 49 USC 40103(g) granted on January 31, 2007, to permit the applicant to operate one one-way, all-cargo charter flight, using its AN-124-100 aircraft, carrying outsized cargo on behalf of Lockheed Martin Space Systems from Denver, Colorado, to Cape Canaveral Air Force Station, Florida, during the period February 7-13, 2007. The applicant states that the flight would carry an AVB009 Atlas V Booster Vehicle and support equipment. The applicant asserts that LMSS needs the subject lift to meet aggressive schedule associated with mission integration and launch, that the cargo is too large for transportation on US-carrier aircraft, and that surface transportation is not feasible because of the delicate nature and extremely high value of the cargo. The original departure of February 1-2, 2007 was delayed due to inclement weather in Denver.

By: Andrew Steinberg