Volga-Dnepr J.S. Cargo Airline

OST-2007-29213 - Emergency Exemption - Columbus-Boeing Field

September 7, 2007

Application for an Emergency Exemption

Volga-Dnepr J.S. Cargo Airlines respectfully requests an emergency exemption 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 between Columbus, Ohio and Seattle/Boeing Field, Washington on or around September 11-12, 2007.

The outsized cargo transported by Volga-Dnepr between Columbus and Boeing Field will consist of General Electric Aircraft Engines GE90-115 aircraft engines with the total payload of up to 50,000 kgs, and each engine, in installed configuration in which it needs to be shipped, having the dimensions measuring 25.3 x 13 x 12.6 feet and weighing 11,833 kgs. As such, the engines in question cannot be accommodated by commercially available U.S. carrier aircraft. The engines need to be urgently delivered to Boeing Field for installation on Boeing 777 aircraft to support Boeing’s final assembly and delivery schedules. The circumstances of the requested shipment, that is one of a series of similar shipments required by GEAE, are reflected in the GEAE letters provided to the Department as part of similar applications by Volga-Dnepr Airlines and Antonov Airlines, submitted and approved earlier (See, for example, Dockets OST-2006-26361; OST-2006-26474; OST-2006-26568; OST-2006-26749, OST-2007-26952, and OST-2007-29177).

Counsel: The Wicks Group, Glenn Wicks, 202-457-7790, gpwicks@wicks-group.com

Filed September 7, 2007 | Issued September 10, 2007

Notice of Action Taken

Exemption from 49 U.S.C. 40109(g) to permit the applicant to operate one one-way all-cargo charter flight from Columbus, Ohio, to Seattle/Boeing Field, Washington, during the period September 11-12, 2007, using its AN- 124 aircraft to transport GE 90-115 aircraft engines on behalf of General Electric Aircraft Engines. The applicant stated that the shipper urgently requires delivery of the engines for installation on new Boeing B-777 aircraft to support Boeing’s final assembly and delivery schedules; that the cargo is too large for transportation on U.S. carrier aircraft; and that surface transportation is not feasible because of the long time period that such mode of transportation wouId take.

We were persuaded that the need to deliver the engines promptly in order to meet the urgent delivery and installation schedules of Boeing; the fact that the cargo could not be transported by surface means because ofthe long time period such movement would take; the potential negative impact of delivery delay; 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 which could be used to conduct the operation at issue here. We also found that grant of this authority would prevent unreasonable hardship to GEAE and Boeing.

By: Andrew Steinberg

September 12, 2007

Amendment to Application

On September 7, 2007, Volga-Dnepr applied for 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 between Columbus, Ohio and Seattle/Boeing Field, Washington on or around September 11-12, 2007. On September 10, 2007, DOT granted Volga-Dnepr’s request and issued to it the authority to operate one one-way cargo charter flight from Columbus to Seattle/Boeing Field on September 11-12, 2007.

Due to operational reasons and following the shipper’s request, Volga-Dnepr is now required to operate the flight with a possible 24-hour delay and in the reverse direction, carrying outsized cargo from Seattle/Boeing Field back to Columbus.

The outsized cargo to be transported by Volga-Dnepr on the flight will, as previously planned, consist of General Electric Aircraft Engines GE90-115 aircraft engines with the total payload of up to 50,000 kgs, and each engine, in installed configuration in which it needs to be shipped, having the dimensions measuring 25.3 x 13 x 12.6 feet and weighing 11,833 kgs. As such, the engines in question cannot be accommodated by commercially available U.S. carrier aircraft.

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

Filed September 12, 2007 | Issued September 13, 2007

Notice of Action Taken

Amend exemption from 49 U.S.C. 40109(g), granted September 10, 2007, in this Docket, to permit the applicant to operate one one-way all-cargo charter flight from Seattle/Boeing Field, Washington, to Columbus, Ohio, during the period September 12- 14, 2007, using its AN-124 aircraft to transport GE 90-115 aircraft engines on behalf of General Electric Aircraft Engines. The applicant stated that the engines, which were to be installed on new Boeing B-777 aircraft, need to be returned to GEAE for additional testing; that prompt shipment of the engines is necessary to maintain Boeing's B-777 final assembly and delivery schedules; that the cargo is too large for transportation on U.S. carrier aircraft; and that surface transportation is not feasible because of the long time period that such mode of transportation would take.

We were persuaded that the need to return the engines to GEAE promptly in order to maintain urgent delivery and installation schedules of Boeing; the fact that the cargo could not be transported by surface means because of the long time period such movement would take; the potential negative impact of delivery delay; 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 which could be used to conduct the operation at issue here. We also found that grant of this authority would prevent unreasonable hardship to GEAE and Boeing.

By: Andrew Steinberg