Volga-Dnepr J.S. Cargo Airline

OST-2008-0121 - Emergency Exemption - North Island NAS-Denver

March 26, 2008

Application for an Emergency Exemption

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 North Island NAS, California to Denver, Colorado, on or around April 3-9, 2008, on behalf of Lockheed Martin Space Systems.

The outsized cargo payload to be transported by Volga-Dnepr from North Island NAS to Denver will consist of one LMSS AVC022 Centaur III Upper Stage Launch Vehicle measuring 52’ long, 12’ wide and 14’ high, with a weight of 19,000 pounds, and associated equipment, with the approximate weight of 18,000 pounds.

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

Filed March 26, 2008 | Issued April 1, 2008

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 North Island NAS, California, to Denver, Colorado, on or around April 3-9, 2008. The applicant states that the flight would carry an AVC022 Centaur III Upper Stage Launch Vehicle and associated support equipment. The applicant asserts that LMSS needs the subject lift to meet aggressive assembly and fabrication 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 extremely delicate nature and high value of the cargo.

We were persuaded that the need to move the cargo to meet extremely aggressive final assembly and fabrication schedules associated with mission integration and launch; the fact that the cargo could not be transported by surface transportation because of its extremely delicate nature and 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: Michael Reynolds