BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Transcription

1 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of VOLGA-DNEPR AIRLINES LLC Docket OST for an emergency exemption pursuant to 49 U.S.C (g Charlotte, NC San Juan, PR APPLICATION OF VOLGA-DNEPR AIRLINES LLC FOR AN EMERGENCY EXEMPTION Communication with respect to this document should be addressed 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 Town Center Plaza, Suite 220, Russia The Woodlands, TX 77381, USA ( DATED: September 21, 2015 NOTICE: THIS APPLICATION IS FILED PURSUANT TO THE EMERGENCY EXEMPTION PROCEDURES OF 14 C.F.R , 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 IMMEDIATELY. COPIES OF THE SUBMISSION SHOULD BE SERVED ON THE PERSONS LISTED ABOVE AND ON THE ATTACHED SERVICE LIST.

2 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of VOLGA-DNEPR AIRLINES LLC Docket OST for an emergency exemption pursuant to 49 U.S.C (g Charlotte, NC San Juan, PR APPLICATION OF VOLGA-DNEPR AIRLINES LLC FOR AN EMERGENCY EXEMPTION Volga-Dnepr Airlines LLC ( Volga-Dnepr Airlines or "Volga-Dnepr" respectfully requests an emergency exemption from the provisions of 49 U.S.C (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 Volga- Dnepr s AN aircraft to transport cargo from Charlotte, North Carolina, to San Juan, Puerto Rico, on around September 23 25, 2015, on behalf of Air Charter Service Inc. The outsized cargo to be transported by Volga-Dnepr consists of one (1 combustion turbine rotor with following dimensions: L-390" x W-106" x H-111", weighing approx. 117,000 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:

3 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 Volga-Dnepr will operate the flight on behalf of Air Charter Service Inc. as part of an effort to provide urgently needed lift to leave Charlotte not later than the set dates. The unit to be transported is a rotor, which has to be delivered to EcoEléctrica, a Puerto Rican energy corporation producing 16% of the island s electricity, from the Siemens Energy facilities located in Charlotte, North Carolina. 3. Due to the size of the cargo and the urgency of the shipment, Air Charter Service Inc. cannot use surface/ocean transportation to ship the cargo. 4. Since the rotor is of extraordinary importance for the operation of EcoEléctrica s power plant, and it needs to be delivered and installed as soon as possible, 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 (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 ; 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 (g for the grant of an exemption.

4 6. Grant of this application is in the public interest. EcoEléctrica is one of the major Puerto Rican power generation companies. Therefore, timely shipment of the rotor is of a considerable importance for the economy of the island. 7. In this instance, an emergency created by unusual circumstances not arising in the normal course of business exists as a result of the size of the cargo, 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 operated by Volga-Dnepr Airlines. As a result, the best way to resolve this emergency is for the AN aircraft to transport the equipment in question. 8. As previously stated, no U.S. carrier operates aircraft that are able to transport this cargo. 9. Grant of this exemption 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 operations on behalf of Air Charter Service Inc. 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 , , , , and , as well as Notices of Action Taken in dockets OST , OST , OST , OST , OST , and OST 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

5 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.

6 WHEREFORE, Volga-Dnepr respectfully requests that the Department issue an emergency exemption permitting it to operate one (1 one-way cargo charter flight, utilizing Volga-Dnepr s AN aircraft, to transport cargo from Greensboro, North Carolina, to San Juan, Puerto Rico, on or around September 23 25, 2015, as described herein, and grant such further relief as the Department deems to be consistent with the public interest. Respectfully submitted, Artem Tarasenko Designated agent for Volga-Dnepr Airlines ( Dated: September 21, 2015

7 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. Artem Tarasenko Dated: September 21, 2015

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9 Service List Robert P. Silverberg Jeff Johnson Silverberg, Goldman & Bikoff, LLP Suite th Street, N.W. Washington, DC For ABX AIR Telephone: Fax: Howard Kass Bob Wirick For: AMERICAN AIRLINES U.S. AIRWAYS Russell Pommer 1747 Pennsylvania Ave, N.W. Suite 875 Washington, D. C For: ATLAS AIR Telephone: Fax: David Heffernan Cozen O Connor For ALASKA AIRLINES Telephone: Fax: dheffernan@cozen.com John L. Richardson John L. Richardson, P.L.L.C th Street, N.W. Suite 420 West Washington, DC For: AMERIJET INTERNATIONAL, INC. Telephone: Fax: jrichardson@johnlrichardson.com Michelle Riordan mriordan@johnlrichardson.com Joan M. Canny Senior Vice President and General Counsel AMERIJET INTERNATIONAL, INC S. Andrews Ave. Ft. Lauderdale, FL Office , Fax Direct jcanny@amerijet.com John Mietus Law Office of John Mietus, LLC 6701 Democracy Blvd., Ste 300 Bethesda, MD For: CENTURION AIR CARGO & SKYLEASE Telephone: Fax: john@mietuslaw.com

10 Alexander Van der Bellen 1275 K St., NW, Suite 1200 Washington, DC Chris Walker For: DELTA AIRLINES sascha.vanderbellen@delta.com chris.walker@delta.com Sandy Sinick sandysinick@gmail.com For: FLORIDA WEST Cozen O Connor 1627 I Street, NW, Ste 1100 Washington, DC For: KALITTA AIR, L.L.C. Telephone: Fax: DPefley@cozen.com Mark Atwood matwood@cozen.com Ned Wallace nwallace@wallaceair.com Lynn Stauffer lstauffer@wallaceair.com sales@wallaceair.com Pierre Murphy Law Offices of Pierre Murphy 1200 New Hampshire Avenue, N.W. Suite 590 Washington, D.C For: NATIONAL AIRLINES Telephone: Fax: pmurphy@lopmurphy.com Sandra Lunsford 3620 Hacks Cross Rd Bldg. B, 3 rd Floor Memphis, TN For: FEDERAL EXPRESS CORP. Telephone: Fax: Sandra Lunsford sllunsford@fedex.com Stephen Lachter slachter@cozen.com Telephone: Fax: For: FRONTIER AIRLINES Rick Zerkel, President rzerkel@lac.lynden.com Garry White gwhite@lac.lynden.com Jim Davis jdavis@lac.lynden.com For: LYNDEN AIR CARGO 6441 s. Airpark Place Anchorage, AK Telephone: Fax: Margot Wiegele 3900 Old Int l Airport Rd. Anchorage, Alaska For: NORTHERN AIR CARGO Telephone: Fax: mwiegele@nac.aero Sami Glascott SGlascott@nac.aero

11 Kevin P. Montgomery 1747 Pennsylvania Ave., NW Suite 875 Washington, DC For: POLAR AIR Telephone: Fax: Peter Beckett Telephone Dan Weiss 1600 Smith Street, Ste HQSGV Houston, TX For: UNITED AIRLINES Telephone: or or ( (Dan Weiss Fax: Frank Avent Airline Information Research 2115 Stuart Ave Richmond, VA Telephone: Roger Rapier Systems Operations Security Center (AJR-213 FAA AIR TRAFFIC SYSTEM OPERATIONS SECURITY 800 Independence Ave., SW Washington, DC Telephone: /5775 Fax: Tom Gillies Paul Chase For: SOUTHERN AIR Telephone: Aaron A. Goerlich Garofalo, Goerlich & Hainbach, PC 1200 New Hampshire Ave., Suite 800 Washington, DC Anita Mosner Partner Holland & Knight For: UNITED PARCEL SERVICES 2099 Pennsylvania Avenue, N.W., Suite 100 Washington DC T: F: Stephen A. Cristina Acting Dep. Asst. Secy, Trnsp. Affairs Department of State 2201 C Street, NW, Room 5830 Washington, DC Fax: CristinaSA@state.gov A. Oakely Brooks, President & CEO & Paul Doell, Dir. Govt Affairs National Air Carriers Association (NACA Suite Wilson Avenue Arlington, VA Telephone: Fax: Pdoell@naca.cc Dawn Pefley