Antonov Design Bureau

OST-2006-23682 - Emergency Exemption - Richmond-Portland, OR

January 19, 2006

Application for an Emergency Exemption

Antonov hereby applies for an emergency exemption pursuant to 49 U.S.C. § 40109(g) and 41703(c), to permit Antonov to operate a single one-way all-cargo charter flight transporting an outsized low pressure turbine rotor, plus ancillary equipment, from Richmond, Virginia to Portland, Oregon between January 26 and 28, 2006, using its AN-124-100 aircraft. Antonov respectfully requests expedited consideration and immediate approval of this application to meet the pressing needs of a power company that supplies critical electricity to communities in the Portland area.

Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898, sisrael@hhlaw.com

OST-2006-23682 - Emergency Exemption - Richmond-Portland, OR

January 23, 2006

Request for One-Day Early Release

The charterer of the flight described in the above‑referenced application for an emergency exemption has advised Antonov that the outsized turbine rotor that Antonov proposes to transport from Richmond to Portland may be released for shipment one day earlier than anticipated. Accordingly, Antonov hereby requests the flexibility to operate the flight as early as January 25, 2006 (i.e., Antonov requests that the effective dates of the exemption authority be January 25‑28, 2006).

Counsel: Hogan & Hartson, Sheryl Israel, 202-637-8898

Filed January 19, 2006 | Supplemented January 23, 2006 | Issued January 23, 2006

Notice of Action Taken | Word

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 Active Aero Charter, Inc., from Richmond, Virginia, to Portland, Oregon, during the period January 25 through January 28, 2006.  The flight would carry an outsized low pressure turbine rotor and ancillary equipment destined for the Portland General Electric Company’s Boardman Coal Plant.  The applicant asserts that PGE needs the subject lift because the turbine rotor is required to restore the PGE Boardman Coal Plant to full service; that the cargo is too large for transportation on U.S.-carrier aircraft; and that surface transportation is not feasible because of the inordinate amount of travel time it would require.

We are granting Antonov’s request to operate the proposed one-way flight, on behalf of Active Aero Charter, Inc.  We found that its request met all the relevant criteria of 49 USC § 40109(g) for the grant of an exemption of this type, and that the grant was required in the public interest.  Specifically, we were persuaded that the need to move the cargo to enable the PGE Boardman Coal Plant to restore maximum production levels; the fact that the cargo could not be transported by surface transportation within a reasonable time period; 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 the PGE.

By: Michael Reynolds