Antonov Airlines

OST-2007-27029 - Emergency Exemption - Columbus-Boeing Field

January 19, 2007

Application for an Emergency Exemption

Antonov Airlines hereby applies for an emergency exemption pursuant to 49 U.S.C. § 40109(g) and 41703(c), to permit Antonov to operate up to four one-way all-cargo charter flights, each transporting up to four outsized GE90-115 engines, plus ancillary equipment, from Columbus (Rickenbacker Airport), Ohio, to Seattle/Boeing Field, Washington, between January 23 and February 22, 2007, using its AN-124-100 aircraft.

The circumstances described in Antonov's applications filed and approved in Dockets OST-2006-26361, OST-2006-26474, OST-2006-26568 and Docket OST-2006-26749 apply equally to this application. GEAE urgently needs to deliver GE90-115 engines to Seattle for installation on Boeing 777 airplanes. The timely delivery of these engines is critical to support Boeing's final assembly and delivery deadlines. Shipment of the engines by either truck or rail would take at least eight days, resulting in costly delays that would impose unnecessary hardship on GEAE and Boeing. Thus, GEAE has determined that the need for the engines to reach Boeing's facilities without delay constitutes an emergency requiring the GE90-115 engines to be transported from Columbus to Seattle by air. Due to the outsized nature of the cargo, the only commercially-available aircraft capable of transporting the fully assembled engines is the AN-124-100.

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

Filed January 19, 2007 | Issued January 23, 2007

Notice of Action Taken

Exemption from 49 U.S.C. 40109(g) to permit the applicant to operate up to four, one-way, all-cargo charter flights from Columbus, Ohio, to Boeing Field, Washington, during the period January 23-February 22, 2007, using its AN-124 aircraft to transport up to four GE 90-115 aircraft engines and ancillary equipment on each flight, 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 being produced by the Boeing Commercial Airplane Company; 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.

Specifically, we were persuaded that the need to deliver the engines promptly in order to meet the urgent delivery and installation schedules of GEAE and 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 operations at issue here. We also found that grant of this authority would prevent unreasonable hardship to GEAE and Boeing.

By: Paul Gretch