Polet Airlines

OST-2007-27161 - Emergency Exemption - Victorville, CA-Savannah

January 31, 2007

Application for Emergency Exemption

Polet Airlines, a Russian cargo charter air carrier, hereby applies, pursuant to 49 U SC § 40109(g), for exemption from the otherwise applicable provisions of the statute and of the Department's regulations so as to authorize Polet's operation of eight one-way outsized cargo charter flights from Victorville, CA to Savannah, GA between February 4 and February 12, 2007.

This application is filed because the shipper, US Air Mobility Command, urgently requires the transportation from Victorville, CA to Savannah, GA of 22 oversized military helicopters and accompanying parts between the February dates above described! The present schedule requires operation by aircraft RA 82075 from Victorville to Savannah on February 4, 6, 7, 8, 9, and 11 and operation by RA 82068 on February 5, and 6, 2007.

Four of the eight flights will entail transportation of three AH-64D helicopters and parts, each helicopter measuring 49 x 9.67 x 12.6 feet. Two flights will each transport two AH-64D helicopters and parts, as above described, plus one UH-60A utility helicopter, which measures 53.8 x 14.67 x 12.33 feet, and two flights will each transport two UH-60A utility helicopters as above described, plus helicopter parts.

Counsel: Miller Hamilton, Lester Bridgeman, 251-432-1414

Filed January 31, 2007 | Issued February 2, 2007

Notice of Action Taken

Exemption from 49 U.S.C. 40109(g) to permit the applicant to operate eight, one-way all-cargo charter flights from Victorville, California, to Hunter Army Air Base, Savannah, Georgia, during the period February 4-12, 2007, using its AN-l24 aircraft to transport a total of 22 oversized military helicopters and accompanying parts, on behalf of the U.S. Air Mobility Command. The applicant stated that the Air Mobility Command urgently requires delivery of the helicopters, and that the helicopters are too large for transportation on U.S-carrier aircraft.

We were persuaded that the Air Mobility Command's urgent need to transport the military helicopters, 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 the Air Mobility Command.

By: Andrew Steinberg