Antonov Design Bureau d/b/a Antonov Airlines

OST-2007-27326 - Emergency Exemption - Philadelphia-Moffett Field

February 16, 2007

Application for Emergency Exemption

Antonov Design Bureau, trading as Antonov Airlines 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 communication satellite, plus ancillary equipment, from Philadelphia, Pennsylvania, to Moffett Field, California, on or about February 22, 2007, using its AN-124-100 aircraft. Antonov requests that the emergency exemption remain in effect through February 26, 2007 to account for any unforeseen delay.

Lockheed Martin has requested that Antonov operate a flight from Philadelphia International Airport, Pennsylvania, to Moffett Field, Sunnyvale, California, transporting an outsized communication satellite and associated support equipment for a JCSAT-11 Payload Module. The satellite, as fitted in its container, measures 26'x 9'6" x 13'8" and weighs approximately 16,000 lbs. Cargo of this size cannot be accommodated by any freighter aircraft operated by U.S. carriers. Moreover, due to the highly delicate nature of the satellite and its extremely high value, Lockheed Martin cannot risk moving this cargo via surface transportation. As a result, the satellite container needs to be transported using Antonov's AN-124-100 aircraft.

Failure to deliver the satellite to Moffett Field on or about February 22, 2007, would have compounding scheduling repercussions that could compromise the ensuing launch schedule and ultimately cause Lockheed Martin's customer, Japan Satellite Company, to lose its rocket launch slot. Such an outcome would severely penalize both Lockheed Martin and Japan Satellite Company.

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

OST-2007-27326 - Emergency Exemption - Philadelphia-Moffett Field
OST-2007-27327 - Emergency Exemption - Columbus-Boeing Field

February 20, 2007

Re: Polling Results

Antonov Design Bureau trading as Antonov Airlines hereby informs the Department that it has polled the carrier-representatives on the service list attached below with respect to the two emergency applications referenced above, and no objections were received. Accordingly, Antonov requests that the Department immediately issue the requested emergency exemptions, particularly given that the first flight thereunder might commence as soon as February 22, 2007.

Counsel: Hogan & Hartson, Patrick Rizzi, 202-637-5600

Filed February 16, 2007 | Issued February 21, 2007

Notice of Action Taken

Exemption from 49 U.S.C. 40109(g) to permit the applicant to operate one, one-way all-cargo charter flight from Philadelphia, Pennsylvania, to Moffett Field, California, during the period February 22-26, 2007, using its AN-124 aircraft to transport an outsized communications satellite, plus ancillary equipment, on behalf of Lockheed Martin. The applicant stated that Lockheed Martin, and its customer, Japan Satellite Company, urgently require delivery of the satellite as part of preparations for the satellite's launch at the Baikonur Cosmodrome later this year; that the cargo is too large for transportation on U.S. carrier aircraft; and that surface transportation is not feasible because of the unacceptably high risk of damage and delivery delay.

We were persuaded that the need to deliver the satellite and related equipment promptly in order to meet the launch schedule for the spacecraft; the fact that the cargo could not be transported by surface means because of the risk of damage and 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 operation at issue here. We also found that grant of this authority would prevent unreasonable hardship to Lockheed Martin and Japan Satellite Company.

By: Andrew Steinberg