Antonov Design Bureau d/b/a Antonov Airlines

OST-2007-27327 - Emergency Exemption - Columbus-Boeing Field

February 16, 2007

Application for an 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 up to five 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 February 23 and March, 25, 2007, using its AN-124-100 aircraft.

Active Aero Charter, Inc., an air charter management company acting on behalf of General Electric Aircraft Engines, has been engaged to arrange the urgent air transportation of GE90-115 aircraft engines from Columbus, Ohio to Seattle, Washington for delivery to the Boeing Commercial Airplane Company. In this regard, Active Aero has chartered Antonov to operate eight Columbus-Seattle flights since November 2006, which have been successfully completed. See Notices of Action Taken dated November 14, 2006 (Docket OST-2006-26361), November 30, 2006 (Docket OST-2006-26474), December 8, 2006 (Docket OST-2006-26568), January 3, 2007 (Docket OST-2006-26749), and January 23, 2007 (Docket OST-2007-27029).

GEAE has determined that it now requires Antonov to operate one additional flight on or about February 23, 2007, and at least two additional flights in mid-March.' As with the previous flights, each engine will measure 25.3 x 13 x 12.6 feet, which is too large to be carried by freighter aircraft operated by U.S. carriers, and therefore must be transported using Antonov's AN-124-100 aircraft.

Antonov requests, however, that the exemption authorize up to five flights carrying up to four engines each in case any of the tentatively scheduled shipments need to be split or supplemented, and to provide Antonov with the necessary flexibility to respond to GEAE's requirements as additional engines become ready for delivery. Antonov requests that such an exemption be effective beginning February 23 for the maximum 30-day period available under the statute. Approving five flights for this time period would eliminate the need for Antonov to apply for extensions or additional exemptions should unforeseen engine production issues necessitate extra flights and/or schedule changes.

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

OST-2007-27327 - Emergency Exemption - Columbus-Boeing Field

Filed February 16, 2007 | Issued February 22, 2007

Notice of Action Taken

Exemption from 49 U.S.C. 40109(g) to permit the applicant to operate up to five one-way all-cargo charter flights from Columbus. Ohio, to Seattle/Boeing Field, Washington, during the period February 23-March 25, 2007, using its AN-124 aircraft to transport up to four GE 90-115 aircraft engines, plus ancillary equipment, per 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.

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 no 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