Antonov Airlines

OST-2008-0071 - Emergency Exemption - Moffett Field-NASA Shuttle Landing Facility

February 25, 2008

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 a single one-way all-cargo charter flight transporting an outsized satellite container, plus ancillary equipment, from Moffett Field, California, to NASA Shuttle Landing Facility, Florida, on or about February 27/28, 2008, using its AN-124-100 aircraft.

The flight is presently scheduled to depart Moffett Field on the evening of February 27 and to arrive at the Shuttle Landing Facility the next morning. However, Antonov requests that the emergency exemption remain in effect from February 27 through March 3, 2008, to account for any unforeseen delays.

Three Way, Inc., a logistics company acting on behalf of Space Systems Loral has requested that Antonov operate a flight from Moffett Field, California, to the NASA Shuttle Landing Facility at Kennedy Space Center in Florida, transporting an outsized commercial satellite, with associated support equipment, for a subsequent launch from KSC. The satellite, as fitted in its container measures approximately 59' x 15'10" x 12'3" and the cargo weighs approximately 65,000 lbs. in total. 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, SS/L 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.

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

Filed February 25, 2008 | Issued February 26, 2008

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 Moffett Field, California, to NASA Shuttle Landing Facility, Florida, during the period February 27-March 3, 2008, using its AN-124 aircraft to transport an outsized commercial satellite and ancillary equipment, on behalf of Space Systems Loral. The applicant stated that failure to deliver the satellite to the Kennedy Space Center as scheduled could jeopardize the scheduled launch slot; that the cargo is too large for transportation on any commercially available U.S. carrier aircraft; and that surface transportation is not feasible due to the highly delicate nature of the satellite and its extremely high value.

Specifically, we were persuaded that the need to move the cargo to meet the scheduled satellite launch slot at KSC; the fact that the cargo could not be transported by surface transportation because of its highly delicate nature and extremely high value; 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 SS/L.

By: Michael Reynolds