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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

ANTONOV AIRLINES

for an emergency exemption pursuant to

49 U.S.C. § 40109(g)

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Docket DOT-OST-2014-_______

APPLICATION OF ANTONOV AIRLINES

FOR AN EMERGENCY EXEMPTION

Communications with respect to this document should be sent to:

Sheryl R. Israel

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

+1 202 637 8898

sheryl.israel@hoganlovells.com

Counsel for

ANTONOV COMPANY

t/a ANTONOV AIRLINES

June 17, 2014

NOTICE: THIS APPLICATION IS BEING FILED PURSUANT TO THE EMERGENCY

EXEMPTION PROCEDURES OF 14 C.F.R. § 302.311, WHICH AUTHORIZE

THE DEPARTMENT TO ACT ON EMERGENCY EXEMPTION REQUESTS

IMMEDIATELY. ANY PERSON INTERESTED IN FILING AN ANSWER IS

REQUESTED TO DO SO IN THE ABOVE DOCKET IMMEDIATELY.

COPIES OF THE SUBMISSION SHOULD BE SERVED ON THE PERSONS

LISTED ABOVE AND ON THE ATTACHED SERVICE LIST.
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BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

ANTONOV AIRLINES

for an emergency exemption pursuant to

49 U.S.C. § 40109(g)

)

)

)

)

)

)

Docket DOT-OST-2014-_______

June 17, 2014

APPLICATION OF ANTONOV AIRLINES

FOR AN EMERGENCY EXEMPTION

Antonov Company t/a Antonov Airlines (“Antonov”) hereby applies for an

emergency exemption pursuant to 49 U.S.C. §§ 40109(g) and 41703(c), to permit

Antonov to operate two (2) one-way all-cargo charter flights each transporting up to four

(4) outsized GE90 aircraft engines, plus ancillary equipment, from Columbus

(Rickenbacker Airport), Ohio to Everett, Washington between June 19 and June 30,

2014, using AN-124-100 aircraft. Antonov respectfully requests expedited consideration

and approval of this application to address a pressing commercial requirement of

GE Aviation and Boeing Commercial Airplanes (“Boeing”).

In support of this application, Antonov states the following:

1. Antonov is a foreign air carrier that holds exemption authority to conduct

charter all-cargo foreign air transportation between Ukraine and the United States, and

between the United States and third countries pursuant to 14 C.F.R. Part 212. See

Notice of Action Taken dated October 12, 2005 (Docket DOT-OST-1996-1454).

2. GE Aviation has chartered Antonov to conduct two flights, each

transporting up to four outsized GE90 aircraft engines1from Rickenbacker Airport to

1 GE Aviation currently anticipates that three engines will be available for the first flight and four

engines will be available for the second flight. Antonov requests the flexibility to carry up to

four engines per flight, the maximum number of GE90 engines that may be accommodated

by an AN-124-100 aircraft, to maximize its ability to respond to GE Aviation’s final production

schedule and shipping needs.
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Everett to offset a Boeing production line work stoppage situation. Each GE90 engine

measures approximately 303” x 156” x 152”. Cargo of this size cannot be

accommodated by any freighter aircraft operated by U.S. air carriers. As a result, the

engines need to be transported using Antonov’s AN-124-100 aircraft.

3. As explained in the attached support letter, GE Aviation has requested

that Antonov conduct two flights carrying GE90 aircraft engines from Columbus to

Everett, on or about June 19 and June 29, 20142to offset production line work

stoppages caused by engine delivery delays. Air transportation of these engines from

Rickenbacker Airport, near the GE Aviation facility where the engines are produced, to

Everett, where the affected Boeing commercial airplane production line is located, is the

best solution to prevent further production line delays. Failure to deliver the engines by

air would cause additional delays to the production and subsequent delivery of Boeing

airplanes, which would cause financial harm to GE Aviation, Boeing and their customers.

Accordingly, transportation of the engines by AN-124-100 is warranted.

4. This application meets all of the relevant criteria for the grant of an

exemption under 49 U.S.C. § 40109(g):

a. Grant of this application is in the public interest. Transportation of

the engines by air will allow major U.S. jet aircraft engine and commercial airplane

manufacturers to address a production line disruption as efficiently as possible and help

meet airplane delivery commitments to customers. Surface transportation of the engines

is not an economical or desirable option in this case given the distance between Ohio

and Washington, coupled with the complications and permitting requirements associated

with the truck movement of such large items. GE Aviation and Boeing must take every

2

Antonov requests a period of validity of June 19-30, 2014 to account for slight flight delays or

changes to the engine production schedule.
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possible step to avoid additional production line delays and to meet aircraft delivery

commitments. Accordingly, it is critical that Antonov be authorized to use AN-124-100

aircraft to address GE Aviation’s and Boeing’s requirements for the delivery of these

engines to Everett as soon as possible.

b. Approval of the requested exemption authority is necessary to

enable Antonov to respond to an emergency created by unusual circumstances.

GE Aviation needs to transport several GE90 aircraft engines from Columbus to Everett

within a compressed timeframe to address Boeing production line stoppages caused by

engine delivery delays. The sheer size of each engine, coupled with the distance

between Ohio and Washington, forecloses the possibility of expediting the delivery of

these units using surface transportation. In order to avoid unnecessary and costly

additional delays, the engines need to be shipped by air, and because no civil aircraft

operated by U.S. carriers are capable of carrying such outsized cargo,3the only way to

resolve this emergency is for the engines to be transported using AN-124-100 aircraft.

c. Thus, grant of this exemption application is necessary to avoid

unreasonable hardship for the traffic at issue. Simply put, unless the application is

granted, the transportation of GE aircraft engines from Ohio to Everett will be

unnecessarily delayed, adversely impacting GE Aviation, Boeing and their customers.

5. Antonov's fitness and ability to carry out the proposed transportation has

been amply demonstrated through its conduct of numerous outsized cargo charter

operations over the past several years. By DOT Order 91-10-11, Antonov was first

issued exemption authority jointly with Air Foyle Ltd., and has operated numerous

3 Counsel for Antonov will contact the U.S. operators of large all-cargo aircraft set forth in the

service list attached to this application to verify that each carrier cannot accommodate the

cargo and does not oppose the grant of this application, and will promptly notify the

Department of the polling results.
Application of Antonov Airlines

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outsized cargo charters to and from the United States since 1991. As noted above,

Antonov holds independent exemption authority last renewed by Notice of Action Taken

dated October 12, 2005.

6. Grant of this application is consistent with Department precedent. The

Department has previously granted emergency exemption authority to permit Antonov to

conduct commercial flights between U.S. points on numerous occasions where

AN-124-100 aircraft were similarly needed to deliver outsized cargo -- including Boeing

airplane and GE Aviation engine products -- on an emergency basis. The Department

has consistently found that approval of such requests is in the public interest. See, e.g.,

Notice of Action Taken dated October 11, 2002 (Docket DOT-OST-2002-13572); Notice

of Action Taken dated August 28, 2002 (Docket DOT-OST-2002-13252); DOT Order

98-3-9; Notice of Action Taken dated December 24, 1997 (Docket DOT-OST-1997-

3284). See also Notices of Action Taken dated November 14, 2006 (Docket

DOT-OST-2006-26361), November 30, 2006 (Docket DOT-OST-2006-26474),

December 8, 2006 (Docket DOT-OST-2006-26568), January 3, 2007 (Docket

DOT-OST-2006-26749), and January 23 and 26, 2007 (Docket DOT-OST-2007-27029)

(granting Antonov exemptions for the transportation of GE90 and GEnx aircraft engines

under similar circumstances).

7. Section 302.311 of the Department's Procedural Regulations provides

that the Department can act on an emergency exemption application immediately. In

light of the exigent circumstances, Antonov respectfully requests prompt approval of this

emergency exemption application in order to provide assurances to GE Aviation and

Boeing that Antonov will be permitted to transport the maximum number of GE90 aircraft

engines available on the required flight dates.
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WHEREFORE, for the foregoing reasons, Antonov respectfully requests that the

Department issue an emergency exemption permitting Antonov to operate two (2) oneway all-cargo charter flights each transporting up to four (4) outsized GE90 aircraft

engines, plus ancillary equipment, from Columbus (Rickenbacker Airport), Ohio to

Everett, Washington, June 19-30, 2014, using AN-124-100 aircraft, as described herein,

and grant such other and further relief as the Department deems to be consistent with

the public interest.

Respectfully submitted,

_______________________________

Sheryl R. Israel

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

+1 202 637 8898

sheryl.israel@hoganlovells.com

Counsel for

ANTONOV COMPANY

t/a ANTONOV AIRLINES
General Electric Company

DATE: June 16, 2014

SUBJECT: Request for approval urgent ad hoc charter

Dear Sir or Madam

We (GE Aviation) kindly ask you to grant the traffic rights for an urgent ad hoc flight to operate on June 19,

2014 from Rickenbacker, OH (LCK) to Paine Field, WA (PAE),details as per below:

- Our customer Boeing, has production line work stoppage due to delayed engines from GE. They

are in need of engines as soon as possible in order to continue their operations.

- Our carrier, Antonov Design Bureau (ADB), is set for departure June 19th and June 29th, 2014, Flight

ADB 1926, tail - UR 82007, ADB – 0006 5763.

- 1st flight: Thursday, June 19, 2014, for 3 engines; 907581, 907582, and 907583

- 2nd flight: Sunday, June 29, 2014, for 4 engines: 907588, 907589, 907590, and 907591

- Dimensions: 303”L x 156”W x 152”H each engine

- Weight: 26,093 pounds each engine

- Brian Barnes, The Boeing Company is out contact and can be reached at (425) 220-1840.

Please do not hesitate to contact us for more information if needed. You can reach me at the above phone

numbers or via email.

We thank you for your assistance in this urgent matter

Jacey Fitts

GE90 Product Operations

GE

Aviation

Jacey Fitts

GE90 Product Operations Leader

One Neumann Way

Evendale, OH 45215

USA

T (513) 552-3104

C (513) 240-5805

jacey.fitts@ge.com
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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of Antonov Airlines for an

Emergency Exemption has been served this 17th day of June, 2014, upon each of the

following addressees:

rsilverberg@sgbdc.com; jrichardson@johnlrichardson.com; JCanny@amerijet.com;

rpommer@atlasair.com; john@mietuslaw.com; sascha.vanderbellen@delta.com;

sametta.c.barnett@delta.com; sllunsford@fedex.com; sharon.pasley@fedex.com;

marshall.sinick@squiresanders.com; matwood@cozen.com; lstauffer@wallaceair.com;

nwallace@wallaceair.com; rzerkel@lac.lynden.com; jdavis@lac.lynden.com;

enisson@nac.aero; kevin.montgomery@polaraircargo.com; agoerlich@ggh-airlaw.com;

dan.weiss@united.com; steve.morrissey@united.com; pdoell@naca.cc;

William.S.Schweizer@faa.gov; herb.herzog@faa.gov; patrick.crowley@faa.gov

Jonathan Echmalian