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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-2015-_______

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

February 24, 2015

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-2015-_______

February 24, 2015

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 a single one-way all-cargo charter flight transporting up to six (6)

outsized aircraft engines, plus additional engines and ancillary parts and equipment,

from Columbus (Rickenbacker Airport), Ohio to Seattle or Everett, Washington,

February 28-March 4, 2015, using an 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 a flight transporting

outsized GEnx aircraft engines from Rickenbacker Airport to Seattle to offset a Boeing

production line work stoppage situation. GE Aviation has asked Antonov to carry at
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least one (1) but as many as six (6) outsized GEnx-1B engines on this flight, depending

on how many such engines are available on the flight date. Each GEnx-1B engine on a

shipping stand measures approximately 210” x 142” x 149”. Antonov anticipates it could

also be asked to carry GEnx-2B engines on shipping stands measuring approximately

192” x 135” x 147” each. Engines of these dimensions cannot be accommodated by any

freighter aircraft operated by U.S. air carriers. Therefore, they need to be transported

using Antonov’s AN-124-100 aircraft.

3. Although the primary purpose of this flight is to carry as many outsized

GEnx engines as possible, to the extent that unused capacity is available on the aircraft

based on the number of outsized GEnx engines that are ultimately ready for delivery,

GE Aviation has requested that Antonov also carry other aircraft engine types and

ancillary parts and equipment that are also required for Boeing airplane production in the

Seattle area.

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

that Antonov conduct a flight carrying aircraft engines from Columbus to Seattle on or

about March 1, 20151to offset a production line work stoppage created by delayed

engine deliveries from GE Aviation. Air transportation of GEnx engines from

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

the Boeing production facilities in the Seattle area 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

1

Antonov requests a period of validity of February 28-March 4, 2015 to account for the

potential for a slight acceleration in the schedule or for unforeseen flight or engine production

delays. Furthermore, although the flight is currently anticipated to operate to Seattle (SEA)

Antonov requests the flexibility to operate to Everett (PAE) to avoid the need to request a late

notice amendment if that destination is ultimately chosen.
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cause financial harm to GE Aviation, Boeing and their customers. Accordingly,

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

5. 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 American jet aircraft engine and airplane

manufacturers to address production line disruptions as efficiently as possible and will

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 possible step to avoid additional production line delays and meet aircraft

delivery commitments. Accordingly, it is critical that Antonov be authorized to use an

AN-124-100 aircraft to address GE Aviation’s and Boeing’s requirements for the delivery

of these engines to Seattle 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 outsized GEnx commercial aircraft engines from

Columbus to Seattle to address a Boeing production line stoppage created by engine

delivery delays. The sheer size of the engines, coupled with the distance between Ohio

and Washington, forecloses the possibility of transporting these units on an expedited

basis 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
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U.S. carriers are capable of carrying such outsized cargo,2the only way to resolve this

emergency is for the engines to be transported using an 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 Columbus to Seattle will be

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

6. 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

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.

7. 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

2 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.
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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), January 23 and 26, 2007 (Docket DOT-OST-2007-27029),

June 18, 2014 (Docket DOT-OST-2014-0106), and February 10, 2015 (Docket

DOT-OST-2015-0020) (granting Antonov exemptions for the transportation of GE90 and

GEnx aircraft engines under similar circumstances).

8. 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 expeditious processing

and the immediate grant of this emergency exemption application in order to provide

assurances to GE Aviation and Boeing that Antonov will be permitted to transport the

GEnx aircraft engines on the required date.
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WHEREFORE, for the foregoing reasons, Antonov respectfully requests that the

Department issue an emergency exemption permitting Antonov to operate a single oneway all-cargo charter flight transporting up to six (6) outsized aircraft engines, plus

additional engines and ancillary parts and equipment, from Columbus (Rickenbacker

Airport), Ohio to Seattle or Everett, Washington, February 28-March 4, 2015, using an

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
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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 24th day of February, 2015, 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;

charles.donley@squirepb.com; magitlitz@fwia.com; jmaloney@fwia.com;

matwood@cozen.com; lstauffer@wallaceair.com; nwallace@wallaceair.com;

rzerkel@lac.lynden.com; jdavis@lac.lynden.com; mwiegele@nac.aero;

kevin.montgomery@polaraircargo.com; agoerlich@ggh-airlaw.com;

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

herb.herzog@faa.gov; patrick.crowley@faa.gov

Jonathan Echmalian