Application

of BEFORE THE DEPARTMENT

OF TRANSPORTATION WASHINGTON,
D.C. ) ) ANTONOV AIRLINES

) Docket DOT-OST-2015- __

_ ) for an emergency exemption pursuant

to

) **_4_9_u_.s_.c_.~§~4_0_10_9~(g~)** ________

) APPLICATION

OF ANTONOV AIRLINES FOR AN EMERGENCY EXEMPTION Communications
with respect
to this document should be sent to: March 16, 2015
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 tla ANTONOV AIRLINES 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. \ \DC- 027074

1 000001

- 6474219
viApplication

of BEFORE THE DEPARTMENT

OF TRANSPORTATION WASHINGTON,
D.C. ) ) ANTONOV AIRLINES

) Docket DOT-OST-2015- __

_ ) for an emergency exemption pursuant

to

) **_4_9~U~.S~.C~-~§~4_0_10_9~(9~)** __________

) March 16, 2015 APPLICATION

OF ANTONOV AIRLINES FOR AN EMERGENCY EXEMPTION Antonov Company

Ua Antonov Airlines ("Antonov") hereby applies for an emergency exemption pursuant

to 49 U.S.C. §§ 401 09(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, March 19-23, 2015, using an AN-124-1
00 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 \ \DC- 027074

1 000001-6474219

viApplication

of Antonov Airlines Page

2 least one (1) but as many as six (6) outsized GEnx-1

B engines
on this flight, depending on how many such engines are available
on the flight date. Each GEnx-1

B engine on a shipping stand measures approximately

21 0" 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-124-1
00 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. GE Aviation has requested that Antonov conduct this flight carrying aircraft engines from Columbus

to Seattle on or about March 20, 2015

1 to 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 setbacks

to the production and subsequent delivery
of Boeing airplanes, which would cause financial harm to GE Aviation, Boeing Antonov requests

a period of validity
of March 19-23, 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. \ \DC- 027074/000001 -6474219

viApplication

of Antonov Airlines Page

3 and their customers. Accordingly, transportation

of the engines
by AN-124-1
00 is warranted

. 5. This application meets all of the relevant criteria for the grant of an exemption under 49 U

. S

. C. § 401 09(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 them 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-124-1
00 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 I IDC-027074100000!-64742!9v!ApplicationofAntonovAirlinesPage4U.S.carriersarecapableofcarryingsuchoutsizedcargo,2theonlywaytoresolvethisemergencyisfortheenginestobetransportedusinganAN-124-100aircraft.c.Thus,grantofthisexemptionapplicationisnecessarytoavoidunreasonablehardshipforthetrafficatissue.Simplyput,unlesstheapplicationisgranted,thetransportationofGEaircraftenginesfromColumbustoSeattlewillbeunnecessarilydelayed,adverselyimpactingGEAviation,Boeingandtheircustomers.6.Antonov'sfitnessandabilitytocarryouttheproposedtransportationhasbeenamplydemonstratedthroughitsconductofnumerousoutsizedcargocharteroperationsoverthepastseveralyears.ByDOTOrder91-10-11,AntonovwasfirstissuedexemptionauthorityjointlywithAirFoyleLtd.,andhasoperatednumerousoutsizedcargocharterstoandfromtheUnitedStatessince1991.Asnotedabove,AntonovholdsindependentexemptionauthoritylastrenewedbyNoticeofActionTakendatedOctober12,2005.7.GrantofthisapplicationisconsistentwithDepartmentprecedent.TheDepartmenthaspreviouslygrantedemergencyexemptionauthoritytopermitAntonovtoconductcommercialflightsbetweenU.S.pointsonnumerousoccasionswhereAN-124-100aircraftweresimilarlyneededtodeliveroutsizedcargo,includingBoeingairplaneandGEAviationengineproducts,onanemergencybasis.TheDepartmenthasconsistentlyfoundthatapprovalofsuchrequestsisinthepublicinterest.See.e.g.,NoticeofActionTakendatedOctober11,2002(DocketDOT-OST-2002-13572);NoticeofActionTakendatedAugust28,2002(DocketDOT-OST-2002-13252);DOTOrder2CounselforAntonovwillcontacttheU.S.operatorsoflargeall-cargoaircraftsetforthintheservicelistattachedtothisapplicationtoverifythateachcarriercannotaccommodatethecargoanddoesnotopposethegrantofthisapplication,andwillpromptlynotifytheDepartmentofthepollingresults.\\DC-027074/00000I-6474219vIApplicationofAntonovAirlinesPage598-3-9;NoticeofActionTakendatedDecember24,1997(DocketDOT-OST-1997-3284).SeealsoNoticesofActionTakendatedNovember14,2006(DocketDOT-OST-2006-26361)INovember30,2006(DocketDOT-OST-2006-26474),December8,2006(DocketDOT-OST-2006-26568),January3,2007(DocketDOT-OST-2006-26749),January23and26,2007(DocketDOT-OST-2007-27029),June18,2014(DocketDOT-OST-2014-0106),February10,2015(DocketDOT-OST-2015-0020),andFebruary27,2015(DocketDOT-OST-2015-0039(grantingAntonovexemptionsforthetransportationofGE90andGEnxaircraftenginesundersimilarcircumstances).8.Section302.311oftheDepartment'sProceduralRegulationsprovidesthattheDepartmentcanactonanemergencyexemptionapplicationimmediately.Inlightoftheexigentcircumstances,AntonovrespectfullyrequestsexpeditiousprocessingandtheimmediategrantofthisemergencyexemptionapplicationinordertoprovideassurancestoGEAviationandBoeingthatAntonovwillbepermittedtotransporttheGEnxaircraftenginesontherequireddate.\\DC.0270741000001-6474219viApplication

of Antonov Airlines Page

6 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, March 19-23, 2015, using an AN-124-1
00 aircraft,
as described herein, and grant such other and further relief as the Department deems
to be consistent with the public interest. 1 \DC. 027074

/ 000001-6474219

vi
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 tla ANTONOV AIRLINESCERTIFICATE

OF SERVICE I hereby certify that
a copy of the foregoing Application

of Antonov Airlines for an Emergency Exemption has been served this 16th day of March, 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.

g ov; patrick. crowley@faa

. g ov Jonathan Echmalian 1\ DC

• 027074

' 000001

• 6474219
vi