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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-2013-_______

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

April 15, 2013

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-2013-_______

April 15, 2013

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 two outsized

aircraft wing panel shipping frames, plus ancillary equipment, from Detroit, Michigan to

Ontario or Riverside, California1on or about April 19, 2013,

2

using its AN-124-100

aircraft. Antonov respectfully requests expedited consideration and immediate approval

of this application to address a pressing commercial requirement of The Boeing

Company (“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).

1

Although the original intention was to operate this flight to Riverside, CA, the current plan

is to operate the flight to Ontario, CA due to operational restrictions at Riverside.

2

Antonov requests that the exemption remain effective through April 21, 2013 to account

for unforeseen production or flight delays.
Application of Antonov Airlines

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2. Boeing Commercial Aircraft has chartered Antonov to transport two

outsized aircraft wing panel shipping frames from Detroit to Ontario or Riverside to meet

production line deadlines. These frames are needed to secure wing panels that will

subsequently be transported to Boeing’s production facilities in Everett, Washington.

Boeing has requested that Antonov transport the aircraft wing panel shipping frames on

or about April 19, 2013. The measurements of the units are: (a) 453” x 164” x 8”,

2,500 lbs.; and (b) 288” x 164” x 6”, 1,400 lbs. Pieces of these lengths and widths

cannot be accommodated by any freighter aircraft operated by U.S. carriers. As a result,

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

3. As explained in the attached support letter from Boeing, air transportation

of these aircraft wing panel shipping frames from Detroit to Ontario or Riverside is

necessary for subsequent shipment of wing panels to the Boeing production facilities in

Everett. Transportation of the aircraft wing panel shipping frames by AN-124-100 is

necessary to minimize shipping time and ensure that Boeing production line activities

and aircraft deliveries will not be unduly delayed. Failure to deliver the frames on time

would impose severe financial penalties on Boeing and its customers.

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 aircraft wing panel shipping frames by air will allow a major American airplane

manufacturer to maintain production line activities as efficiently as possible and meet

airplane delivery commitments to its customers. Surface transportation of the frames is

not an economical or desirable option given the distance between Michigan and

California, coupled with the complications and permitting requirements associated with

the truck movement of such large units. Boeing must take every possible step to avoid
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production line delays and meet its delivery commitments. Accordingly, it is critical that

Antonov be authorized to use an AN-124-100 aircraft to address Boeing’s requirements

and deliver the aircraft wing panel shipping frames to California without delay.

b. Approval of the requested exemption authority is necessary to

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

needs to transport large aircraft wing panel shipping frames from Detroit to Ontario or

Riverside to enable subsequent wing panel deliveries to Boeing’s production facilities in

Everett, Washington. The sheer size of each frame, coupled with the distance between

Michigan and California, forecloses the possibility of transporting these units on a

reasonably timely basis using surface transportation. In order to avoid unnecessary and

costly delays, the aircraft wing panel shipping frames 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 aircraft wing panel shipping

frames 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 the aircraft wing panel shipping frames from Detroit to

Ontario or Riverside will be unnecessarily delayed, adversely impacting Boeing’s

production line and commercial aircraft 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

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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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.

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 engine products, on an emergency basis. In these instances, the

Department has consistently found that approval of such requests is in the public

interest. See, e.g., Notice of Action Taken dated March 12, 2013 (Docket DOT-OST2013-0047); 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 DOTOST-1997-3284).

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 expeditious processing

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

assurances to Boeing that Antonov will be permitted to transport these aircraft wing

panel shipping frames on or about April 19, 2013, as required.
Application of Antonov Airlines

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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 two outsized aircraft wing panel shipping frames,

plus ancillary equipment, from Detroit, Michigan to Ontario or Riverside, California,

April 19-21, 2013, 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
To whom it may concern,

This letter confirms the requirement for an outsized cargo aircraft

charter in support of shipping aircraft parts to Boeing Everett

production. Because of time constraints related to meeting the

production schedule and the oversized dimensions of the parts and

shipping fixtures, the Boeing Company has an immediate need for an

air charter. We have explored and eliminated all other conventional

movement methods including air freight, over the road trucking and

rail transportation. Air charter is the only method that can meet our

deadlines and not delay the production line. The AN124 is the only

aircraft capable of handling this size of parts. The charter is required

on or about 19April 2013 from Detroit , MI to Riverside , CA

Regards ,

Kyle Burns

Kyle Burns ,

Transportation Focal

The Boeing Company
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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 15th day of April, 2013, 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; ranjit.seth@evergreenairlines.com;

charters@evergreenaviation.com; anbird@fedex.com; sllunsford@fedex.com;

Msinick@ssd.com; matwood@cozen.com; lstauffer@wallaceair.com;

nwallace@wallaceair.com; JUDY@lac.lynden.com; gwhite@lynden.com;

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

dan.weiss@united.com; steve.morrissey@united.com; mlbenge@zsrlaw.com;

pdoell@naca.cc; William.S.Schweizer@faa.gov; herb.herzog@faa.gov;

patrick.crowley@faa.gov

Jonathan Echmalian