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-2017- APPLICATION OF ANTONOV AIRLINES FOR AN EMERGENCY EXEMPTION Communications with respect to this document should be sent to: Sheryl R. Israel Patrick R. Rizzi HOGAN LOVELLS US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 +1 202 637 8898 / 5659 sheryl.israel@hoganlovells.com patrick.rizzi@hoganlovells.com Counsel for ANTONOV COMPANY t/a ANTONOV AIRLINES October 17, 2017 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.
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of ANTONOV AIRLINES for an emergency exemption pursuant to 49 U.S.C. 40109(g October 17, 2017 Docket DOT-OST-2017- 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 portable power generator units, pallets of bottled water, pallets of cabling, plus additional supplies and accessories, from Homestead Air Reserve Base, Florida (HST, to San Juan, Puerto Rico (SJU, or an alternate airfield in Puerto Rico, using an AN-124-100 aircraft, October 18-21, 2017. Antonov respectfully requests immediate consideration and approval of this application to address urgent requirements for the provision of portable power and drinking water to Puerto Rico, which has been devastated by Hurricane Maria. In support of this application, Antonov states the following: 1. Antonov holds a foreign air carrier permit authorizing it to engage in charter all-cargo foreign air transportation between the United States and any point or points. See DOT Order 2016-10-18.
Page 2 2. Air Partner Inc. ( Air Partner has chartered Antonov to conduct a flight transporting critical hurricane relief cargo to San Juan. 1 Air Partner is acting on behalf of U.S. Customs and Border Protection ( CBP to arrange the timely delivery of two portable power generator units, approximately 63 pallets of bottled water, pallets of cabling, plus additional supplies and accessories, to Puerto Rico. The cargo is consigned to CBP in Puerto Rico. 3. Each generator unit that Antonov has been chartered to transport measures 244 x 94 x 120 and weighs approximately 8,000 lbs. Antonov understands that this cargo cannot be accommodated by any freighter aircraft operated by U.S. air carriers. Therefore, it needs to be transported using Antonov s AN-124-100 aircraft. However, Air Partner has chartered an AN-124-100 to perform this flight not only because of the ability of the airplane to accommodate such outsized cargo, but also because of the significant capacity of the aircraft and the ability to load and unload the aircraft without use of additional high-loader type equipment. In light of the urgent, ongoing nature of airlift operations that are providing much-needed relief cargo to Puerto Rico, use of the entire capacity of a single AN-124-100 flight is warranted to maximize the volume of cargo that can be sent to CBP in Puerto Rico and the speed with which this volume of cargo can be delivered. 4. In light of the urgent need to deliver these generators, drinking water pallets, and other supplies to CBP, Air Partner has requested that Antonov conduct the 1 To eliminate the potential need for Antonov to request and the Department to approve an amendment, Antonov requests the flexibility to serve an alternate airfield in Puerto Rico to account for the possibility that it might be prevented from operating to SJU based on operational restrictions or might be asked by the charterer to fly to an alternate airfield.
Page 3 HST-SJU flight as soon as possible. It is currently scheduled to depart on Thursday, October 19, 2017. 2 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 outsized generators, drinking water, and additional supplies and accessories to Puerto Rico is necessary to support CBP s activities in this U.S. territory, which has been devastated by Hurricane Maria. Transportation of the outsized portable generator units by a U.S. air carrier is not possible, and transportation by ocean freighter would take too long. It is therefore critical that Antonov be authorized to use an AN-124-100 aircraft to address the need for delivery of these generators, pallets of water, and additional supplies and accessories to Puerto Rico 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. Hurricane Maria struck Puerto Rico with Category 4 winds and heavy rain last month and left the entire island without power and communications services, and without adequate supplies of drinking water, creating an extremely dangerous and urgent situation for its residents. CBP needs portable power generating capability and drinkable water to be airlifted to the island on an expedited basis in support of its activities on the island. Because the generator units required by CBP are too large to be carried by civil aircraft 2 Antonov intends to return an AN-124-100 aircraft to HST on October 18, 2017 immediately following the completion of a similar HST-SJU flight that was approved by Notice of Action Taken dated October 13, 2017 (Docket DOT-OST-2017-0157, and the additional HST-SJU flight is expected to depart the following morning. Antonov requests a period of validity of October 18-21, 2017, to account for circumstances accelerating or delaying the flight schedule.
Page 4 operated by U.S. carriers, 3 the only way to address this emergency is for these outsized pieces to be transported using AN-124-100 aircraft. The volume of water and other supplies that are needed on an expedited basis also warrants use of the AN-124-100. 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 vital portable power generators needed to support CBP s activities in Puerto Rico will be unnecessarily delayed, which would impede the ability of CBP to maintain the services and activities it is currently providing in this U.S. territory. 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 Antonov has operated numerous outsized cargo charters to and from the United States since 1991. As noted above, Antonov now holds a foreign air carrier permit, which was issued by DOT Order 2016-10-18. 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 multiple occasions where AN-124-100 aircraft were similarly needed to deliver outsized cargo, including hurricane relief cargo, on an emergency basis. The Department has consistently found that approval of such 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.
Page 5 requests is in the public interest. See Notice of Action Taken dated October 13, 2017 (Docket DOT-OST-2017-0157, granting exemption authority to Antonov for a HST-SJU flight carrying identical cargo, which will immediately precede the flight that is the subject of this exemption application. See also Notice of Action Taken dated September 22, 2017 (Docket DOT-OST-2017-0125 (authorizing Antonov to carry an outsized truck and other Hurricane Maria relief equipment from Miami to San Juan; Notices of Action Taken dated October 4, 10 and 13, 2017 (Docket DOT-OST-2017-0137 (authorizing Antonov to carry outsized utility/construction vehicles and helicopters from Fort Worth and Orlando to Ceiba in support of power restoration efforts in Puerto Rico; Notice of Action Taken dated October 13, 2017 (Docket DOT-OST-2017-0158 (authorizing Antonov to carry outsized portable power generators from Jacksonville to San Juan; DOT Order 99-8-19 (confirming exemption approvals that allowed Antonov to conduct multiple cabotage flights to Puerto Rico following Hurricane Georges in October 1998. 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 Air Partner and CBP that Antonov will be permitted to transport the cargo on the required date.
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 two outsized portable power generator units, pallets of bottled water, pallets of cabling, and additional supplies and accessories, from Homestead Air Reserve Base, Florida (HST, to San Juan, Puerto Rico (SJU, or an alternate airfield in Puerto Rico, October 18-21, 2017, 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 Patrick R. Rizzi HOGAN LOVELLS US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 +1 202 637 8898 / 5659 sheryl.israel@hoganlovells.com patrick.rizzi@hoganlovells.com Counsel for ANTONOV COMPANY t/a ANTONOV AIRLINES
CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Application of Antonov Airlines for an Emergency Exemption has been served this 17 th day of October, 2017, upon each of the following addressees: pmurphy@lopmurphy.com; rsilverberg@sgbdc.com; jjohnson@sgbdc.com; JCanny@amerijet.com; rpommer@atlasair.com; john@mietuslaw.com; alex.krulic@delta.com; chris.walker@delta.com; sllunsford@fedex.com; sharon.pasley@fedex.com; matwood@cozen.com; lstauffer@wallaceair.com; nwallace@wallaceair.com; rzerkel@lac.lynden.com; jdavis@lac.lynden.com; mlbenge@zsrlaw.com; mwiegele@nac.aero; kevin.montgomery@polaraircargo.com; dan.weiss@united.com; steve.morrissey@united.com; pdoell@naca.cc; Juan.Rivera@faa.gov; Jose.R.Benavides@faa.gov; Phillip.Kathmann@faa.gov Jonathan Echmalian