Application of Antonov Airlines for an Emergency Exemption

DOT-OST-2023-0086-0001

Application-Other

May 25, 2023

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Application of Antonov Airlines respectfully requesting expedited consideration and approval of this application, which is necessary to allow the transportation of a broadband satellite to Cape Canaveral on time for a launch that is scheduled to occur on June 11, 2023.

Organization: Cozen O'Connor

05:02 PM

Department of Transportation re: Polskie Linie Lotnicze LOT S.A. (LOT) and Amerijet International, Inc.

DOT-OST-2023-0073-0002

Agency Response

May 25, 2023

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10:32 AM

Notice of Action Taken re: Antonov Airlines

DOT-OST-2023-0085-0002

Decision

May 25, 2023

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Action: Approved.
Action date: May 25, 2023
Effective dates of authority granted: May 25-30, 2023.
Basis for approval: We are granting Antonov’s request to operate the proposed one-way flight (described above), on behalf of Boeing. We found that its request met all the relevant criteria of 49 USC § 40109(g) for the grant of an exemption of this type, and that the grant was required in the public interest. Specifically, we were persuaded that the need to move the outsized Boeing B767 upper lobe section and other cargo to prevent a potential B767 Tanker aircraft production line closure for Boeing; the other potential negative impacts of delivery delay; and the unique, outsized nature of the B767 upper lobe section constituted an
emergency not arising in the normal course of business. Moreover, based on the representations of the U.S. carriers, we concluded that no U.S. carrier had aircraft available that could be used to conduct the operation at issue here. We also found that grant of this authority would prevent unreasonable hardship to Boeing and its customers. Finally, we found that the applicant was qualified to perform its proposed operation

10:32 AM