BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) Application of ) ) Limited Liability Company "Cavok Air" ) Docket OST 2014- ) for a foreign air carrier permit pursuant ) to 49 U.S.C. § 41302 and an exemption ) pursuant to 49 U.S.C. § 40109(c) ) ) APPLICATION OF LIMITED LIABILITY COMPANY "CAVOK AIR" FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION
Communications with respect to this document should be sent to: MYKHAILO MATIUSHENKO GLENN P. WICKS General Director EKATERINA A. GRIMES LIMITED LIABILITY COMPANY THE WICKS GROUP, PLLC "CAVOK AIR" 3 Obolonska Naberezhna 733 l O th Street, NW, Building 3, Suite 2 Suite 3002 Kyiv, Ukraine 04210 Washington, DC 20001 (202) 457-7790 gpwicks(c

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For: LIMITED LIABILITY COMPANY"CAVOK AIR°°

Dated: September 17, 2014 NOTICE: Any person who wishes to support or oppose this application must file an answer within 21 calendar days thereof, or by October 8, 2014, and serve that answer on Limited Liability Company "Cavok Air" and on all persons served with this application.BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) Application of )

) Limited Liability Company "Cavok Air" ) Docket OST 2014-

) for a foreign air carrier permit pursuant ) to 49 U.S.C. § 41302 and an exemption ) pursuant to 49 U.S.C. § 40109(c) )

) APPLICATION OF LIMITED LIABILITY COMPANY "CAVOK AIR" FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION Pursuant to 49 U.S.C. § 41302, (representing the recodified version of Section 402 1/ of the Federal Aviation Act of 1958 ("Act"), as amended), 49 U.S.C. § 40109(c) (representing the recodified version of Section 416 2/ of the Act), Part 211 of the Department of Transportation's ("Department") Economic Regulations, and Subpart B of the Department's Rules of Practice, Limited Liability Cornpany "Cavok Air" (hereinafter "Cavok Air" or "Cavok") hereby applies for a foreign air carrier permit and an exemption to engage in charter air transportation of cargo between any point or points in Ukraine and any point or points in the United States, as well as any point or points in the United States and any point or points in a third country or countries subject to pertinent national, bilateral and international rules and regulations. Cavok Air intends to start operating the requested

1 / Public Law 103-272, enacted July 5, 1994, revised and recodified the Act within Subtitle VII of Title 49, United States Code (Transportation). The provisions of section 402 of the Act are now contained in 49 U.S.C. § 41302. Under the recodification, the terms of section 402 were not substantively changed. 2 / Public Law 103-272, enacted July 5, 1994, revised and recodified the Act within Subtitle VII of Title 49, United States Code (Transportation). The provisions of section 416 of the Act are now contained in 49 U.S.C. § 40109(c). Under the recodification, the terms of section 416 were not substantively changed.

-2-services as soon as the Department permits them. Cavok Air intends to operate both its

Antonov AN-74TK-100 and Atonov AN-12 equipment. Cavok Air may further expand the proposed services using other aircraft in the future.

Cavok Air respectfully requests that this application be decided on the basis of written submissions pursuant to 14 C.F.R. § 302.207, and that the Department grant this application by proceeding directly to a final order as set forth in 14 C.F.R. § 302.210(a)(2).

Cavok Air hereby invokes the Department's August 23, 2005 Notice in Docket OST-2005-22228 (the "Streamlined Licensing Procedures Notice") and requests that its instant application for a foreign carrier permit and an exemption be processed and acted on by the Department pursuant to the Streamlined Licensing Procedures set forth by the referenced Notice.

In support of this permit and exemption application, Cavok Air submits as follows: 1. The full name and address of Cavok Air is:

Limited Liability Company "Cavok Air" 3 Obolonska Naberezhna, Building 3, Suite 2, Kyiv, 04210 Ukraine 2. The air transport authorities of Ukraine having regulatory jurisdiction over Cavok Air's air transport operations are:

The State Aviation Administration of Ukraine 14 Peremogy Avenue, 01135 Kyiv, Ukraine 3. Limited Liability Company "Cavok Air" ("Cavok Air" or "Cavok") is a company initially founded and registered as a legal entity on October 21, 2011 under the applicable laws of Ukraine (Legal Entity ID No. 37949734). Currently 100% of Cavok Air's shares are held privately, as is shown further in Exhibit CVK-4.

Cavok Air started operations as a charter cargo carrier in April of 2012, when its Air Operator Certificate was initially issued to it by the State Aviation Administration of Ukraine ("SAAU"). Cavok Air is currently operating one Antonov AN-74TK-100 and four

-3-Antonov AN-12 aircraft. Cavok Air's Air Operator Certificate (AOC No. UK 035) was

most recently issued to it by SAAU on April 18, 2013. A copy of Cavok Air's Air Operator Certificate may be found in Exhibit CVK-8 attached hereto. Cavok Air is registered with the International Civil Aviation Organization ("ICAO"). Its ICAO-assigned code is CVK.

4. Cavok Air requests a foreign air carrier permit authorizing it to engage in charter air transportation of cargo between any point or points in Ukraine and any point or points in the United States, as well as any point or points in the United States and any point or points in a third country or countries subject to pertinent national, bilateral and international rules and regulations.

5. Cavok Air is fit, willing, and able to operate the services proposed by this application, as is evidenced by its operational history and other evidentiary materials contained in Exhibits CVK-1 through CVK-18 attached hereto.

6. Cavok Air's insurance coverage satisfies the requirements set forth in 14 C.F.R. Part 205. See Exhibit CVK-7.

7. Cavok Air will initially utilize Antonov AN-74TK-100 and Atonov AN-12 equipment for its proposed U. S. operations. All of the aircraft Cavok Air intends to operate to the United States are registered in Ukraine. Routine and base maintenance of Cavok Air's aircraft is performed by contracted maintenance organizations approved by the Ukrainian SAAU under Ukraine aviation rules. Cavok Air will also enter into appropriate contracts in the United States for line maintenance of its aircraft used for US operations as necessary in the near future.

Ukraine is a contracting state to the Convention on International Civil Aviation ("Chicago Convention"). Cavok Air's aircraft are maintained in compliance with ICAO Armexes 1, 6(Part 1), and 7. In addition, Cavok Air's aircraft conform to respective type designs approved by the State of the Manufacturer and have been issued civil airworthiness certificates in accordance with the provisions of ICAO Annex 8.

'~Oversight over continuous airworthiness of Cavok Air's aircraft is performed under

the applicable regulations of Ukraine as the state of the operator and of the registry of the aircraft as set forth in Annexes 1, 2 5 6 and 8 to the Chicago Convention.

8. Cavok Air's proposed services that are the subject of this application are within the scope of the current bilateral relations between the Govenunent of the United States and the Government of Ukraine, as further described in Exhibit CVK-16 hereto. Furtllermore, Cavok Air has been formally designated by the State Aviation Administration of Ukraine to operate charter cargo services as described in this Application.

9. Cavok Air is qualified to operate to the United States. As this permit and exemption application, and appended exhibits demonstrate, Cavok Air has assembled an experienced team of individuals to manage and develop the unique market opportunities associated with the establishment of its U.S. service. Cavok Air has the financial and technical resources to maintain its domestic and international service. Cavok Air has accumulated substantial operating experience over its years of operations. See Exhibit CVK-9. 10. A grant of Cavok Air's instant application is in the public interest as Cavok Air will provide the much needed cargo services in the U.S.-Ukraine aviation market. Cavok Air represents a high quality operation that is capable of implementing a fairly unique cargo charter operation to the U.S.-Ukraine market. As such, the Department should act expeditiously in granting the authority requested herein by Cavok Air. As was stated above, a grant of the requested authority is also consistent with the bilateral undertakings between the United States and Ukraine. 11. A grant of Cavok Air's application would not constitute a"major regulatory action" under 14 C.F.R. Part 313. Specifically, Cavok Air's annual fuel consumption will not exceed 10 million gallons. Thus, a grant of the permit application will not constitute a"major regulatory action" within the lneaning of Section 102(2)(c) of the

-5-National Environinental Policy Act as implemented by 14 C.F.R. § 313.4. As a result,

Cavok Air is not required to submit additional information about the energy consumption and energy efficiency consequences of its service proposal.

WHEREFORE, Cavok Air respectfully requests that the Department grant this request for a foreign air carrier permit and exemption, or such other or further relief as the Department determines to be appropriate and consistent with the public interest. Respectfully submitted, 

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GLENN P. WICKS Counsel for Cavok Air

EKATERINA A. GRIMES Consultant for Cavok Air



# mCERTIFICATE OF SERVICE I hereby certify that I have on this day served a copy of the foregoing document upon each of the following electronic mail addresses: sascha.vanderbellen(

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Ekaterina A. Grimes Dated: September 17, 2014