BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Amendment to Application of 

Silk Way Airlines Limited Liability Company 

for a foreign air carrier permit pursuant 

to 49 U.S.C. § 41302 and an exemption 

pursuant to 49 U.S.C. § 40109(c) 

to engage in cargo charter service 

between the Republic of Azerbaijan 

and the United States 

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Docket OST 2007-28603 

Docket OST 2007-28604 

MOTION FOR LEAVE TO FILE AND RESPONSE 

TO ANSWERS OF KALITTA AIR LLC AND NATIONAL AIRLINES TO 

AMENDMENT TO APPLICATION OF SILK WAY AIRLINES LIMITED LIABILITY 

COMPANY 

FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION 

Communications with respect to this document should be sent to: 

Zaur Akhundov 

President 

Shamsaddin Mirsalayev 

Director 

Silk Way Airlines Limited Liability Company 

Heydar Aliyev International Airport 

AZ I 044 Baku, Republic of Azerbaijan 

Dated: March 31, 2015 

Glenn P. Wicks 

Ekaterina A. Grimes 

The Wicks Group, PLLC 

733 I 01

h Street, NW, Suite 3002 

Washington, DC 2000 I 

(202) 457-7790 

gpwicks@wicks-group.com 

For Silk Way Airlines 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Amendment to Application of 

Silk Way Airlines Limited Liability Company 

for a foreign air carrier permit pursuant 

to 49 U.S.C. § 41302 and an exemption 

pursuant to 49 U.S.C. § 40109(c) to engage in 

cargo charter service 

between the Republic of Azerbaijan 

and the United States 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

______________________________ ) 

Docket OST 2007-28603 

Docket OST 2007-28604 

MOTION FOR LEAVE TO FILE AND RESPONSE 

TO ANSWERS OF KALITT A AIR LLC AND NATIONAL AIRLINES TO 

AMENDMENT TO APPLICATION OF SILK WAY AIRLINES LIMITED LIABILITY 

COMPANY 

FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION 

On June 25, 2007 "Silk Way" Airlines Limited Liability Company ("Silk Way 

Airlines" LLC" or "Silk Way Airlines" or "Silk Way") applied for a foreign air carrier permit 

and an exemption "authorizing it to engage in charter cargo air transportation operations 

(1) between any point or points in Azerbaijan and any point or points in the United States; and 

(2) between 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 agreements, rules and 

regulations" (see Dockets DOT-OST-2007-28603 and DOT-OST-2007-28604). Pending the 

grant to the Republic of Azerbaijan of the category 1 status under the US Federal Aviation 

Administration ("FAA") IASA program, the referenced applications submitted by Silk Way have 

not been acted upon by the Department. Following the grant to the Republic of Azerbaijan of the 

category 1 status under the FAA IASA program, on February 17, 2015, Silk Way submitted an 

Amendment to its docketed applications referenced above. The purpose of the Amendment was 

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to update the evidentiary information contained in the applications and the exhibits thereto and 

request action on the long-standing applications that could not have been acted on prior to the 

grant to Azerbaijan of the FAA Category 1 status. 

On March 4, 2015 and March 10,2015, respectively Kalitta Air LLC 

(hereinafter "Kalitta") and National Airlines (hereinafter "National") submitted their 

Answers objecting to the referenced Amendment. 

Silk Way hereby motions the Department for leave to file its response to the 

referenced objections, and states as follows: 

1. Kalitta and National assert objections that are based upon those raised in 

Docket DOT-OST-2014-0111 . As such, Silk Way has already responded to them. Namely, 

the allegation that "comity and reciprocity does not exist for US carriers in Azerbaijan" is 

incorrect. Silk Way will avoid repeating the same evidence that has already been provided 

on the point. See e.g., Answers of Silk Way West Airlines in Docket DOT-OST-2014-0111. 

Silk Way emphasizes that the evidence offered in Docket DOT-OST-2-14-0111 supports the 

conclusions that (1) US carriers, including the two objecting carriers in particular, have 

continuously and for many years been granted multiple opportunities to operate flights, 

including third-country flights, in and out of Azerbaijan; (2) the commercial concerns 

alleged by the two complaining carriers are nothing but normal market conditions based on 

utilization similar to those found at multiple other airports worldwide; and (3) if there is any 

imbalance in the principles of comity and reciprocity in the bilateral relations between US 

and Azerbaijan, it is strikingly in favor of US carriers (Kalitta itself admitting to operating at 

least 130 flights in and out of Baku while Silk Way is yet to obtain authority to operate even 

one flight). 

2. Silk Way stresses that its Application is for the basic underlying Permit and 

Exemption authority for all cargo charter operations that formulates the service proposal in a 

fairly standard formula citing charter cargo air transportation operations 

between any point or points in Azerbaijan and any point or points in the United States; and 

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between 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 agreements, rules and 

regulations. Silk Way further states that it will primarily utilize Ilyushin IL-76TD-90 

equipment for its proposed U.S. operations. 

Notably, Kalitta and National conveniently omit the reference to "pertinent 

national, bilateral and international agreements, rules and regulations" from their citations of 

the authority requested by Silk Way. At the same time, it is perfectly clear to anyone who is 

familiar with the market of charter cargo transportation, as well as with the well-established 

precedent of Ilyushin IL-76TD-90 charter operations applied for and approved by the 

Department, that each and every specific charter, or series thereof, is applied for, polled with 

US carriers, and acted on by the Department, in a separate Statement of Authorization 

proceeding whereby US carriers get real time opportunity to assess the submitted 

applications, and determine whether they are capable of carrying the cargo proposed for 

transportation under those applications. Based on the nature, capability and technical 

characteristics of the aircraft, the Department precedent is that IL-76TD-90 is predominantly 

approved to transport cargo that cannot be carried by US civil-certified cargo aircraft. Given 

ample long-standing precedent on such charter applications, it is almost bizarre, and 

certainly frivolously and unnecessarily hostile, for National and Kalitta to be objecting to the 

basic application for an exemption and a foreign air carrier permit by a carrier from a 

country that they have been continuously operating to and from for many years. 

3. Procedurally, Kalitta and National also raise questions related to (1) the 

posting of a reciprocity confirmation from the Azerbaijan aviation authority on the 

Department's docket; and (2) the application of the streamlined procedure to Silk Way's 

application that would allow the Department to essentially process Silk Way's applications 

for an Exemption and Foreign Air Carrier Permit initially submitted in two separate dockets 

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within the structure of the August 23, 2005 Notice in Docket OST-2005-22228 (the 

"Streamlined Licensing Procedures Notice"). 

In response, as was earlier explained in relation to Silk Way West's 

applications, as is customary for applications for initial basic authority, the letters of 

designation that also contained applicable statements of reciprocity, have been issued by the 

State Civil Aviation Administration (SCAA) of Azerbaijan and transmitted through 

diplomatic channels directly to the Department. However, in the absence of an instruction 

to the contrary from the Department in response to Silk Way's inquiry, Silk Way is 

attaching hereto copies of the initial SCAA letters of designation and reciprocity as were 

originally transmitted to the Department through diplomatic channels in conjunction with 

Silk Way's and Silk Way West's applications pending in the respective dockets. Following 

issuance of the carriers' applicable authorities, routine reciprocity confirmations for 5th, 6th 

and 71h freedom authority will be submitted by the SCAA in due course as the carriers start 

their operations. With respect to the application of the Streamlined Licensing Procedures to 

the application in question, Silk Way states that since the actual Statement of Authorization 

applications related to actual flights will be subject to applicable procedures, and will be 

decided on their merits in each given case anyway, it does not see much rationale behind 

Kalitta's and National's objection to the application of the streamlined procedure to the 

basic exemption and permit application - beyond the attempt to dig up yet another 

imaginary " issue" in their unwarranted and rabidly hostile campaign against the Azeri 

earners. 

******* 

WHEREFORE, Silk Way 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. Silk Way 

further respectfully requests that the Department act expeditiously, and not allow the 

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frivolous allegations by just two plaintive carriers to disrupt and derail the ongoing bilateral 

undertakings between the United States and Azerbaijan striving for an open skies bilateral 

regime. 

Respectfully submitted, 

GLENN P. WICKS 

Counsel for Silk Way Airlines 

EKATERINA A. GRIMES 

Consultant for Silk Way Airlines 

6 
ATTACHMENT 1 
AZ9RBAYCAN RESPUBLIKASININ 

D0VL8T MOLKI A VIAS IVA ADMINISTRASIYASI 

REPUBLIC OF AZERBAIJAN 

STATE CIVIL AVIATION ADMINISTRATION 

' · "'7 tl ( .,... _J II _!,_ c. <:.· 20 ( Yil 

NQ /~I I Y3u1. / 

"Silk Way Airlines" designation 

Department of Transportation 

United States of America 

The State Civil Aviation Administration of the Republic of Azerbaijan 

hereby presents its compliments to the Department of Transportation of the 

United States of America, and has the honor to confirm to the Government of 

the United States of America the designation by the State Civil Aviation 

Administration of the Republic of Azerbaijan of Silk Way Airlines for charter 

transportations of cargo between any point or points in the Republic of 

Azerbaijan and any point or points in the United States of America, as well as 

any point or points in the United States of America and any point or points in a 

third country or countries subject to pertinent national, bilateral and international 

rules and regulations. 

The State Civil Aviation Administration of the Republic of Azerbaijan 

hereby further confirms that it will follow the principles of comity and reciprocity 

in treating any applications from US Carriers for similar authority as noted 

above. 

The State Civil Aviation Administration of the Republic of Azerbaijan avails 

itself of this opportunity to renew to the Department of Transportation of the 

Unites States of America its assurances of highest esteem and confirms its 

commitment to successful completion of the ongoing bilateral process and 

further development of the bilateral air transportations relations between the 

United States of America and the Republic of Azerbaijan. 

Hajiaga Aliyev 

Deputy Direct 

Tel I Faks. (994 12) 598 51 91 I E·iJnvan· hq@caa.gov az 

A.z9rbaycan Respubh~ t. AZ1095. Bokt ~ohori. Az3dltq prospoktt 11 

www caa.gov az Tel I Fa• (994 12) 598 51 91 I E·ma•l. hq@caa gov.az 

Baku A.z1095. A.zadhq avenue . 11 . Ropubhc of AzerbaiJan 
AZaRBAYCAN RESPUBLiKASININ 

DOVLaT MOLKi AViASiYA ADMiNiSTRASIYASI 

REPUBLIC OF AZERBAIJAN 

STATE CIVIL AVIATION ADMINISTRATION 

.__ (. 20 / Yi1 

NQ / Y,IIY:3-1 Department of Transportation 

United States of America 

"Silk Way West Airlines" designation 

The State Civil Aviation Administration of the Republic of Azerbaijan hereby 

presents its compliments to the Department of Transportation of the United States of 

America, and has the honor to confinn to the Government of the United States of 

America the designation by the State Civil Aviation Administration of the Republic of 

Azerbaijan of "Silk Way West Airlines" for scheduled cargo air transportation services 

between any point or points in the Republic of Azerbaijan, via intermediate points, and 

any point or points in the United States of America, as well as for charter transportation 

of cargo between any point or points in the Republic of Azerbaijan and any point or 

points in the United States of America, as well as any point or points in the United States 

of America and any point or points in a third country or countries subject to pertinent 

national, bilateral and international rules and regulations. 

The State Civil Aviation Administration of the Republic of Azerbaijan hereby 

further confirms that it will follow the principles of comity and reciprocity in treating any 

applications from US Carriers for similar authority as noted above. 

The State Civil Aviation Administration of the Republic of Azerbaijan avails itself 

of this opportunity to renew to the Department of Transportation of the Unites States of 

America its assurances of highest esteem and confirms its commitment to successful 

completion of the ongoing bilateral process and further development of the bilateral air 

transportations relations between the United States of America and the Republic of 

Azerbaijan. 

Hajiaga Aliyev 

Deputy Di 

Tel./ Faks· (994 12) 598 51 91 I E·iinvan: hq@caa.gov.az Azorbaycan Respublikosr. AZ1095, Bakr ~ohor , Azadlrq prospektr, 11 

www.caa gov.az Tel./ Fax: (994 12) 598 51 91 I E-mail: hq@caa.gov.az 

Baku, Az 1095, Azadliq avenue, l1 , Republic of Azerbaijan 
AZ8RBAYCAN RESPUBLIKASININ 

D0VL8T MOLKI A VIAS IVA ADMINISTRASIYASI 

REPUBLIC OF AZERBAIJAN 

STATE CIVIL AVIATION ADMINISTRATION 

Department of Transportation 

United States of America 

"Silk Way West Airlines" designation 

The State Civil Aviation Administration of the Republic of Azerbaijan hereby presents its 

compliments to the Department of Transportation of the United States of America, and has the honor to 

reconfirm to the Government of the United States of America the designation by the State Civil Aviation 

Administration of the Republic of Azerbaijan of Silk Way West Airlines for scheduled cargo air 

transportation services between any point or points in the Republic of Azerbaijan, via intermediate points. 

and any point or points in the United States of America, as well as for charter air transportation of cargo 

between any point or points in the Republic of Azerbaijan and any point or points in the United States of 

America. as 'vVell as any point or points in the United States of America and any point or points in a third 

country or countries subject to pertinent national, bilateral and international rules and regulations. 

T he State Civil Aviation Administration of the Republic of Azerbaijan also hereby relates its 

appreciation of the Department ofTransportation recent grant to Silk Way West Airlines of the authority to 

operate scheduled air cargo transportation between Baku, Azerbaijan and New York, New York, and 

requests that the granted authority be expanded to allow Silk Way West Airlines to operate scheduled air 

transpot1ation of cargo on the following routing: Baku- Hong Kong- Chicago- New York- LuxembourgBaku, with no US domestic cargo transportation between the points of Chicago and New York. 

Additionally. to the extent possible. the State Civil Aviation Administration ofthe Republic of Azerbaijan 

states its support of Silk Way West Airlines· request that the Department consider its requested expanded 

authority through expedited processing. 

The State Civ il Aviation Administration of the Republic of Azerbaijan hereby further confirms that 

it will follow the principles of comity and reciprocity in treating any applications from US Carriers for 

similar authority as noted above, including expedited processing should such processi ng be requested. 

The State Civil Aviation Administration of the Republic of Azerbaijan avails itse lf of this 

opportunity to renew to the Department of Transportation of the Unites States of America its assurances of 

highest esteem and confirms its commitment to successful completion of the ongoing bilateral process and 

further development of the bilateral air transportations relations between the United States of America and 

the Republic of Azerbaijan. 

Hajiaga Aliyev 

Deputy Director 

Tel. / Faks: (994 12) 598 51 91 I E-unvan: hq@caa.gov.az 

Azartlaycan Respublikas1. ·AZ1095. Bak1 ~ahan, Azadilq prospekti, 11 

www.caa.gov.az 

\ 

I 

I 

J 

/ 

Tel./ Fax: (994 12) 598 51 91 I E-mail: hq@caa.gov.az 

Baku, Az1095. Azadliq avenue, 11 , Republic of Azertlaitan 
CERTIFICATE 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@delta.com 

sametta.c.bamett@delta.com 

chris. walker@delta.com 

dshort@fedex.com 

sllunsford@fedex.com 

nssparks@fedex.com 

gbleopard@fedex.com 

msinick@ssd.com 

enisson@nac.aero 

mwiegele@nac.aero 

kevin.montgomery@polaraircargo.com 

peter. beckett@polaraircargo.com 

dan. weiss@coair.com 

dan. weiss@united.com 

pdoell@naca.cc 

robert. wirick@aa.com 

francis.heil@aa.com 

howard kass@usairways.com 

rsilverberg@sgbdc.com 

j johnson@sgbdc.com 

jrichardson@johnrichardson.com 

mriordan@jolmrichardson.com 

jcanny@amerijet.com 

j ohn@mietuslaw .com 

rpommer@atlasair.com 

matwood@cozen.com 

nwallace@wallaceair.com 

agoerlich@ggh-airlaw .com 

dhainbach@ggh -air law .com 

rzerkel@lac.lynden.com 

jdavis@lac.lynden.com 

Ekaterina A. Grimes 

TGillies@southemair.com 

info@airlineinfo.com 

anita.mosner@hklaw .com 

jennifer.nowak@hklaw.com 

dsmalls@ups.com 

slachter@cozen.com 

pmurphy@lopmurphy.com 

kleake@ggh-airlaw .com 

EngleTS@state.gov 

Dated: March 31,2015