BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Application of LLCIKAR for a foreign air carrier permit pursuant to 49 U

. S.C. 

### § 41302 and an exemption pursuant to 49 U

. S

.C

. § 40109(c) ) ) ) ) ) ) ) ) Docket OST 2015-

__ _



# ______________________________)
APP LICATION OF LLC IKAR FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION

Communications with respect to this document should be sent to : ANDREY LENGAROV General Director LLC IKAR Yemelyanovo Krasnoyarsk Airport, Bldg 101 Yemelyanovsky Region Krasnoyarsk Territory, 663021, Russia

Dated: May 11,2015 GLENN P. WICKS EKATERINA A

. GRIMES THE WICKS GROUP, PLLC 733 101 h Street NW Suite 3002 Washington, DC 20001 (202) 457-7790 gpwicks @ wicks-group.com ekagrimes @ wicks-group

.com For: LLC IKAR

NOTICE : Any person who wishes to support or oppose this application must file an answer within 21 calendar days thereof , or by June 1, 2015 , and serve that answer on LLC IKAR and on all persons served with this application.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.
Application of LLC IKAR for a foreign air carrier permit pursuant to 49 U.S.C. § 41302 and an exemption pursuant to 49 U.S.C. § 40109(c) ) ) ) ) ) ) ) ) 

## _________________________________) Docket OST 20 15-

____ _

APPLICATION OF LLC IKAR FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION Pursuant to 49 U.S.C. § 41302, (representing the recodified version of Section 4021/ ofthe Federal Aviation Act of 1958 ("Act") , as amended) , 49 U.S.C. § 40109(c) (representing the recodified version of Section 416 

### 'lJ ofthe Act), Part 211 ofthe Department ofTransportation's ("Department") Economic Regulations , and Subpart B ofthe Department's Rules ofPractice, LLC " IKAR" (hereinafter "Ikar Airlines " or " Ikar"), also doing business as Pegas Fly, hereby applies for a foreign air carrier permit to engage in ondemand charter transportation ofpassengers , property and mail between point(s) in the Russian Federation and point(s) in the United States, as well as other charters subject to pertinent national, bilateral and international laws and regulations. Ikar intends to start operating the requested services as soon as the Department permits them

. Ikar intends to operate primarily its Boeing 767-300ER equipment, as well as any other aircraft that are currently in its fleet or as it may later acquire, in conjunction with its contemplated ad hoc charter services to the United States. 

### 11 Public Law 103-272, enacted July 5 , 1994 , revised a nd recodified the Act within Subtitle VII ofTitle 49 , United States Code (Transportation). The provis ions of section 402 ofthe Act are now contained in 49 U .S.C. § 41302. Under the recodification, the terms of section 402 were not substantive!y changed. 2_1 Public Law 103 -272, enacted July 5 , 1994 , revised and recodified the Act within Subtitle VII ofTitle 49, United States Code (Transportation). The provisions of section 416 ofthe Act are now contained in 49 U .S.C. § 401 09(c). Under the recodification, the terms of section 416 were not substantively changed.

- 2-Ikar 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). Ikar hereby invokes the Department's August 23, 2005 Notice in Docket OST2005-22228 (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 ofthis permit application, Ikar submits as follows: 1. The full name and address ofIkar is: LLC " IKAR" Yemelyanovo Krasnoyarsk Airport, Bldg 101 Yemelyanovsky Region Krasnoyarsk Territory, 663021, Russian Federation
2. The air transport authorities of the Russian Federation having regulatory jurisdiction over Ikar's air transport operations are: Ministry ofTransport of the Russian Federation Ill Rozhdestvenka Street, 109012 , Moscow, Russian Federation Ministry ofTransport ofthe Russian Federation Federal Air Transport Agency 37/2 Leningradsky Ave, 125993, Moscow, Russian Federation Ministry ofTransport ofthe Russian Federation Federal Authority for Transport Oversight 37 Leningradsky Ave , 125993, Moscow, Russian Federation 3. Ikar is a limited liability company founded as a legal entity on July 15, 1997, under the applicable laws ofthe Russian Federation, and subsequently re-registered on November 15 , 2002 (Registration Certificate NQ 1 024900625639). 100% oflkar's stock is held privately by Russian citizens, as is to be shown further in Exhibit IKAR-4. Ikar Airlines started its operations in 1993 as a helicopter operator operating a

- 3-fleet of Mil Mi-8 helicopters for aerial cargo operations. In 2013, it leased several passenger aircraft from Nordwind Airlines and, following the requisite recertification process, started flying charter flights to various popular tourist destinations. Ikar currently operates a fleet of
seven (7) Boeing 767-300ER aircraft. lkar holds an Air Operator Certificate (AOC) most recently issued to it by the Ministry ofTransport ofthe Russian Federation on November 6 , 2014. Ikar is registered with the International Civil Aviation Organization ("ICAO"). Its ICAO-assigned code is KAR. Ikar also holds the lATA code IK*. In its operations, lkar Airlines also uses the commercial brand name of"Pegas Fly." A copy oflkar' s Air Operator Certificate may be found in Exhibit IKAR-8 attached hereto. 4. lkar is requesting a foreign air carrier permit and an exemption authorizing it to engage in on-demand charter transportation ofpassengers , property and mail between point(s) in the Russian Federation and point(s) in the United States, as well as between point(s) in the United States and point(s) in a third country or countries subject to terms , conditions and limitations of 14 C.F.R. Part 212 and pertinent national , bilateral and international rules and regulations

. Ikar will utilize primarily its Boeing 767-300ER equipment for the proposed U.S. operations , or such other aircraft as it may have or acquire to conduct the proposed operations

. See Exhibit IKAR-1 0. 5. IKAR is fit, willing, and able to operate the services proposed by thi s application, as is evidenced by its Operational History and other evidentiary materials contained in Exhibits IKAR-1 through IKAR-18 attached hereto. 6. lkar' s insurance coverage sa ti sfies the requirements set forth in 14 C.F.R. Part 205. See Exhibit IKAR-7

. 7. All ofthe aircraft Ikar intends to operate to the United States are registered in Bennuda. Maintenance for Ikar's Boeing 767-300ER aircraft, as well as all other types of aircraft operated by lkar, is performed by appropriately certified maintenance organizations. The Russian Federation is a contracting state to the Convention on



### - 4-International Civil Aviation ("Chicago Convention"). lkar's aircraft are maintained in compliance with ICAO Annexes 1 , 6 (Part 1), and 7. In addition, Ikar's aircraft conform to respective type designs approved by the State ofthe Manufacturer and have been issued civil airworthiness certificates in accordance with the provisions ofiCAO Annex 8. Oversight over continuous airworthiness of lkar's aircraft is performed under the applicable Agreement under Article 83 his of the Chicago Convention between the Russian Federation
as the state ofthe operator ofthe aircraft, and Bermuda as the state ofregistry, whereby Bermuda transfers to Russia functions and duties set forth in Annexes I , 2 and 6 to the Chicago Convention, while retaining the regulatory oversight and control duties set forth in Annex 8, Airworthiness of Aircraft. 8. Ikar's proposed services that are the subject ofthis application are within the scope ofthe Air Transport Agreement between the Government of the United States and the Government of Russia (" U.S.-Russia Air Transport Agreement") and subsequent Annexes and Protocols thereto. Annex II, Charter Air Services (Annex II) currently does not require designation of carriers for charter operations. 9. Ikar is qualified to operate to the United States

. As this permit and exemption application, and appended exhibits demonstrate, lkar has assembled an experienced team ofindividuals to manage and develop the unique market opportunities associated with the establishment ofits U.S. service. Ikar has the financial and technical
resources to maintain its domestic and international service. lkar has accumulated substantial operating experience over its years ofoperations. See Exhibit IKAR-9. I0. A grant of Ikar' s instant application is in the public interest as Ikar will provide additional services in the U.S.-Russia aviation market. lkar represents a high quality operation that is capable ofadding a quality passenger charter operation to the U .S.-Russia market. As such, the Department should act expeditiously in granting the authority requested herein by Ikar.

- 5 -A grant of the requested authority is also consistent with the bilateral undertakings between the United States and the Russian Federation. 11. A grant of Ikar's application would not constitute a "major regulatory action" under 14 C.F.R. Part 313. Specifically, Ikar's annual fuel consumption will not exceed I 0 million gallons. Thus, a grant ofthe permit application will not constitute a "major regulatory action" within the meaning ofSection 102(2)(c) ofthe National Environmental Policy Act as implemented by 14 C.F.R

. § 313.4. As a result, Ikar is not required to submit additional information about the energy consumption and energy efficiency consequences of its service proposal.



## *******

WHEREFORE, lkar 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,

- 6
-CERTIFICATE OF SERVICE I hereby certify that I have on this day served a copy ofthe foregoing document upon each ofthe following electronic mail addresses:

sascha. vanderbeUen@delta.com sametta.c.bamett@delta.com chris.walker@delta.com dshort @ fedex .com sllunsford@fedex.com nssparks @ fedex

.com gbleopard @f edex

.com msinick @ssd .com eni sson @ 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 kas s@usairways.com info @airlineinfo .com EngleTS@state.gov

Ekaterina A. Grimes Dated: May 11 , 2015