### BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of Ukraine International Airlines ) ) ) ) ) for aforeign air carrier permit pursuant ) to49 U.S.C. 

## S41302 and an exemption ) pursuant to 49 U.S.C. 

## S40109(c) ) ----------------) Docket OST 2013-

_



### APPLlCA TlON OF UKRAINE INTERNATIONAL AIRLINES FOR AFOREIGN AIR CARRIER PERMIT ANDANEXEMPTION
Communications with respect to this document should be sent to: YURI MIROSHNIKOV President, CEO YEVGEN TRESKUNOV Executive VP, Strategy and Development UKRAINE INTERNATIONAL AIRLINES 201-203 Kharkivske Shosse Kyiv, Ukraine 02121 GLENN P. WICKS EKATERINA A. GRIMES THE WICKS GROUP, PLLC 1215 17"hStreet NW Sumner Annex, Fourth Floor Washington, DC 20036 (202) 457-7790 gpwickslalwicks-group.com ekagrimes[aJ,wicks-group.com 

### For: UKRAINE INTERNAT10NAL AIRLINES

Dated: 

### October 3,2013 NOTICE: Any person who wishes to support or oppose this application must file an answer within 21 calendar days thereof, or by October 24,2013, and serve that answer on Ukraine International Airlines and on all persons served with this application.

### BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of Ukraine International Airlines ) ) ) ) ) for aforeign air carrier permit pursuant ) to 49 U.S.C. 1141302 and an exemption ) pursuant to 49 U.S.C. 1140109(c) ) ------------). Docket OST 2013-

_

APPLICATION OF UKRAINE INTERNATIONAL AIRLINES FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION Pursuant to 49 U.S.C. 1141302, (representing the recodified version ofSection 4021/ ofthe Federal Aviation Act of 1958 ("Act"), as amended), 49 U.S.c. 1140I09(c) (representing the recodified version of Section 416

## 2/ofthe Act), Part 211 ofthe Department ofTransportation's ("Department") Economic Regulations, and Subpart B ofthe Department's Rules ofPractice, Private Stock Company "Ukraine International Airlines" (hereinafter "Ukraine International Airlines" or "UIA") hereby applies for aforeign air carrier permit toengage in scheduled airtransportation ofpassengers, property and mail between any point orpoints in Ukraine, via intermediate points, and any point orpoints in the United States, and beyond; and on-demand charter airtransportation ofpassengers, property and mail between any point orpoints in Ukraine and any point orpoints inthe United States, aswell as any point orpoints inthe United States and any point orpoints ina third country orcountries subject to pertinent national, bilateral and international rules and

11 Public Law 103-272, enacted July 5, 1994, revised and recodified the Act within Subtitle VII ofTitle 49, United States Code (Transportation). The provisions ofsection 402 ofthe Act are now contained in 49 U.s.c. 941302. Under the recodification, the terms of section 402 were not substantively changed. 7,/ Public Law 103-272, enacted July 5, 1994, revised and recodified the Act within Subtitle VI! ofTitle 49, United States Code (Transportation). The provisions ofsection 416 ofthe Act are now contained in49 U.s.C. 940I09(c). Under the recodification, the terms of section 416 were not substantively changed.
-2-regulations. Ukraine International Airlines intends to start operating the requested services

as soon as the Department permits them, butno laterthan for the spring season 01'2014. Ukraine International Airlines intends to operate primarily its Boeing 767-300 equipment, as well as any other aircraft that are currently in its fleet or as itmay later acquire, in conjunction with its contemplated scheduled and charter services to the United States.

Ukraine International Airlines respectfully requests that this application be decided onthe basis ofwritten submissions pursuant to 14C.F.R. 

## S 302.207, and that the Department grant this application byproceeding directly to afinal order as set forth in 14 C.F.R. 

## S 302.21 0(a)(2).

Ukraine International Airlines 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 aforeign carrier permit and an exemption be processed and acted on by the Department pursuant to the Streamlined Licensing Procedures setforth by the referenced Notice.

In support ofthis permit and exemption application, Ukraine International Airlines submits as follows:

1.
.The full name and address ofUkraine International Airlines is: Private Stock Company "Ukraine International Airlines" Mailing Address: 201-203 Kharkivske Shosse, Kyiv, 02121 Ukraine Registered Address: 4 Lysenko Str., Kyiv, 01034 Ukraine 2. The airtransport authorities ofUkraine having regulatory jurisdiction over Ukraine International Airlines' airtransport operations are:

The State Aviation Administration ofUkraine 14Peremogy Avenue, 01135 Kyiv, Ukraine 3. 'Ukraine International Airlines isaprivate stock company initially founded and registered as alegal entity on October 29, 1992under the applicable laws of Ukraine, under the name ofAir Ukraine International. In 1996the company was renamed as

- 3

-Closed Joint Stock Company Ukraine International Airlines. Tn20I0itwas further reregistered as Private Stock Company "Ukraine International Airlines," and has been operating as such since that time (Legal Entity ID No. 14348681, Registration Certificate 

### N2 727014, as amended onNovember 8, 2010). 100% ofUkraine International Airlines' stock is currently held privately, as is shown inExhibit UTA-4hereto.

UIA began its operations with two Boeing 737-400 aircraft and performed its first commercial flight from Kyiv to London on November 25, 1992. UIA currently operates thirty one (31) Boeing 737 aircraft, including five (5) Boeing 737-300, four (4) Boeing 737-400, ten (10) Boeing 737-500, eight (8) Boeing 737-800 aircraft, and three (3) Boeing 737-900ER aircraft, as well as one (I) Boeing 737-300SF Freighter, one (I) Boeing 767-300 and five (5) Embraer 190aircraft. Itis also planning to add three (3) more Boeing 767ER aircraft to its fleet in early 2014. UIA holds an Air Operator Certificate (AOC No. UK 021) most recently issued to itbythe State Aviation Administration ofUkraine ("SAAU") on October 14,2011. A copy ofUkraine International Airlines' Air Operator Certificate may be found inExhibit UTA-8attached hereto. Ukraine International Airlines is registered with the International Civil Aviation Organization ("ICAO"). Its ICAO-assigned code is AU!. Ukraine International Airlines is also afull member ofIAT A, and holds lATA code PS. Ukraine International Airlines has successfully completed the lATA operational safety audit (IOSA), and holds an IOSA Operator certificate that iscurrently valid through June 17, 2015.

4. Ukraine International Airlines requests aforeign air carrier permit authorizing itto engage in (I) scheduled air transportation ofpassengers, property and mail between any point orpoints in Ukraine, via intermediate points, and any point orpoints in the United States, and beyond; and (2) charter air transportation ofpassengers, property and mail between any point or points in Ukraine and any point orpoints inthe United States, as well as any point orpoints inthe United States and any point orpoints in athird country or countries subject to pertinent national, bilateral and international rules and regulations.

- 4 -5. Ukraine International Airlines is fit, willing, and able tooperate the

services proposed bythis application, as is evidenced by its operational history and other evidentiary materials contained inExhibits UlA-I through UIA-18 attached hereto.

6. Ukraine International Airlines' insurance coverage satisfies the requirements set forth in 14C.F.R. Part 205. See Exhibit UIA-7.

7. Ukraine International Airlines will initially utilize Boeing 767-300 equipment for its proposed U.S. operations. All ofthe aircraft Ukraine International Airlines intends to operate to the United States are registered inUkraine. Routine maintenance of Ukraine International Airlines' Boeing 767-300 aircraft, as well as all other types of aircraft operated byUkraine International Airlines, is performed by its own maintenance organization approved by the Ukrainian SAAU under Ukraine aviation rules (Certificate UA. 145.0027).

Line maintenance forUkraine International Airlines' Boeing 767-300 atBoryspiI airport will be performed by aPart 145 certified and approved maintenance organization as a sub-contractor until UIA will obtain SAAU approval as amaintenance organization for Boeing 767-300. Base maintenance for Ukraine International Airlines' Boeing 767-300 aircraft will be performed by certified MRO under contracts bid and awarded to qualified service providers as needed. Ukraine International Airlines will also enter into appropriate contracts inthe United States for line maintenance ofits aircraft used for US operations as necessary inthe near future.

Ukraine is acontracting state to the Convention on International Civil Aviation ("Chicago Convention"). Ukraine International Airlines' aircraft are maintained in compliance with ICAO Annexes 1,6 (Part I), and 7. In addition, Ukraine International Airlines' aircraft conform to respective type designs approved by the State ofthe Manufacturer and have been issued civil airworthiness certificates inaccordance with the provisions ofICAO Annex 8.



### - 5

-Oversight over continuous airworthiness ofUkraine International Airlines' aircraft

is performed under the applicable regulations ofUkraine as the state ofthe operator and ofthe registry ofthe aircraft as set forth in Annexes I, 2, 6and 8to the Chicago Convention.

8. Ukraine International Airlines' proposed services that are the subject of this application are within the scope ofthe current bilateral relations between the Government ofthe United States and the Government ofUkraine, as further described in Exhibit UIA-16 hereto. Furthermore, Ukraine International Airlines has been formally designated by the State Aviation Administration ofUkraine to operate scheduled flights on the Kyiv

-New York

- Kyiv route.

9. Ukraine International Airlines is qualified to operate to,the United States. As this permit and exemption application, and appended exhibits demonstrate, Ukraine International Airlines has assembled an experienced team ofindividuals to manage and develop the unique market opportunities associated with the establishment ofits U.S. service. Ukraine International Airlines has the financial and technical resources to maintain its domestic and international service. Ukraine International Airlines has accumulated substantial operating experience over its years ofoperations. See Exhibit UIA-9.

10. A grant ofUkraine International Airlines' instant application is inthe public interest as Ukraine International Airlines will provide the much needed services inthe U.S.- Ukraine aviation market. Ukraine International Airlines represents ahigh quality operation that is capable ofimplementing ahigh level passenger scheduled and charter operation to the U.S.- Ukraine market. Ukraine International Airlines is awell-known operator in Ukraine and is looking to expand its operations to the United States inthe nearest possible term. As such, the Department should act expeditiously in granting the authority requested herein by Ukraine International Airlines. As was stated above, agrant ofthe requested authority is also consistent with the bilateral undertakings between the United States and Ukraine.

-6-II. A grant ofUkraine International Airlines' application would not

constitute a "major regulatory action" under 14C.F.R. Part 313. Specifically, Ukraine International Airlines' annual fuel consumption will not exceed 10million gallons. Thus, a grant ofthe permit application will not constitute a "major regulatory action" within the meaning of Section 102(2)(c) ofthe National Environmental Policy Act as implemented by 14C.F.R. 9313.4. As aresult, Ukraine International Airlines isnot required to submit additional infonnation about the energy consumption and energy efficiency consequences of its service proposal.



## *******

WHEREFORE, Ukraine International Airlines respectfully requests that the Department grant this request for aforeign air carrier permit and exemption, or such other or further relief as the Department determines to be appropriate and consistent with the public interest.

e tfully s?lllitted,



# !(UJ~ JJ E P. WICKS Counsel forUkraine International Airlines

EKATERINA A. GRIMES Consultant forUkraine International Airlines

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-. , CERTIFICATE OF SERVICE Ihereby certify that Ihave on this day served acopy ofthe foregoing document upon each ofthe following electronic mail addresses: sascha.vanderbellen@delta.com sametta.c. bamett@delta.com ran jit.seth@evergreenairlines.com charter@evergreenaviation.com anbird@fedex.com
. sllunsford@fedex.com msinick@ssd.com enisson@nac.aero kevin.montgomery@polaraircargo.com dan.weiss@coair.com pdoella@naca.cc robert.wirickfalaa.com francis.heil@aa.com howard kass@usairways.com rsilverberg@sgbdc.com jjohnson@sgbdc.com jrichardsonfalj ohnrichardson.com mriordan@johnrichardson.com icanny@amerijet.com slachter@lachetr-clements.com john@mietuslaw.com rpommer@atlasair.com matwood@cozen.com agoerlich@ggh-airlaw.com judy@lac.lynden.com TGiIliesfalsouthemair.com Howard.kass@usairways.com Benjamin.slocum@usairways.com info@airlineinfor.com anita.mosner@hklaw.com mlbenge@zsrlaw.com urskrfalstate. gOY

Ekaterina A. Grimes Dated: October 3,2013