Order 20 14

- 2

- 7

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

o n th e 11 th day of December

, 20 13.

Served: February 11, 2014

Application of

UKRAINE INTERNATIONAL AIRLINES Docket DOT

- OST

- 201 3

- 01 85

for an exemption under 49 U.S.C. §40109 and a foreign

air carrier permit under 49 U.S.C. §41301

FINAL ORDER

By Order 20 1 3

- 11

- 13 , issued November 18 , 201 3 , we directed all interested persons to show

cause why we should not make final our tentative findi ngs and conclusions stated therein and

award a n amended foreign air carrier permit in the form attached to the Order and subject to the

cond itions attac hed thereto. We gave i nterested persons 21 days to file objections to the Order.

We said that if no objections are filed, all further procedural steps shall be deemed waived, and

the Department will enter an order (subject to Presidential review under 49 USC § 41307) which

will make final the findin gs and conclusions of the Order

.

No objections were received within the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in Order 20 1 3

- 11

- 13 and award to

Ukraine International Airlines the foreign air carrier permit subject to the conditions attached to

the Order ( and attached as the Appendix to the present O rder );

2. Unless disapproved by the President of the United States under 49 USC § 41307, this order

shall become effective on the 61 st day after its submission for § 41307 review or upon the date of

receipt of advice from the President or his designee under Execut ive Order 12597 and

implementing regulations that he or sh e does not intend to disapprove the Department’s order

under that section, whichever occurs earlier ; 1

1 This order was submitted for review under 49 U.S.C. §41307, on December 11 , 2013. The 61 st day is February 10,

2014 . Since the President or his designee did not disapprove this order before that date, it became effective on

February 1 0 , 2014

.3. To the extent not acted upon above, we dismiss all remaining requests for relief in this D ocket

(DOT

- OST

- 201 3

- 01 85 ); and

4

. We will serve a copy of this order on the applicant , the Embassy of Ukraine to the United

States in Washington, D.C., the Federal Aviation Administration, and the U.S. Department of

State.

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.govIssued by

Order 20 14

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- 7

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.



### ---------- ----------------------------------------------

PERMIT TO FOREIGN AIR CARRIER



### ---------------------------------------------------------



### UKRAINE INTERNATIONAL AIRLINES

A F oreign Air Carrier of the Government of Ukraine

is authorized, subject to the follow ing provisions, the provisions of Title 49 of the U.S. Code, and the orders,

rules, and regulations of the Department of Transportation, to engage in :

Scheduled foreign air transportation of p ersons , property, and mail between Kiev, Ukraine, and

New York, New York; and

C harter air transportation of persons, property, and mail between the Ukraine and the United

States

.

The holder shall also be authorized to engage in other charter trips in foreign air transportation, subject to the

terms, conditions, a nd limitations of the Department’s regulations governing charters.

This permit and the exercise of the privileges granted in it shall be subject to the terms, conditions and

limitations in both the order issuing this permit and the attachment to this orde r, and to all applicable provisions

of any treaty, convention or agreement affecting international air transportation now in effect, or that may

become effective during the period this permit remains in effect, to which the United States and the holder’s

h omeland are or shall become parties.

This permit shall be effective on February 1 0 , 2014

, and shall terminate five years thereafter; provided, that if during

said period the operation of the foreign air transportation authorized becomes the subject of any treaty, convention or

agreement to which the United States and the applicant’s homeland are or shall become parties, then this permit is

continued in effect during the period provided in such treaty, convention, or agreement.

The Department of Transport ation has executed this permit and affixed its seal on December 11 , 201 3

.

By:

PAUL L. GRETCH

Director

Office of International Aviation



### (SEAL)Appendix A

Foreign Air Carrier Permit Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such

operations, and it has filed a copy of such authorization with the Department;

(2 ) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security

Administration, and with all applicable U.S. Government requirements concerning security, including, but not

limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with

all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new

service (including charter flights) from a foreign airport that would b e the holder’s last point of departure for the

United States, contact its International Industry Representative (IIR) (formerly referred to as International Principal

Security Inspector) to advise the I IR of its plans and to find out whether the Transporta tion Security Administration

has determined that security is adequate to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the

commencement of any operations und er this authority, file evidence of such coverage, in the form of a completed

OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight

Standards Service (any changes to, or termination of, insurance also shall b e filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent

to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air

services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements

of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28

U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other

tribunal in the United State s that are: (a) based on its operations in international air transportation that, according to

the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed

stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim

under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this

condition, the term "international air transportation" means "interna tional transportation" as defined by the Warsaw

Convention, except that all States shall be considered to be High Contracting Parties for the purpose of this

definition;

(8) Except as specifically authorized by the Department, originate or terminate all f lights to/from the United States in

its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and

charter data;

(10) If charter operations are authorized, except as otherwise provided in the a pplicable aviation agreement, comply

with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be

prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all

applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditio ns

imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department

approval under Title 49 of the U.S. Code.

1 2/2007