BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

_________________________________________ ) Application of ) ) EUROLOT S.A. ) DOCKET OST- 2014 - ) for a Foreign Air Carrier Permit ) pursuant to 49 U.S.C. § 41301 and ) exemption authority pursuant to 49 U.S.C. ) § 40109 ( EU

- U.S. combination service ) ) _________________________________________ ) APPLICATION OF EUROLOT S.A. FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION C ommunications with respect to this document should be sent to:
John R. Mietus, Jr. Law Office of John Mietus, LLC 6701 Democracy Blvd., Suite 300 Bethesda, MD 20817

- 7500 (202) 747

- 5212 john@mietuslaw.com Counsel for EUROLOT S.A. NOTICE: Any person may support or oppose this application by filing an answer and serving a copy of the answer up on counsel for Eurolot and persons served with this application. Answers to the exemption application are due April 17, 2014 , and answers to t he permit application are due April 23, 2014

. A pril 2, 2014BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

_________________________________________ ) Application of ) ) EUROLO T S.A. ) DOCKET OST

- 2014 - ) A pril 2, 2014 for a Foreign Air Carrier Permit ) pursuant to 49 U.S.C. § 41301 and ) exemption authority pursuant to 49 U.S.C. ) § 40109 (EU

- U.S. combination service) ) _________________________________________ )

APPLICATION OF EUROLOT S.A . FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION
Pursuant to 49 U.S.C. § 41301, Part 211 of the Department's Economic Regulations, the August 26, 2005 "Streamlining" n otice in Docket OST

- 2005

- 22228, and the February 19, 2009 “Application Procedures for Foreign Air Carriers of the European Union” notice (“EU Application Notice”), Eurolot S.A. (“Eurolot”) requests that the Department issue Eurolot a foreign air carrier permit to enable Eurolot , consistent with the open skies, U.S.- European Union (“EU”) Air Transport Agreement , to provide : foreign scheduled and charter air transportation of persons, property, and mail from any point or points behind any Member State of the European Union, via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; foreign scheduled and charter air transportation of persons, property, and mail between any point or points in the United States and any point or points in any member of the European Common Aviation Area;Eurolot Permit and Exemption Application Page 2 foreign scheduled and charter cargo air t ransportation between any point or points in the United States and any other point or points; other charters pursuant to the prior approval requirements set forth in Part 212 of the Department’s regulations; and transportation authorized by any addition al route rights made available to European Union carriers in the future. 1 Pursuant to 49 U.S.C. § 40109 , Eurolot also requests: (1) exemption authority, to the extent necessary and for an initial period of two years or until the requested permit is issue d , to enable it to hold out and provide the service described above ; and (2) such additional or other relief as the Department may deem necessary or appropriate.

In support of this application, and pursuant to the EU Application Notice, Eurolot respectfully states as follows:

1. Eurolot is a public limited company ( spółka akcyjna) that is organized under the laws of Poland. It is headquartered at ul. 17 Stycznia 39 in Warsaw (Warszawa) , Poland and currently operates a fleet of Bombardier Q400 and ATR 72 aircraft throughout Europe

.

1/ Eurolot will accept the standard Department condition that before Eurolot commences any new service under such “additional route rights,” Eurolot will provide the Department evidence that it holds a homeland license for that new service, unless Eurolot already has done so.Eurolot Permit and Exemption Application Page 3 2. The name and address of the government air transport authority with jurisdiction over Eurolot is: Urząd Lotnictwa Cywilnego (Polish Civil Aviation Authority ) ul. M. Flisa 2 02

- 247 Warszawa POLAND Eurolot holds a Polish Air Operator Certificate and an operating license authorizing “domestic and international, scheduled and non

- scheduled air transportation of passengers, cargo and mail” without aircraft seat or weight limits

. Copies of both documents are attached and support a finding that Eurolot is financially and operationally qualified to perform the services authorized and that it is substantially owned and effectively controlled in a manner consistent with the provisions of the U.S .- EU Agreement. 2 /

3. Eurolot currently holds an exemption “to the extent necessary to transport persons, property and mail by displaying the airline designator code of United Air Lines, Inc. between points in Poland and between points in Poland and points in third countries” and a corresponding statement of authorization to carry United’s code. Notices of Action Taken dated August 8, 2006 and September 16, 2010 in Docket OST

- 2006

- 24989 (APA renewal

2/ See Article 2 (Reciprocal Recognition of Regulatory Determinations with Regard to Airline Fitness and Citizenship) of the Protocol to amend the U.S.

- EU Air Transport Agreement, signed June 24, 2010. The operating license is valid indefinitely, and the Air Operator Certificate is expected to be renewed in d ue course.Eurolot Permit and Exemption Application Page 4 pending). The requested authority will provide Eurolot the flexibility necessary to react promptly to market demand for air service to and from the United States

.

4. Eurolot will file in the appropriate dockets DOT

- required documentation that it has not already filed in respect of its European code

share operations with United. Th at documentation will include a f amily

a ssistance p lan in Docket O ST- 1998

- 3304 and a passenger manifest plan in Docket OST

- 1998

- 3305

.

5 . The U.S.- EU Agreement authorizes the broad rights that Eurolot requests. The Department has granted other European Union carriers similarly broad authority. Se e, e.g., Polskie Linie Lotnicze LOT S.A. , Order
2012 -5- 28

. G rant of this expanded authority is therefore consistent with the public interest. Further, issuance of the requested authority will have a limited environmental impact. 3/

3/ Eurolot estimates that its initial U.S. operations would not result in a net change in fuel consumption of 10,000,000 gallons of fuel or more annually. Accordingly, issuance of the requested authority will not constitute a "major federal ac tion significantly affecting the quality of the human environment" within the meaning of section 102(2)(c) of the National Environmental Policy Act or a "major regulatory action" under the Energy Policy and Conservation Act, as implemented in Part 313 of the Department's Regulations.