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

Communications 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 upon counsel for Eurolot and 

persons served with this application. Answers to the exemption application 

are due April 17, 2014, and answers to the permit application are due April 

23, 2014. 

 

April 2, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ 

 ) 

Application of ) 

 ) 

EUROLOT S.A. ) DOCKET OST-2014- 

 ) April 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" notice 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 transportation 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 additional 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 issued, 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 due 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 codeshare operations with United. That documentation will include a family 

assistance plan in Docket OST-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. See, e.g., Polskie Linie Lotnicze LOT S.A., Order 

2012-5-28. Grant 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 action 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.