BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Request of: ) 

) 

Silk Way West Airlines ) Docket OST-2014-0111 

) 

to amend issued exemption authority and ) 

pending application for a foreign air carrier permit ) 

and motion to expedite processing ) 

(Baku-Hong Kong-Chicago-New York-Luxemburg-Baku) ) 

ANSWER OF NATIONAL AIRLINES TO 

SILK WAY WEST AIRLINES' MOTION 

FOR LEAVE TO FILE MOTION TO EXPEDITE 

Communications with respect to this document should be sent to: 

Edward M. Davidson 

President 

National Air Cargo Group, Inc., 

d/b/a National Airlines 

5955 T. G. Lee Blvd 

Suite 500 

Orlando, FL 32822 

March 11,2015 

Pierre Murphy 

Law Offices of Pierre Murphy 

1200 New Hampshire Avenue, N.W. 

Suite 590 

Washington, D.C. 20036 

Telephone: (202) 776-3980 

Facsimile: (202) 776-3975 

Email: pmurphy@lopmurphy.com 

Attorney for National Air Cargo Group, Inc. 

d/b/a National Airlines 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Request of: ) 

) 

) 

) 

) 

) 

Silk Way West Airlines 

to amend issued exemption authority and 

pending application for a foreign air carrier permit 

and motion to expedite processing ) 

(Baku-Hong Kong-Chicago-New York-Luxemburg-Baku) ) 

Docket OST-2014-0111 

ANSWER OF NATIONAL AIRLINES TO 

SILK WAY WEST AIRLINES' MOTION 

FOR LEAVE TO FILE MOTION TO EXPEDITE 

In what is now its seventh pleading filed in this docket, 1 Silk Way West Airlines 

("SWW") now files a Motion to file a Motion.

2 

For the reasons set forth below, National Airlines3 objects to this latest SWW Motion and 

the relief sought. 

1. SWW's original June 23, 2014 application for Azerbaijan-U.S. scheduled allcargo rights was unopposed. However, in its August 15,2014 action granting exemption 

authority and issuing an Order to Show Cause for foreign air carrier permit authority, the 

See: SWW FACP & Exemption Application, June 23,2014 (Azerbaijan-US Sked & Charters); SWW 

Amendment, October 8, 201 (7th Freedom Sked); SWW Response to Objections, October 24, 2014; SWW 

consolidated Reply, November 5, 2014; SWW Response to Surreply, December 1, 2014; SWW Response to 

Surreply, January 13, 2015. 

2 See: SWW Motion for Leave to File and Motion to Expedite Request to Amend Authority, March 4, 2015. 

3 National Air Cargo Group, Inc., d/b/a National Airlines. 
ANSWER OF NATIONAL AIRLINES 

Department specifically limited SWW authority to 3rd;4th Freedom operations as opposed to the 

broader authority SWW had requested. See: DOT Order 2014-8-15, at 2, n.4 issued August 15, 

2014. (F ACP Show Cause Order and Order Granting Exemption.) This action was entirely 

consistent with Department policy in such situations. 

2. Then approximately 2 months later, SWW subsequently filed an October 8, 2014 

pleading seeking: (i) to amend the exemption and pending F ACP application by requesting ~ 

Freedom Baku-Hong Kong-Chicago-New York-Luxembourg-Baku scheduled all-cargo rights; 

and (ii) to "expedite processing". It was only then that U.S. carriers filed objections to the 

extraordinarily broad scheduled rights sought and each demonstrated that there was a total 

absence of comity and reciprocity with Azerbaijan as regards U.S. carrier operations in Baku. 

3. Then after the October 8, 2014 SWW amendment and U.S. carrier objections 

thereto filed in this docket, the Department on November 13, 2014 issued a Final Order making 

final the August 15, 2014 Show Cause Order granting 3rd;4th Freedom rights. See: Order 2014-

11-11 (Final Order). In Order 2014-11-11, the Department made clear that to the extent not 

acted upon, it dismissed all remaining requests for relief in this docket (DOT -OST -2014-0111 ). 

Notwithstanding Order 2014-11-11, by a December 1, 2014 pleading, SWW then initiated yet 

another round of responses, surreplies, etc., of which SWW's March 4, 2014 filing is but the 

latest. 

4. In its latest pleading, SWW raises nothing new. A lack of comity and reciprocity 

for U.S. carrier treatment continues to exist, and Azerbaijan continues to demonstrate 

2 
ANSWER OF NATIONAL AIRLINES 

protectionism. U.S. carriers continue to find the costs of operations to Baku to be uneconomical 

unless, of course, a carrier has contracted with a Silk Way company, in which case costs are 

significantly lower. As has been demonstrated, U.S. carriers are unable to compete in such a 

restrictive and anticompetitive environment. 

WHEREFORE, National Airlines submits that the latest Motion to File a Motion of 

SWW be denied. 

March 11, 2015 

3 

A

erre hy 

aw 0 tees of Pierre Murphy 

1200 New Hampshire Avenue, N.W. 

Suite 590 

Washington, D.C. 20036 

Telephone: (202) 776-3980 

Facsimile: (202) 776-3975 

Email: pmurphy@lopmurphy.com 

Attorney for National Air Cargo Group, Inc. 

d/b/a National Airlines 
CERTIFICATE OF SERVICE 

I hereby certify that I have on this day served a copy of the foregoing document on this 

11th day of March 2015 upon each of the following email addresses: 

gpwicks@wicks-group.com 

ekagrimes@wicks-group.com 

sascha. vanderbellen@delta.com 

chris.walker@delta.com 

dshort@fedex.com 

sllunsford@fedex.com 

nssparks@fedex.com 

gbleopard@fedex.com 

dheffeman@cozen.com 

enisson@nac.aero 

mwiegele@nac.aero 

kevin.montgomery@polaraircargo.com 

peter. beckett@polaraircargo.com 

dan.weiss@united.com 

pdoell@naca.cc 

robert.wirick@aa.com 

francis.heil@aa.com 

howard.kass@usairways.com 

benjamin.slocum@usairways.com 

rsilverberg@sgbdc.com 

.ijohnson@sgbdc.com 

jrichardson@johnlrichardson.com 

jcanny@amerijet.com 

john@mietuslaw .com 

rpommer@atlasair .com 

matwood@cozen.com 

nwallace@wallaceair.com 

agoerlich@ggh-airlaw .com 

dhainbach@ggh-airlaw .com 

rzerkel@lac.lynden.com 

gwhite@lac.lynden.com 

jdavis@lac.lynden.com 

TGillies@southemair.com 

anita.mosner@hklaw .com 

jennifer.nowak@hklaw .com 

dsmalls@ups.com 

slachter@cozen.com 

EngleTS@state.gov 

Kristin K. Leake