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) ) 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

Comm unications with respect to this document should be sent to: KAMRAN GASIMOV Director /CEO SILK WAY WEST AIRLINES Heydar Aliyev International Airport Baku , AZ-1 044 , Republic of Azerbaijan

Dated: October 8, 2014 GLENN P. WICKS EKATERINA A. GRIMES THE WICKS GROUP, PLLC 733 1 

### Olh Street NW, Suite 3002 Washington, DC 20001 (202) 457-7790 gpwicks@wicks-group.com ekagrimes@wicks-group.com For: SILK WAY WEST AIRLINES

NOTICE: Pursuant to the motion for expedited processing contained herein, any person who wishes to support or oppose this application must file an answer within 7 calendar days thereof , or by October 15 , 2014 , and serve that answer on Silk Way West Airlines and on all persons served with this application. Co unsel for Silk Way West will poll the US carriers on the attached service list and will advise the Department of the re sults ofthe poll.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) )



# ____ ________ __________________ ____ __) 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 Pursuant to 49 U .S.C. § 41302 , (representing the recodified version of Section 4021/ of th e Federal Aviation Act of 1958 ("Act"), as amended), 49 U.S

. C. § 401 09(c) (representing the recodified version of Section 416 

## 'J/ of the Act), Part 211 ofthe Department ofTransportation's ("Department") Economic Regulation s, and Subpart B of the Department's Rules of Practice, Silk Way West Airlines (hereinafter "Silk Way West") on June 23, 2014 , applied for a foreign air carrier permit and exemption authority to engage in (1) schedu led air transportation of cargo between any point or points in Azerbaijan , via intermediate points, and any point or points in the United States; and (2) charter air transportation ofcargo betw een any point or points in Azerbaijan and any point or points in 

### l l Public Law 103-272 , enacted July 5 , 1 994 , rev ised and recodified the Act within Subtitle VII ofTitle 49, United States Code (Transportation). The provisions of section 40 2 of the Act are now contained in 49 U.S. C. § 41302. Under the recodification , th e tenn s of section 40 2 were not s ubstanti vely changed. 

### 2/ Public Law 103 -272, enacted July 5 , 1994 , revi sed and recodified the Act within S ubtitle VII ofTitle 49, U nited States Code (Transportation). The provisions of sect ion 416 of the Act are now contained in 49 U.S

. C. § 40109(c). Under the recodification, the tenns of sect ion 416 were not substa ntively changed.



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-the United States , as well as any point or points in the United States and any point or points in a third country or countries subject to pertinent national , bilateral and international rules and regulations. Silk Way West indicated that it intends to start operating the reque sted services as soon as the Department permits them , but no later than the winter season of 2014. Silk Way West further indicated that it intends to start operations with a scheduled service between Baku , Azerbaijan and New York , New York, USA , operating primarily its Boeing 747 freighter equipment, as well as any other aircraft that are currently in it s fleet or as it may later acquire, in conjunction with its contemplated scheduled and charter services to the United States. In its application, Silk Way West requested that its application be decided on the basis ofwritten submissions pursuant to 14 C

.F.R. § 302.207, and that the Department grant this application by proceeding directly to a final order as set forth in 14 C.F.R. §302.21 O(a)(2). Silk Way West also invoked the Department's August 23, 2005 Not ice in Docket OST-2005-22228 (t he " Streamlined Licensing Procedures Notice ") and reque sted that its application for a foreign carrier permit and an exemption be process ed and acted on by the Department pursuant to the Streamlined Licensing Procedures set forth by the referenced Notice. On August 15 , 2014, the Department, by Order Granting Exemption and to Show Cause (see Order 2014

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- 125 in Docket DOT-OST-2014-0111) granted Silk Way West exemption authority to permit it to engage in scheduled foreign air transportation of property and mail between Baku, Azerbaijan and New York, New York, as well as the authority to engage in charter foreign air transportation of property and mail between any point or points in Azerbaijan and any point or points in the United States; and other charters in accordance with the requirements of 14 CFR Part 212. The Department also noted that it

" will tentatively grant Silk Way west a foreign air carrier permit for these services."



### - 3-The Department further indicated that since the aviation relation s between the United States and Azerbaijan are governed by comity and reciprocity, consistent with its usual policy in those circumstances , it will grant the applicant the specific authority to operate the Baku-New York route specified in the application as intended initial route , rather than grant the broader scheduled authority requested in the application. Silk Way West recognizes the Department's considerations in granting it the
narrow scheduled authority to operate air transportation ofproperty and mail between Baku, Azerbaijan and New York, New York, and is working to implement such operations. However , in order to ensure greater economic efficiency and better benefit the current market of cargo air transportation, Silk Way West would like to hereby request that the exemption authority granted to it by Order 2014-8-125 in Docket DOT-OST-2014- Olllbe expanded to allow it to implement scheduled air transportation ofpropert y and mail
on the route Baku-Hong Kong-Chicago-New York-Luxemburg-Baku (with no US domestic cargo transportation between the points of Chicago and New York). Silk Way West further requests that , subject to favorable consideration by the Department of this Request, its foreign air carrier permit be issued accordingly ( " Request to Amend " ). Silk Way West further motions the Department for expedited consideration of this Request to Amend, and will poll the US carriers on the attached service list and will advise the Department of the results of the poll. In support ofthis Request to Amend, Silk Way West submits as follow s:
1. The full name and address of Silk Way West i s : "Silk Way West Airlines" Limited Liability Company Mailing Address: Heydar Aliyev International Airport, Baku, AZ-1 044, Republic of Azerbaijan Regi s tered Address: Heydar Aliyev International Airport, Baku, AZ-1 044, Republic ofAzerbaijan

- 4-2. The air transport authority of Azerbaijan having regulatory jurisdiction over Azerbaijan Airlines' air transport operations is: The State Civil Aviation Administration of the Republic of Azerbaijan 11 Azadlig Avenue, Baku, AZ

- 1095, Republic ofAzerbaijan 3. Silk Way West requests that the evidentiary materials contained in Exhibits SWWEST-1 through SWWEST-18 submitted by it in Docket DOT-OST-2014-0111 as part of the initial Application , be incorporated herein by reference , and confirms that they remain true and accurate. Silk Way West also confinns that it remains fit, willing, and able to operate the services proposed by this amended application.
4. Silk Way West will utilize its Boeing 747

-400F and Boeing 747-SF equipment for its proposed operations. All ofthe aircraft Silk Way West intends to operate to the United States are registered in Azerbaijan

. Maintenance of Silk Way West's aircraft intended for US operations is done by appropriately certificated Aircraft Maintenance Organizations in Luxemburg and Azerbaijan. Silk Way West will also enter into appropriate contracts in the United States for line maintenance of its aircraft used for US operations as necessary . 5. Silk way West's proposed services that are the subject ofthis Request to Amend are based upon comity and reciprocity between the Government ofthe United States and the Government ofAzerbaijan. Silk Way West has been formally designated by the State Civil Aviation Administration ofthe Republic ofAzerbaijan (SCAA) to operate the proposed services. A formal letter from the State Civil Aviation Administration of the Republic ofAzerbaijan confirming Silk Way West's designation for the specific route requested herein, as well as reiterating SCAA 's adherence to the principles of comity and reciprocity in considering any similar applications from US carriers, is being currently transmitted to the Department.

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-6. As ha s been demonstrated by the i ssued initial Exemption, Silk Way West is qualifi ed to operate to the United States. Silk Way West has assembled an experienced team of indi viduals to manage and develop the unique market opportunities associated with the establishment of its U .S. service. Silk Way West has the financial and technical resources to maintain its dome stic and international service. 7. An expedited consideration and grant of Silk Way West's instant Reque st to Amend is in the public interest as Silk Way West wi11 provide the much needed services in the U.S.-Azerbaijan aviation market, as well as in the broader international market of cargo air tran sportation by providing additional capacity and helping to meet the requirements for cargo air transportation services in the high season and peak demand. Silk Way West 's ability to timely implement its s ervice during the high s ea son will also serve as a justification and incentive for its recent acquisition ofbrand new Boeing 747-8F aircraft. Silk Way We st represent s a high quality operation that is capable of implementing a high level cargo schedul ed and charter operation to the U.S. -A zer baijan m arket. Silk Way West is a well-known operator in Azerbaijan looking to expand its opera tion s to the United States in the nearest possible term and provide a high quality service to the US and international
shipping publi c. As such, the Department should act expeditiou s ly in granting the authority requested herein b y Silk Way West. 8. A grant of Silk Way West's applic ation wo uld not constitute a "major regulatory action" under 14 C.F. R. Part 313. Specifically, Silk Way We st's annual fuel consumption will not exceed 10 million gallons. Thus , a grant ofthe permit app li cation will not constitute a "ma jor regu latory action" within the meaning of Section 102(2)(c) of the National Environmental Policy Act as impl emented by 14 C.F.R. § 3 13.4

. As a result, Silk Way West is not required to submit additional informati on about the energy consumption and energy efficiency consequences ofits service proposal.


## *******

- 6-WHEREFORE, Silk Way West respectfully requests that the Department grant this request for a foreign air carrier permit and exemption, as amended, to allow it to implement scheduled air transportation ofproperty and mail on the route Baku-Hong KongChicago-New York-Luxemburg -Baku (with no US domestic cargo transportation between the points of Chicago and New York) , or such other or further relief as the Department determines to be appropriate and consistent with the public interest. Silk Way West also respectfully motions the Department for expedited consideration ofthe instant request

EKATERINA A. GRIMES Consultant for Silk Way West Airlines



### - 7 -CERTIFICATE OF SERVICE I hereby certify that I have on this day served a copy ofthe foregoing document upon each of the following electronic mail addresses : sascha.vanderbellen@delta.com sametta.c.bamett@delta

.com chris.walker@delta.com d short@fedex.com sllunsford@fedex.com n ssparks @ fedex

.com gbleopard @ fedex.com msinick @ss d.com enisson@nac.aero mwiegele@nac.aero kevin.montgomery@polaraircargo.com peter.beckett@polaraircargo.com dan.weiss @ coair

.com dan.weiss @ united.com pdoell @ naca .cc robert

. wirick@aa.com francis.heil @aa

.com howard kass@usairways

.com benjamin.slocum @ usairway s.com rsilverberg @s gbdc.com jjohnson @s gbdc .com j richardson @ j ohnrichard son. com mriordan @ j ohnrichardson.com jcanny @amerijet.com john@mietuslaw.com rpommer @atlasair

. com matwood @cozen .com nwallace @ w allaceair.com agoerlich@ggh-airlaw

. com dhainbach @ ggh-airlaw .com judy @ lac. lvnden.com rzerkel @ lac.lvnden.com gwhite @ lac

. lynden.com jdavi s@ lac. Lynden.com TGillies@southemair.com info @airlineinfo

.com anita.mosner@hklaw.com j ennifer.nowak@hklaw.com d s mall s@ up s.com s tephen.lachter @ lachterlaw .com EngleTS@state. gov

Ekaterina A. Grimes Dat e d : October 8, 2014