BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

Silk Way West Airlines ) Docket OST 20 1 4

- )

for a foreign air carrier permit pursuant )

to 49 U.S.C. § 41302 and an exemp tion )

pursuant to 49 U.S.C. § 40109(c) )

)

APPLICATION OF SILK WAY WEST AIRLINES

FOR A FOREIGN AIR CARRIER PERMIT AND A N EXEMPTION

Communications with respect to this document should be sent to:

KAMRAN GASIMOV GLENN P. WICKS

Director/CEO EKATE RINA A. GRIMES

SILK WAY WEST AIRLINES THE WICKS GROUP, PLLC

Heydar Aliyev International Airport 733 10 th Street NW , Suite 3002

Baku, AZ

- 1044, Republic of Azerbaijan Washington, DC 20001

(202) 457

- 7790

gpwicks@wicks

- group.com

ekagrimes@wicks

- group.com

For : SILK WAY WEST AIRLINES

Dated: June 23 , 20 1 4

NOTICE: Any person who wishes to support or oppose this application mu st fil e an answer

within 21 calendar days thereof, or by July 15 , 20 1 4 , and serve that answer o n Silk Way West

Airlines and on all persons served with this application.- 2

- BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

Silk Way West Airlines ) Docket OST 20 1 4

- )

for a foreign air carrier permit pursuant )

to 49 U.S.C. § 41302 and an exemption )

pursuant to 49 U.S.C. § 40109(c) )

)

APPLICATION OF SILK WAY WEST AIRLINES

FOR A FOREIGN AIR CARRIER PERMIT AND AN EXEMPTION

Pursuant to 49 U.S.C. § 41302, (representing the recodified version of Section

402 1 / of the Federal Aviation Ac t of 1958 ("Act"), as amended), 49 U.S.C. § 40109(c)

(representing the recodified version of Section 416 2 / of the Act), Part 211 of the

Department of Transportation's ("Department") Economic Regulations, and Subpart B of the

Department's Rules of Practice, Silk Way West Airlines (hereinafter " Silk Way West ”)

hereby applies for a foreign air carr ier permit engage in (1) scheduled 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 of cargo between any point or

points in Azer

baijan and any point or points in 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 Wes t intends

to start operating the request ed services as soon as the Department permits them , but no later

1 / Public Law 103

- 272, enacted July 5, 1994, revised and recodified the Act within Subtitle VII of Title 49,

United States Code (Transportat ion). The provisions of section 402 of the Act are now contained in 49 U.S.C.

§ 41302. Under the recodification, the terms of section 402 were not substantively changed.

2 / Public Law 103

- 272, enacted July 5, 1994, revised and recodified the Act within Subtitle VII of Title 49,

United States Code (Transportation). The provisions of section 416 of the Act are now contained in 49 U.S.C.

§ 40109(c). Under the recodification, t he terms of section 416 were not substantively changed.- 3

-

than the winter season of 2014

. Silk Way West intends to operate primarily its Boeing 747

freighter equipment, as well as any other aircraft that are currently in its fleet or as it may

later acquire, in conjunction with its contemplated scheduled and charter services to the

United States.

Silk Way West respectfully requests that this application be decided on the

basis of written submissions pursuan t 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.

§302.210(a)(2)

.

Silk Way West hereby invokes the Department’s August 23, 2005 Notice in

Docket OST

- 2005

- 22228 (the “Streamlined Licensing Procedures Notice”) and requests that

its instant application for a foreign carrier permit and an exemption be processed and acted

on by the Department pursuant to the Streamlined Licensing Procedures set forth by the

referenced Noti ce.

In support of this permit and exemption application, Silk Way West submits as

follows:

1. The full name and address of Silk Way West is:

“ Silk Way West Airlines” Limited Liability Company

Mailing Address: Heydar Aliyev International Airport

, Bak u

, AZ

- 1044, Republic of Azerbaijan

Registered Address: Heydar Aliyev International Airport, Baku,

AZ

- 1044, Republic of Azerbaijan

2. The air transport authorities of Azerbaijan having regulatory jurisdiction

over Azerbaijan Airlines ’ air transport o perations are:

The State Civil Aviation Administration of the Republic of Azerbaijan

11 Azadlig Avenue, Baku, AZ

- 1095, Republic of Azerbaijan- 4

-

3

. Silk Way West is a private limited liability company duly organized and

registered under the laws of the Republic of Azerbaijan on January 19, 2012 (Registration

Certificate No 1200754781). Currently 100% of Silk Way West’s shares are held by Silk Way

Airlines LLC, as is to be shown in Exhibit SWWEST

- 4 hereto

.

Silk Way West is an all

- cargo airline th at is now operating three (3) Boeing 747

- 400F

aircraft, and two (2) Boeing 767

- 300F aircraft. Silk Way West is also planning to add two (2)

Boeing 747

- 8F aircraft to its fleet in the second half of 2014.

Silk Way West holds an Air Operator Certificate (A OC No. 007) most recently issued to

it by the State Civil Aviation Administration of the Republic of Azerbaijan (“SCAA”) on June

19, 201 4

. Silk Way West is registered with the International Civil Aviation Organization

(“ICAO”). Its ICAO

- assigned code is A ZG. Silk Way West also holds IATA code 7L*.

4

. Silk Way West requests a foreign air carrier permit authorizing it to

engage in (1) scheduled 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 of cargo between any point or points in Azerbaijan and any

point or points in 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 plans to start its US operations with a

scheduled cargo service between Baku, Azerbaijan and New York, New York.

5

. Silk Way West is fit, willing , and able to operate the services proposed

by this application , as is evidenced by its o perational h istory and other evidentiary materials

contained in Exhibits SWWEST

- 1 through SWWEST

- 18 attached hereto

.

6

. Silk Way West ’ s insurance coverage satisfies the requirements set forth

in 14 C.F.R. Part 205. See Exhibit SWWEST

- 7.- 5

- 7

. Silk Way West will initially utilize Boeing 747

- 400F equipment for its

proposed U.S. operations. It will further add other aircraft that it has or may have in its fleet

in the future, including the Boeing 747

- 8F aircraft that it is planning to acquire by the end of

2014

. All of the aircraft Silk Way West intends to operate to the United States are registered

in Azerbaijan

. M aintenance of Silk Way West ’ s Boeing 747

- 400F aircraft intended for US

operations is done by “Cargolux Airlines International S.A.” under a service contract

. Silk

Way West will also enter into appropriate contracts in the United States for line maintenance

of its aircraft used for US operations as ne cessary

.

Azerbaijan is a contracting state to the Convention on International Civil

Aviation ("Chicago Convention"). Silk Way West ' s aircraft are maintained in compliance

with ICAO Annexes 1, 6 (Part 1), and 7. In addition, Silk Way West ’ s aircraft co nform to

respective type designs approved by the State of the Manufacturer and have been issued

civil airworthiness certificates in accordance with the provisions of ICAO Annex 8.

Oversight over continuous airworthiness of Silk Way West ’ s aircraft is per formed

under the applicable regulations of Azerbaijan as the state of the operator and of the registry o f

the aircraft as set forth in Annexes 1, 2, 6 and 8 to the Chicago Convention

.

8

. Silk way West ’ s proposed services that are the subject of this

appl ication are based upon comity and reciprocity between the Government of the United

States and the Government of Azerbaijan , as further described in Exhibit SWWEST

- 16

hereto

. Furthermore, Silk Way West has been formally designated by the State Civil

Aviati on Administration of the Republic of Azerbaijan to operate the proposed services

.

9

. Silk Way West is qualified to operate to the United States. As th is

permit and exemption application

, and appended exhibits demonstrate, Silk Way West has

assembled an experienced team of individuals to manage and develop the unique market

opportunities associated with the establishment of its U.S. service. Silk Way West has the- 6

-

financial and technical resources to maintain its domestic and international service. Se e

Exhibit SWWEST

- 9.

10

. A grant of Silk Way West ’ s instant application is in the public interest as

Silk Way West will provide the much needed services in the U.S.

- Azerbaijan aviation market.

Silk Way West represents a high quality operation that is capa ble of implementing a high level

cargo scheduled and charter operation to the U.S.

- Azerbaijan market. Silk Way West is a well

known operator in Azerbaijan looking to expand its operations to the United States in the near est

possible term

. As such, the De partment should act expeditiously in granting the authority

requested herein by Silk Way West

. A s was stated above, a grant of the requested authority is

also consistent with the bilateral undertakings between the United States and Azerbaijan

.

1 1

. A grant of Silk Way West ' s application would not constitute a "major

regulatory action" under 14 C.F.R. Part 313. Specifically, Silk Way West ' s annual fuel

consumption will not exceed 10 million gallons. Thus, a grant of the permit application will

not constitu te a "major regulatory action" within the meaning of Section 102(2)(c) of the

National Environmental Policy Act as implemented by 14 C.F.R. § 313.4. As a result, Silk

Way West is not required to submit additional information about the energy consumption

a nd energy efficiency consequences of its service proposal.

* * * * * * *- 7

- WHEREFORE, Silk Way West respectfully requests that the Department grant

this request for a foreign air carrier permit and exemption, or such other or further relief as

the De partment determines to be appropriate and consistent with the public interest.

Respectfully submitted,

GLENN P. WICKS

Counsel for Silk Way West Airlines

_______________________________ EK ATERINA A. GRIMES

Consultant for Silk Way West AirlinesCERTIFICATE OF SERVICE

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

upon each of the following electronic mail addresses:

sascha.vanderbellen@delta.com

sametta.c.barnett@delta.com

sllunsford@fedex.com

nssparks@fedex.com

gbleopard@fedex.com

msinick@ssd.com

enisson@nac.aero

mwiegele@nac.aero

kevin.montgomery@polarairca rgo.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@usairways.com

rsilverberg@sgbdc.com

jjohnson@sgbdc.com

jrichardson@johnrichards on.com

mriordan@johnrichardson.com

jcanny@amerijet.com

john@mietuslaw.com

rp ommer@atlasair.com

matwood@cozen.com

nwallace@wallaceair.com

agoerlich@ggh

- airlaw.com

judy@lac.lynden.com

rzerkel@lac.lynden.com

gwhite@lac.lynden.com

jdavis@lac.lynden.com

TGillies@southernair.com

info@airlineinfo.com

anita.mosner@hklaw.com

mlbenge@zsrlaw.com

urskr@state.gov

Ekaterina A. Grimes Dated: June 23 , 201 4