BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of ) ) WIND ROSE AVIATION COMPANY ) ) Docket DOT-OST-2020-_______ for an exemption pursuant to 49 U.S.C. § 40109 ) ) (Ukraine – U.S.) ) ) APPLICATION OF WIND ROSE AVIATION COMPANY FOR AN EXEMPTION Communications with respect to this document should be addressed to: Jonathon H. Foglia Barbara M. Marrin KMA Zuckert LLC 888 17th Street, NW, Suite 700 Washington, D.C. 20006 +1 202.298.8660 [email protected] [email protected] Counsel for Wind Rose Aviation Company December 7, 2020 NOTE: Any person may support or oppose this Application by filing an answer and serving a copy of the answer on counsel for Wind Rose Aviation Company and upon each person served with this Application. Answers to this Application are due by December 22, 2020. Wind Rose Aviation Company intends to poll on this Application and will advise the Department of the results. BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of ) ) WIND ROSE AVIATION COMPANY ) ) Docket DOT-OST-2020-_______ for an exemption pursuant to 49 U.S.C. § 40109 ) ) (Ukraine – U.S.) ) ) APPLICATION OF WIND ROSE AVIATION COMPANY FOR AN EXEMPTION Wind Rose Aviation Company d/b/a Windrose Airlines (“Windrose”), a foreign air carrier of Ukraine, hereby applies, under 49 U.S.C. § 40109 and Subpart C of the Department’s Rules of Practice in Proceedings (14 C.F.R. § 302.301 et seq.) for an exemption from 49 U.S.C. § 41302 in order to engage in scheduled and charter foreign air transportation of persons, property and mail from points behind Ukraine, via Ukraine and intermediate points to a point or points in the United States and beyond to the full extent authorized by the U.S. – Ukraine Open Skies agreement. So that it may begin providing the services which are the subject of this Application as promptly as possible, Windrose respectfully requests expedited processing of this Application.1 1 Upon issuance of the requested exemption, Windrose anticipates providing foreign air transportation to and from the United States pursuant to wet leasing arrangements involving flights operated by either a U.S. air carrier or a duly licensed foreign air carrier of a country ranked as Category 1 under the FAA’s IASA program. Windrose further anticipates directly operating ad hoc charters to and from the United States using its own metal, after obtaining the required FAA operations specifications and TSA security approval. To facilitate its request for the expedited processing of this Application, Windrose will poll the carriers served with this Application and notify the Department of the results. 1 Application of Wind Rose Aviation Company Docket DOT-OST-2020- _____ In support of its application, Windrose states as follows: 1. The applicant’s full name is Wind Rose Aviation Company. Its principal place of business is 04070, Ukraine, Kyiv, Voloska str., 50/38, office 134. Wind Rose Aviation Company is an enterprise established under the laws of Ukraine. The Certificate of Registration of Wind Rose Aviation Company evidencing its organization is attached as Exhibit A. 2. The government air transport authority with jurisdiction over Windrose is the State Aviation Administration of Ukraine (“SAA”). Its address is as follows: 01135, Ukraine, Kyiv, 14 Peremohy Ave. 3. Authority Requested: Windrose seeks authority to engage in scheduled and charter foreign air transportation of persons, property and mail from points behind Ukraine, via Ukraine and intermediate points to a point or points in the United States and beyond, as well as other charters under Part 212 of the Department’s regulations. 211.20(c) 4. Management: Information regarding management of Windrose is attached hereto as Exhibit B. 5. Statement of Ownership: Information regarding the ownership of Windrose is attached hereto as Exhibit C. One hundred percent of Windrose is ultimately owned by a Ukrainian national. Mr. Volodymyr Kamenchuk. 6. Neither Windrose nor any of its key management personnel holds any direct or indirect interest in any U.S. or foreign air carrier, nor does Windrose have any interests 3 Application of Wind Rose Aviation Company Docket DOT-OST-2020- _____ in persons engaged in the business of aeronautics, or any common carrier or person whose principal business is the holding of stock in, or control of, any air carrier. 7. Windrose’s insurance meets the minimum requirements set forth in 14 C.F.R. 205. A copy of Windrose’s OST Form 6411, Certificate of Insurance is attached hereto as Exhibit D. 8. A copy of Windrose’s Air Operator Certificate and Operating License is attached as Exhibit E. Windrose is authorized by the SAA to perform charter service to the United States, and currently is in the process of obtaining scheduled traffic rights from the SAA for U.S. services. Upon receipt of such scheduled traffic rights from the SAA, Windrose will promptly provide appropriate documentation to the Department under separate cover. 9. Windrose has been in continuous operations since 2008. Exhibit F provides additional background information on Windrose and its operations. 10. Fleet Composition: Windrose’s fleet is described in more detail in Exhibit G. 11. Maintenance: Line maintenance for Windrose is performed by its own maintenance organization (approval number UA.145.0016) at Windrose’s hubs at Kyiv Borispyl Airport (KBP) and Dnipro International Airport (DNK). Line maintenance at other stations is performed by either Windrose’s own or a contracted maintenance organization. Windrose’s maintenance program complies with the provisions of the ICAO Pilots and Airmen Annexes I, 6 (Part I), and 7. Ukraine is a contracting state to the Chicago Convention. 4 Application of Wind Rose Aviation Company Docket DOT-OST-2020- _____ 12. Agreements: No cooperative arrangements or other agreements between Windrose and any U.S. or foreign air carrier would affect the services that Windrose proposes in this Application. 13. The required financial summary is attached as Exhibit H. Concurrent with the filing of this Application, Windrose is, by separate filing, requesting confidential treatment under 14 C.F.R. § 302.12 for the information contained in Exhibit H. 14. Windrose does not receive any financial assistance from the Government of Ukraine. 15. Ukraine’s Policy with respect to United States Carriers: It is the understanding of Windrose that the Government of Ukraine would authorize services similar to those requested herein for a U.S. carrier under the applicable bilateral agreement. Windrose’s new service will benefit travelers and shippers in Ukraine and the United States, serve the interests of comity and reciprocity, and will, therefore, serve the public interest. 16. The services proposed by Windrose are also fully consistent with the applicable bilateral agreement.2 The United States has consistently recognized that the inclusion of a service in a bilateral agreement to which the United States is a party and 2 AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF UKRAINE, signed at Washington, on July 14, 2015, at Article 2. 5 Application of Wind Rose Aviation Company Docket DOT-OST-2020- _____ the grant of route authority for a qualified foreign carrier for such service satisfy all relevant public interest requirements for grant of exemption authority.3 17. Tariff Violations/Accidents: Windrose has not been involved in any tariff violations or fatal accidents in the past five years. 18. Waiver of Warsaw Convention Liability Limits: A copy of Windrose’s OST Form 4523 is attached hereto as Exhibit I. 19. Foreign Air Carrier Family Support Act Plan: Windrose’s plan as required under 49 U.S.C. §§ 1136 and 41313 will be submitted to the National Transportation Safety Board shortly. Windrose will cause a copy of the plan to be filed in Docket DOT- OST-1998-3304. 20. Summary of Passenger Manifest Information Collection Procedures: Windrose will collect the passenger manifest information required by 14 C.F.R. part 243 and will transmit that information to the U.S. Department of State in the event of an aviation disaster. A summary of Windrose’s procedures is attached as Exhibit J. 21. Fuel Consumption: The operation proposed by Windrose will not result in a near term increase in fuel consumption of ten million gallons or more. Consequently, grant of the authority requested herein will not constitute a “major regulatory action” under the Energy Policy and Conservation Act of 1975, as defined in 14 C.F.R § 313.4 (a)(1). 22. Verification: The verification required by 14 C.F.R § 302.4(b) is attached hereto as Exhibit K. 3 See, S.REP. No. 96-329, at 4 (1979), reprinted in 1980 U.S.C.C.A.N. 54, 57 (“The negotiation of a bilateral agreement itself represents a determination by the Government of the United States that the grant of route authority provided for under the bilateral is in the ‘public interest.’”). 6 Application of Wind Rose Aviation Company Docket DOT-OST-2020- _____ 23. Duration: Windrose requests that the exemption sought herein be issued for a minimum period of two years, consistent with the Department’s established policy with respect to exemption authority for foreign air carriers from open skies countries. For the reasons set forth above, Windrose is fully qualified to operate the services for which authority is herein requested. # # # 7 Application of Wind Rose Aviation Company Docket DOT-OST-2020- _____ WHEREFORE, based upon the foregoing information, Wind Rose Aviation Company respectfully requests that it expeditiously be granted (i) an exemption to engage in scheduled and charter foreign air transportation of persons, property and mail as more fully described above, and (ii) such other or additional relief as the Department deems consistent with this Application and the public interest.