BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Transcription

1 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. '-1 ;i: '.' :cr'nor,it!a»i r'l.'/'iil/lllulv Amendment to Application of OPEN JOINT STOCK COMPANY Docket DOT-OST for foreign air carrier permit pursuant to 49 U.S.C (U.S.-Russian Federation) AMENDMENT TO APPLICATION OF OPEN JOINT STOCK COMPANY FOR FOREIGN AIR CARRIER PERMIT Communications with respect to this document should be sent to: Alex Ea-inichansky Executive Director B. Polyanka Street, 47, bid. 1 Moscow , Russian Federation Denis Savchenko Head of Governmental Affairs Dept. of International Relations B. Polyanka Street, 47, bid. 1 Moscow , Russian Federation June 28, 2010 Eileen M. Gleimer Gerald F. Murphy Meaghan F. Molinini CROWELL & MORING LLP 1001 Pennsylvania Avenue, N.W. Washington, DC (202) e gleimer@crowell.com gmurphv@crowell.com mmolinini@crowell.com Counsel for Transaero Airlines NOTICE: Answers to this amendment are due on or before July 19, Counsel will poll the interested carriers and will promptly notify the Department of the polling results.

2 BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Amendment to Application of OPEN JOINT STOCK COMPANY Docket DOT-OST for foreign air carrier permit pursuant to 49 U.S.C (U.S.-Russian Federation) AMENDMENT TO APPLICATION OF OPEN JOINT STOCK COMPANY FOR FOREIGN AIR CARRIER PERMIT Open Joint Stock Company Transaero Airlines ("Transaero") requests an amendment of its pending application for a foreign air carrier permit to include authority to provide scheduled foreign air transportation of persons, property, and mail (i) from any point or points behind the Russian Federation, via any point or points in the Russian Federation and intermediate points, to New York, New York and Miami, Florida, and (ii) from New York, New York and Miami, Florida, to any point or points in the Russian Federation and beyond. Transaero's pending application requests only authority to provide service between Moscow, on the one hand, and New York, New York and Miami, Florida, on the other. With the broader authority, permitted by the January 14, 1994 Air Transport Agreement between the United States and the Russian Federation, as amended

3 ("U.S.-Russia Agreement"), Transaero will be able to integrate its New York and Miami service to its other operations via its Moscow hub.i In support of this amendment, Transaero states as follows: 1. On April 13, 2010, Transaero applied under 49 U.S.C and 40109, Subparts B and C of the Department's Rules of Practice in Proceedings (14 C.F.R and , et seq.). Part 211 of the Department's Economic Regulations, the Department's August 23, 2005 Notice in Docket OST , and the U.S.-Russia Agreement, for an exemption and a foreign air carrier permit authorizing Transaero to provide: (i) scheduled foreign air transportation of persons, property and mail between Moscow, Russian Federation, on the one hand, and New York, New York and Miami, Florida, on the other hand; and (ii) charter foreign air transportation of persons, property and mail between a point(s) in the Russian Federation, on the one hand, and a point(s) in the United States, on the other hand, and other charter flights as permitted pursuant to Part 212 of the Department's Regulations. 2. On June 7, 2010, the Department issued Order , granting Transaero the requested exemption authority and directing au interested persons to show cause why its tentative decision to grant a foreign air carrier permit should not be made final ("Show Cause Order"). The deadline for interested parties to submit comments to the Show Cause Order is no later than June 28, As of the time of this fihng, Transaero has not been served with any comments. 1 Transaero has been granted an exemption in this docket to provide service between Russia, on the one hand, and New York and Miami on the other (DOT Order ). Concurrent with this application, Transaero is applying to amend its exemption consistent with the authority requested herein.

4 3. Transaero seeks authority to provide air transportation from points (i) behind Moscow (both intra-russian and third country points), via Moscow to Miami, Florida and New York, New York, and (ii) from New York, New York and Miami, Florida, to any point or points in the Russian Federation and beyond. Transaero intends to commence service to the United States in October 2010 by offering scheduled flights between Domodedovo International Airport ("DME"), on the one hand, and JFK International Airport and Miami International Airport, on the other. Transaero would like to expand its authority so that it can sell tickets between other points in its network and Miami and New York, via Moscow. 4. Transaero is fit, willing and able to provide the foreign scheduled and charter air transportation services described herein and to comply with Title 49 of the United States Code and the applicable rules, regulations and requirements of DOT and other governmental agencies. 5. Grant of a foreign air carrier permit to Transaero to include the requested operations set forth herein is fully consistent with the U.S.-Russia Agreement. Aviation relations between the U.S. and Russia have been harmonious since the signing of the U.S. Russia Agreement, and there is every reason to believe that they will continue as such. The fact that the authority is consistent with the rights available to Russian carriers under the U.S.-Russia Agreement provides prima facie evidence that approval of this application is in the public interest. 6. Based upon its anticipated services to and from the U.S., Transaero expects that its annual fuel consumption will be less than ten million gallons. Thus, issuance of this

5 foreign air carrier permit 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. WHEREFORE, Transaero respectfully requests that the Department approve this application and promptly issue a foreign air carrier permit authorizing the air transportation described herein, and grant such further and additional reuef as the public interest may require. Transaero will poll carrier representatives served with its application and advise the Department of the results. Respectfully submitted, CROWELL & MORING LLP June 28, 2010 'lfvll ^/^ ^\^,-^i. Eileen M. (Sleimer Gerald F>Murphy Meaghan F. Molinini egleimer@crowell.com gmurphv@crowell.com mmolinini@crowell.com Counsel for Transaero Airlines

6 CERTIFICATE OF SERVICE I certify that I have this date served a copy of the foregoing application on the persons listed below in accordance with the Department's Rules of Practice: carl.nelson@aa.com hershel.kamen@coair.com dan.weiss@coair.com sascha.vanderbellen@delta.com ieff.morgan@delta.com ie frey.manley@united.com julie.oettinger@united.com howard.ka8s@usairways.com beniamin.slocum@usairwavs.com bruce.rabinovitz@wilmerhale.com iabreu@miami-airport.com i sp amp a@p any ni. gov dwight. moore@ustranscom. mil herb.herzog@faa.gov bverlvir@state.gov June 28, 2010 Kathleen Duffy 0