UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on May 19, 2010

NOTICE OF ACTION TAKEN -- DOCKET OST-2005-20571 ________________________________________________________________________________________________________________________________

This serves as notice to the public of the action described below, taken by the Department official indicated (no 

additional confirming order will be issued in this matter).

Applicant: Eurofly, S.p.A./Meridiana fly, S.p.A.

Date Filed: March 15, 2007, as amended February 26, 20101

Relief requested: Renew and amend exemption from 49 U.S.C. § 41301 to permit the applicant to engage in:2

a. Foreign scheduled and charter air transportation of persons, property and mail from any point or points 

behind any Member State of the European Union via any point or points in any Member State and via 

intermediate points to any point or points in the United States and beyond; 

b. Foreign scheduled and charter air transportation of persons, property and mail between any point or points in 

the United States and any point or points in any member of the European Common Aviation Area; 

c. Foreign scheduled and charter all-cargo air transportation between any point or points in the United States 

and any other point or points; and

d. Transportation authorized by any additional route rights made available to European Community carriers in 

the future.

The applicant requests that the exemption authority it seeks be granted for a term of two years.

Applicant representatives: Moffett Roller, 202-331-3300 DOT Analyst: Shelita Johnson (202) 366-1226

Responsive pleadings: On March 30, 2007, American Airlines, Inc. and United Air Lines, Inc. file a joint reply to 

Eurofly’s March 15, 2007 renewal request, stating that they did not oppose the request so long as the condition in that 

authority concerning operations at Milan’s Linate Airport was retained. On April 10, 2007, Eurofly filed a reply, 

acknowledging the condition’s applicability but asking that it be eliminated based on the effectiveness of the U.S.-EU 

Agreement. We received no responses to Eurofly’s February 26, 2010, amendment.

DISPOSITION

Action: Approved (see remarks below) Action date: May 19, 2010

Effective dates of authority granted: May 19, 2010 – May 19, 2012

Basis for approval (bilateral agreement/reciprocity): U.S.-EU Agreement

 1 The exemption was originally granted to the carrier in the name of Eurofly, S.p.A. In its February 26, 2010 amendment, the 

applicant stated that it was incorporating the aviation business of Meridiana, S.p.A. into Eurofly and would conduct business under 

the name Eurofly, S.p.A./Meridiana fly, S.p.A. 2 The applicant’s current exemption issued by Notice of Action Taken dated March 16, 2005 in this Docket, authorizes Eurofly to 

engage in (1) scheduled foreign air transportation of persons, property and mail from points behind Italy, via a point or points in 

Italy, and intermediate points to a point or points in the United States and beyond; and (2) charter foreign air transportation of 

passengers and cargo between any point or points in the United States and any point or points not in the United States, provided 

that, except with respect to cargo charters, such service constitutes part of a continuous operation that carriers local traffic between 

Italy and the United States; and other charters in accordance with 14 CFR Part 212. By Order 2006-5-4, dated May 4, 2006 in this 

Docket, the Department amended this exemption authority to prohibit operations by Eurofly between the United States and Milan’s 

Linate Airport.
Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our 

standard exemption conditions (attached).

Special conditions/Remarks: Eurofly requested that we grant it, in addition to authority currently contained in the 

U.S.-EU Agreement, authority to conduct transportation authorized by any additional route rights made available to 

European Community carriers in the future. We are granting the request of Eurofly for this authority. We are, 

however, requiring Eurofly, before it commences any new service under this authority, to provide us with evidence 

that it holds a homeland license for that new service, unless it has already provided such evidence.3

Finally, we are eliminating the condition we originally imposed by Order 2006-5-4 prohibiting operations by the 

applicant at Milan’s Linate Airport, as the issue that led to us imposing this condition has now been resolved.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation _______________________________________________________________________________________________________________________________

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) the applicant is 

qualified to perform the proposed operations; (2) our action was consistent with Department policy; (3) grant of the 

authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory 

action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we 

denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at 

any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s 

regulations, 14 CFR § 385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. 

This action was effective when taken, and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

 3 See Orders 2007-6-19 and 2007-10-1, and Orders 2007-7-13 and 2007-10-16, where we granted this authority to British Airways 

Plc. and Virgin Atlantic Airways Ltd., respectively.
Foreign Air Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such 

operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security 

Administration, and with all applicable U.S. Government requirements concerning security, including, but not 

limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance 

with all applicable U.S. Government requirements concerning security, the holder shall, before commencing 

any new service (including charter flights) from a foreign airport that would be the holder’s last point of 

departure for the United States, contact its International Industry Representative (IIR) (formerly referred to as 

International Principal Security Inspector) to advise the IIR of its plans and to find out whether the 

Transportation Security Administration has determined that security is adequate to allow such airport(s) to be 

served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to 

the commencement of any operations under this authority, file evidence of such coverage, in the form of a 

completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least 

equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air 

services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 

U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other 

tribunal in the United States that are: (a) based on its operations in international air transportation that, 

according to the contract of carriage, include a point in the United States as a point of origin, point of 

destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; 

or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of 

the United States. In this condition, the term "international air transportation" means "international 

transportation" as defined by the Warsaw Convention, except that all States shall be considered to be High 

Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States 

in a Member State of the European Union;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and 

charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, 

comply with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be 

prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and 

with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions 

imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department 

approval under Title 49 of the U.S. Code.

EU carrier 01/2008