BEFORE THE 

OFFICE OF THE SECRETARY 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

BLUE PANORAMA AIRLINES, S.p.A. ) 

 ) Docket No. OST-2011- ______ 

exemption authority under 49 U.S.C. § 40109 ) 

and a foreign air carrier permit pursuant ) 

to 49 U.S.C. § 41301 ) 

(U.S. – E.U. Open Skies Authority) ) 

__________________________________________) 

APPLICATION OF BLUE PANORAMA AIRLINES, S.P.A. FOR AN 

EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be served upon: 

Giancarlo Zeni 

General Manager 

BLUE PANORAMA AIRLINES, S.p.A. 

Viale delle Arti, 123 

00054 Fiumicino 

Rome, Italy 

David M. Hernandez 

Shareholder 

VEDDER PRICE P.C. 

1401 I Street NW, Suite 1100 

Washington, DC 20005 

(202) 312-3320 

(202) 312-3322 (fax) 

dhernandez@vedderprice.com 

Counsel for 

BLUE PANORAMA AIRLINES, S.p.A. 

Dated: September 20, 2011 

Notice: Any person who wishes to support or oppose this application may file an answer 

and serve it on Blue Panorama Airlines S.p.A. and all persons served with the 

application. Answers to the exemption application are by October 5, 2011 and answer to 

permit application are due by October 11, 2011. 
 

BEFORE THE 

OFFICE OF THE SECRETARY 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

BLUE PANORAMA AIRLINES, S.p.A. ) 

 ) Docket No. OST-2011- ______ 

exemption authority under 49 U.S.C. § 40109 ) 

and a foreign air carrier permit pursuant ) 

to 49 U.S.C. § 41301 ) 

(U.S. – E.U. Open Skies Authority) ) 

__________________________________________) 

APPLICATION OF BLUE PANORAMA AIRLINES, S.P.A. FOR 

AN EXEMPTION AND A FOREIGN AIR CARRIER PERMIT

Pursuant to 49 U.S.C. §§ 40109, 41301, 41302, and the Department of 

Transportation’s Notice Application Procedures for Foreign Air Carriers of the European 

Union,1 United States – European Union Reciprocal Recognition Procedures for 

Regulatory Determinations, dated January 12, 2009, and the Streamlined Licensing 

Procedures,2 Blue Panorama Airlines S.p.A. (“Blue Panorama”) hereby applies for an 

exemption and a foreign air carrier permit authorizing Blue Panorama to conduct 

operations to and from the United States to the full extent authorized by the United States 

 

1

DOT Notice, Application Procedures for Foreign Air Carriers of the European Union, dated Feb. 19, 

2009.

2

 DOT Notice, Docket DOT-OST-2005-22228, dated Aug. 23, 2005. Blue Panorama requests that the 

Department grant this application with the issuance of a single Order either (i) granting the exemption 

authority for a period of two years or until the effective date of the Blue Panorama’s final foreign air 

carrier permit, whichever occurs first, and (ii) tentatively awarding the foreign air carrier permit. As soon 

as possible thereafter, Blue Panorama requests that the Department issue a Final Order issuing Blue 

Panorama’s EU-US open-skies foreign air carrier permit for a period of indefinite duration. 
 

– European Union Air Transportation Agreement (“U.S.-E.U. Agreement”), including 

authority to engage in: 

• Scheduled and charter foreign air transportation of persons, property and mail 

from any point(s) behind any Member State(s) of the European Community, 

via any point(s) in any Member State(s) and via intermediate points to any 

point(s) in the United States and beyond; 

• Scheduled and charter foreign air transportation of persons, property and mail 

between any point(s) in the United States and any point(s) in any member of 

the European Common Aviation Area; 

• Other charters pursuant to the prior approval requirements set forth in Part 212 

of the Department's economic regulations; and 

• Transportation authorized by any additional route or other right(s) 

made available to European Community carriers in the future. 

In support of its application and consistent with the U.S.-EU Reciprocal 

Recognition Procedures, Blue Panorama states as follows: 

1. The name and address of the Applicant is Blue Panorama Airlines S.p.A., 

a joint stock company duly incorporated, organized and existing under the laws of Italy, 

having its registered office at Viale delle Arti, 123 - 00054 Fiumicino, Rome, Italy.

2. The authority sought is for: (i) scheduled and charter foreign air 

transportation of persons, property and mail from any point(s) behind any Member 

State(s) of the European Community, via any point(s) in any Member State(s) and via 

intermediate points to any point(s) in the United States and beyond; (ii) scheduled and 

charter foreign air transportation of persons, property and mail between any point(s) in 

the United States and any point(s) in any member of the European Common Aviation 

Area; (iii) other charters pursuant to the prior approval requirements set forth in Part 212 

of the Department’s economic regulations; and (iv) transportation authorized by any 
 

additional route or other right(s) made available to European Community carriers in the 

future. 

3. Attached as Exhibit 1, as evidence of Blue Panorama’s operating authority 

in respect of the operations proposed, copy of the air carrier license issued on December 

24, 1998 (and subsequently renewed) and the Air Operator Certificate no. I-037. 

4. The name of the foreign air transport authority of the Applicant is Ente 

Nazionale per l’Aviazione Civile (ENAC), Viale Castro Pretorio 118, 00185 - Rome, 

Italy. 

5. Blue Panorama meets the Department’s requirements for insurance. Its 

insurance carrier is Assicurazioni Generali S.p.A. Attached as Exhibit 2 is OST Form 

6411. 

6. Attached as Exhibit 3 is OST Form 4523. Blue Panorama will also file the 

executed form in Docket OST-OST-95-236. 

7. Blue Panorama anticipates that grant of the requested authority will not 

result in additional annual aircraft fuel consumption exceeding ten (10) million gallons. 

Grant of the requested foreign air carrier permit would not constitute a major regulatory 

action under the Energy and Conservation Act of 1975, as defined in 14 C.F.R. § 313.4. 

8. Attached as Exhibit 4 is Blue Panorama’s Family Assistance Plan as 

required under 49 U.S.C. § 41313. A copy of the Family Support Plan was also filed in 

Docket OST-980-3304 and with the National Transportation Safety Board. 

9. Grant of this exemption and application is consistent with the U.S.-E.U. 

Agreement and is in the public interest. 
 

WHEREFORE, Blue Panorama respectfully requests that the Department 

promptly approve this application and issue exemption authority and a foreign air carrier 

permit pursuant to the U.S.-E.U. Reciprocal Recognition Procedures and the Streamlined 

Licensing Procedures, and grant such further additional relief as the public interest may 

require. 

Respectfully submitted, 

VEDDER PRICE P.C. 

___________________________________ 

David M. Hernandez, Shareholder 

1401 I Street NW, Suite 1100 

Washington, DC 20005 

(202) 312-3320 

dhernandez@vedderprice.com 

Counsel for 

BLUE PANORAMA AIRLINES, S.p.A.

Dated: September 20, 2011 
 

EXHIBIT LIST

Exhibit 

BPA-1 Operating License and Air Operator Certificate 

BPA-2 Foreign Air Carrier Certificate of Insurance (OST Form 6411) 

BPA-3 Warsaw Convention Waiver of Liability Limits (OST Form 4523) 

BPA-4 Family Assistance Plan 

BPA-5 Verification Required by 14 C.F.R. § 211.11 

EXHIBIT BPA – 1

(See Attached) 

 










EXHIBIT BPA – 2

(See Attached) 

 


EXHIBIT BPA – 3

(See Attached) 

 

EXHIBIT BPA – 4

(See Attached) 

 




EXHIBIT BPA – 5

(See Attached)