Order 2010-1-15

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 16 th day of November, 2009

Served: January 21, 2010

Application of

ALITALIA – COMPAGNIA AEREA ITALIANA S.P.A. Docket DOT-OST-2009-0219

for a foreign air carrier permit under 49 U.S.C. §41301

FINAL ORDER

By Order 2009-10-14, issued October 22, 2009, we direct ed all interested persons to show cause why we should not make final our tentative findi ngs and conclusions stated therein and award a foreign air carrier permit in the fo rm attached to the Order and s ubject to the conditions attached thereto. We gave interested persons 21 days to fi le objections to the Order. We said that if no objections were filed, all further procedural steps would be deem ed waived, and the Department would enter an order (subject to Presidential review under 49 U.S.C. §41307) which would make final the findings and conc lusions of the Order.

No objections were received w ithin the time period provided.

ACCORDINGLY,

1. We make final our findings and conclusions as stated in Order 2009-10-14 and award to Alitalia – Compagnia Aerea Ita liana S.p.A. the foreign air carrier permit with associated

conditions attached to the Or der (and attached as the A ppendix to the present Order);

2. Unless disapproved by the President of the United States under 49 U.S.C. §41307, this order

shall become effective on the 61 st day after its submission for section 41307 review or upon the date of receipt of advice from the President or his designee under Executive Order 12597 and implementing regulations that he or she does not intend to disapprove the Department’s order under that section, whichever occurs earlier; 1 and

1 This order was submitted for review under 49 U.S.C. §41307 on November 16, 2009. The 61 st day is January 19, 2010. Since the President or his designee did not disapprove this order before that date, it became effective on January 19, 2010.2

3. To the extent not acted upon above, we dismi ss all remaining requests for relief in Docket DOT-OST-2009-0219; and

4. We will serve a copy of this order on A litalia – Compagnia Aerea Italiana S.p.A., the Embassy of Italy in Washington, D.C., the Department of State (Office of Aviation Negotiations), and the Federal Aviation Administration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

Appendix

An electronic version of this document is available on the World Wide Web at: http://www.regulations.govIssued by

Order 2010-1-15

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.



### -------------------------------------- ------------------ PERMIT TO FOREIGN AIR CARRIER



### -------------------------------------- ------------------


### Alitalia – Compagnia Aerea Italiana S.p.A.

A Foreign Air Carrier of Italy

is authorized, subject to the following provisions, the provisions of Title 49 of the U.S. Code, and the orders, rules, and regulations of the Department of Transpor tation, to engage in:

Foreign scheduled and charter air transporta tion of persons, property, and mail from any point or points behind any Member Stat e of the European Union, via any point or points in any Member State and via interm ediate points to any point or points in the United States and beyond;

Foreign scheduled and charter air transp ortation 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;

Foreign scheduled and charter cargo air tran sportation between any point or points in the United States and any other point or points;

Other charters pursuant to the prior approval requirements set forth in 14 CFR Part 212 of the Department’s regulations; and

Transportation authorized by any addi tional route rights made available to European Community carriers in the future; provided , that the holder shall, before it commences any new service under such a dditional route rights, provide the Department with evidence that it holds a homeland license for that new service (unless it has already provided such evid ence to the Department). Such evidence

shall be filed in Docket DOT-OST-2009-0219.

This permit and the exercise of the privileges granted in it shall be subject to the terms,

conditions and limitations in both th e order issuing this permit and th e attachment to this order, and to all applicable provisions of any treaty, convention or agr eement affecting international air4

transportation now in effect, or that may become effective duri ng the period this permit remains in effect, to which the United States and the holder’s homeland are or shall become parties.

This permit shall be effective on January 19, 2010. Unless otherwise terminated at an earlier date pursuant to th e terms of any applicable treaty, convention or agre ement, this permit shall terminate (1) upon the dissolution or liquidation of the holder to whom it was issued; (2) upon the effective date of any treaty, convention, or agreement or amendment, which shall have the effect of eliminating the right for the service authorized by this permit from the service which may be operated by airlines of the European Commun ity and its Member States (or, if the right is partially eliminated, then the authority of this permit shall terminate in like part); or (3) upon the termination or expiration of the applicable air services agreement between the United States and the European Community and its Member States. However, clause (3) of this paragraph shall not apply if prior to such term ination or expiration, the foreig n air transportation authorized herein becomes the subject of a nother treaty, convention or agreem ent to which the United States and the European Community and its Member States become parties.

The Department of Transportation has execu ted this permit and affixed its seal on November 16, 2010.

By:

PAUL L. GRETCH

Director

Office of International Aviation 

### (SEAL)Foreign Air Carrier Permit Conditions

In the conduct of the operations author ized, the foreign carrier applicant shall:

(1) Not conduct any operations unless it holds a currently e ffective authorization from its homeland for such operations, and it has filed a copy of su ch authorization with the Department;

(2) Comply with all applicable requirements of the Federa l Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Govern ment 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 con cerning 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 Re presentative (IIR) (formerly referred to as International Principal Security Inspector) to advise the IIR of its pl ans and to find out whether the Transportation Security Administration has determined that security is ade quate to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance covera ge 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 Administra tion’s Program Management Branch (AFS-260), 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 comp lies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency re quirements 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 Wa rsaw 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 ope rations 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 w as purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any c ourt or other tribunal of the United States. In this condition, the term "international ai r transportation" means "international transportation" as defined by the Warsaw Convention, except that all States shall be cons idered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, origin ate 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, c oncerning the reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwi se provided in the applicable aviation agreement, comply with the Department's rule s 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 wh en 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