BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) )

NEW LIVINGSTON S.p.A. ) ) Docket No. OST

-

_________ for an exemption under 49 U.S.C. § 40109 and ) a foreign air carrier permit pursuant to ) 49 U.S.C. § 41301 (EU

- US Charters) )

_________________________________________ )

APPLICATION OF NEW LIVINGSTON S.P.A.

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Communications with respect to this do cument should be addressed to:

Josh Romanow

Anna Park

PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037 Tel: (202) 663

- 8000 Fax: (202) 663

- 8007

E

- mail: romanow@pillsburylaw.com

E

- mail: anna.park@pillsburylaw.com

October 9

, 2012 Counsel for New Livingston S.p.A.

NOTE: Any person may support or oppose this application by filing an answer and serving a cop y of the answer on counsel for New Livingston S.p.A. Answers to the foreign air carrier permit application are due on o r before October 30 , 2012 ; answers to the exemption application are due on or before October 2 4 , 2012

.BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) )

NEW LIVINGSTON S.p.A. ) ) Docket No. OST

-

_________ for an exemption under 49 U.S.C. § 40109 and ) a foreign air carrier permit pursuant to ) 49 U.S.C. § 41301 (EU

- US Charters) )

_________________________________________ )

APPLICATION OF NEW LI VINGSTON S.P.A.

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Pursuant to 49 U.S.C. §§ 40109 and 41301, Part 211 of the U.S. Department of

Transportation ’s economic regulations, and the Department’s rules of practice, New

Livingston S.p.A. (“ New Livings ton ”), a foreign air carrier of Italy , hereby applies for

exemption authority and a foreign air carrier permit to conduct charter foreign air

transportation of persons, property, and mail, between a point or points in the European

Community and the Member States of the European Union, and a point or points in the

United States, to the full extent allowed under the Air Transport Agreement between the

United States and the European Community and the Member States of the European

Union, 1 as more fully describe d herein.

This application is filed pursuant to the Department’s N otice of February 19, 2009

relating to Application Procedures for Foreign Air Carriers of the European Union.

Consistent with the Department’s notices of May 3, 2007 and August 23, 2005 (D ocket

No. OST

- 2005

- 22228), New Livingston requests expedited processing of this application

1 Air Transport Agreement between the United States, the European Community, and the Member States of the European Union (2007).to allow it to begin the proposed services as soon as possible. The authority sought

herein will result in increased travel choices, greater service options, and e nhanced

competition, thereby benefiting consumers in both the United States and the Member

States of the European Union. The following is provided in support of this application:

1. The applicant’s full name is New Livingston S.p.A

. Its principal place of

b usiness is located at Via Giovanni XXIII, 206 21010 Cardano al Campo , Italy

.

211.20(a).

2. Consistent with rights available to carriers of both p arties to the U.S.

- EU Air

Transport Agreement, New Livingston requests authority to engage in:

a. foreign charter ai r transportation of persons, property

, and mail from any point or points behind any Member State of the European Community 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. forei gn 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 State of the European Common Aviation Area;

c. foreign charter cargo air transportation between any point or po ints in the United States and any other point or points; and

d. charter transportation consistent with any future, additional rights that may be granted to foreign air carriers of the Member States of the European Community. 211.20(c)

.

3. New Livingston ’s Air O perator Certificate (AOC) from the Ente Nazionale Per

L’Aviazione Civile (ENAC) 2 is attached hereto as Exhibit A

. 211.20(b) and (i).

4. New Livington ’s insurance meets the minimum requirements specified in 14

C.F.R. 205. A copy of OST Form 6411, Foreign Air Car riers

— Certificate of

Insurance is attached hereto as Exhibit B

. 211.20(h).

2 The principal address of ENAC is Ente Nazionale Aviazione Civi le (ENAC) Viale Castro Pretorio, 118 00185 Roma Italy; phone +39 06 445961; fax +39 06 44596493.5. A copy of OST Form 4523

, Waiver of Warsaw Convention Liability Limits is

attached hereto as Exhibit C

. 211.20(t)

.

6. Foreign Air Carrier Family Support Act Plan: A summary of New Liv ingston’s

procedures is attached as Exhibit D

.

7. Summary of Passenger Manifest Information Collection Procedures: New

Livingston will collect the passenger manifest information required by 14 C.F.R.

§ 243 and will transmit that information to the U.S. Depart ment of State in the

event of an aviation disaster. A summary of New Livingston’s procedures is

attached as Exhibit E

.

8. Grant of the authority sought herein will not result in a near term increase in fuel

consumption of ten million gallons or more, and th erefore will not comprise a

“major regulatory action” under the Energy Policy and Conservation Act of 1975,

as defined at 14 C.F.R. § 313(a)(1).

9. The verification required by 14 C.F.R

. 302.4(b) is attached hereto as Exhibit E

.

10. As demonstrated by the informa tion provided herein, New Livingston is fully

qualified to operate the services for which authority is requested; grant of the

requested authority is consistent with the U.S.

- EU Air Transport Agreement and

will therefore serve the public interest.

(Remaind er of page intentionally left blank)WHEREFORE, for the foregoing reasons, New Livingston respectfully requests

that the Department issue an exemption and foreign air carrier permit authorizing New

Livingston to engage in foreign charter air transportatio n of persons, property, and mail

to the full extent allowed under the U.S.

- EU Air Transport Agreement, and any future

amendments that may provide additional rights to foreign air carriers of the Member

States of the European Community.

Respectfully su bmitted,

Josh Romanow

Anna Park

PILLSBURY WINTHROP SHAW PITTMAN LLP 2300 N Street, N.W. Washington, D.C. 20037 Tel: (202) 663

- 8000 Fax: (202) 663

- 8007

E

- mail: romanow@pillsburylaw.com

E

- mail: anna.park@pillsburylaw.com

October 9

, 2012 Counsel for New Livingston S.p.A.CERTIFICATE OF SERVICE

The undersigned certifies that o n October 9 , 2012

, the Application of New

Livingston S.p.A. for an Exemption and Foreign Air Carrier Permit, was served by

electronic mail on the individuals identifie d below:

Robert Lynch

Federal Aviation Administration
robert.lynch@faa.gov Steve Morrissey

United Airlines
steve.morrissey@united.com

Robert Wirick

Francis H eil

American Airlines
robert.wirick@aa.com francis.heil@aa.com Sascha Vanderbellen

Sametta Barnett

Delta Airlines
sascha.vanderbellen@delta.com
sametta.c.barnett@delta.com

Dan Weiss

Continental Airlines
dan.weiss@coair.com Howard Kass
US Airways
howard.kass@usairways.com

Malcolm L. Benge
North American, World Airways
mlbenge@zsrlaw.com Russell E. Pommer

Atlas Air Inc.
rpommer@atlasair.c om

/s/ Melinda A. Hernandez

__ Melinda A. HernandezTABLE OF EXHIBITS

Exhibit A Air Operator Certificate (AOC)

Exhibit B OST Form 6411, Foreign Air Carriers

— Certificate of Insurance

Exhibit C OST Form 4523, Warsaw Liability Limits

Exhibit D Family Assistance Plan

Exhibit E Summary of Passenger Manifest I nformati o n Collection Procedures

Exhibit F VerificationEXHIBIT A

AIR OPERATOR CERTIFICATEEXHIBIT B

OST FORM 6411 FOREIGN AIR CARRIERS

— CERTIFICATE OF INSURANCEEXHIBIT C

OST FORM 4523

WAR SAW L IABIL ITY

LIMITSEXHIBIT D

NEW LIVINGSTON S.P.A.

FAMILY ASSISTANCE PLAN

1. Overview

1.1. The purpose of the New Livingston S.p.A. (“ New Livingston ”) Family Assistance Plan is to provide company personnel with the guidelines,

pro cedures and training that will enable them to act in the best interests of the families of passengers involved in any aircraft accident involving New Livingston aircraft and resulting in a major loss of life, to treat survivors and families with dignity, a nd to respect the cultural and religious backgrounds of survivors and families.

1.2. This document is a part of a larger effort, which includes the National Transportation Safety Board, other government entities and appointed independent non

- profit organi zations, to assist survivors and families in

the event of an aviation disaster.

2. Pre

- Response Planning

2.1. In accordance with the Foreign Air Carrier Family Assistance Act of 1996 (49 U.S.C. Section 1136 & Section 41313), as amended by Vision 100

– Ce ntury of Aviation Reauthorization Act, New Livingston will publish this Family Assistance Plan and insert this plan into all appropriate New Livingston man u als.

2.2. The treatment of families of non

- revenue passengers (and any other victim

of the accident ) will be the same as the treatment of the families of

revenue passengers.

2.3. The New Livingston Emergency Response Team will be utilized to respond to likely needs of survivors and families.

2.4. Training will be based upon employee’s responsibilities and New Livingston will provide logistical support to the Response Team.

2.5. Training of Family Assistance Personnel will be conducted in conjunction with New Livingston’s training recognizing that:

2.5.1. A list of trained Family Assistance Personnel will be maintained in the New Livingston Emergency Response Plan.2.5.2. Personnel who are in public contact positions need to know how to respond to inquiries and facilitate responses to them.

2.5.3. Families may seek assistance from New Livingston at a irports that are neither the origin nor the destination of the flight.

2.5.4. Simulations of the Plan will be held annually in addition to participation in local disaster drills.

2.5.5. After an aviation disaster involving a New Livingston aircraft, a

to ll

- free “800” number will be published for the use of families to inquire about passengers.

2.5.6. It is New Livingston’s policy that manifest information will only be released by the designated New Livingston Coordinator to the proper NTSB authorities, t he director of family support services designated for the accident under section 1136(a)(1), the organization designated for the accident under section 1136(a)(2); the New Livingston NTSB Family Assistance Coordinator, New Livingston’s President, the Execu tive Vice President, Vice President of Flight Operations or Vice President of Human Resources and Administration or their authorized representatives. Any other release of manifest information is considered unauthorized and prohibited.

2.5.7. New Livingst on will inform family members (or family friends or clergy who are with the family) at an appropriate time, but as early as possible after being notified, that it is critical that they contact their family dentist to obtain the dental records and dental x

- rays of their loved one. New Livingston will ask the family to have the

records and x

- rays sent by special courier to the address of the hotel where the joint family support operations center will be located. Packages should be addressed to the Director, Family Support Services, NTSB. If the family is coming to the site the next day, the family may arrange to hand

- carry these documents. If the family is already at the accident site or arrives without making these arrangements, the Disaster Mortuary Team personnel will coordinate with the family’s dentist to o b tain dental records

and dental x

- rays.

2.5.8. New Livingston will ensure that its employees and agents receive adequate training to meet the needs of survivors and family members following an acc i de nt.3. Passenger Manifest, Ticket Reconciliation and Notification

3.1. In order to determine which passengers actually boarded the flight, New Livingston personnel immediately after the accident will begin a review of the following:

3.1.1. On board Pas senger Manifest.

3.1.2. Standby passengers.

3.1.3. Non

- revenue passengers.

3.1.4. Re

- routed passengers.

3.1.5. Passengers who cancelled their reservation.

3.1.6. Jump seat riders.

This process could be delayed by persons traveling under different nam es.

3.2. New Livingston will release, upon request, to the NTSB Family Services Director a passenger list. This would be upon the firm understanding that the list reflects the best available information at the time of the request, that it may have inaccu racies and it may not be complete.

3.2.1. All personnel involved with handling the manifest will be briefed

as to the confidential/sensitive nature of this information.

3.2.2. All appropriate manifest lists will be stamped “PRELIMINARY

AND UNCONFIRMED” w ith date, time and list number.

3.2.3. New Livingston will update the list periodically.

3.2.4. Upon request, New Livingston will provide to the Department of State information in its possession about foreign passengers.

3.2.5. New Livingston will coord inate as necessary with the Department of Justice for family meetings to explain Department of Justice

services.

3.3. Notification Procedures

3.3.1. As soon as information becomes available on each passenger, that passenger’s family will be notified.3. 3.1.1. Notification to family members will be made prior to release of the passenger’s name to the public and, to the extent practical, in person.

3.3.2. New Livingston personnel making the notification will be suitably trained as noted in Paragraphs 2.4 , 2.5 and 2.5.8 of this document.

3.3.3. New Livingston will secure a facility for family members that will insure privacy from solicitors and the media.

3.3.4. After coordination with NTSB, New Livingston will provide a joint support operations center t o provide logistical support to the

federal staff.

3.3.5. As appropriate, New Livingston will continually update the public on the progress of family notification.

3.4. Confidential/Sensitive Information

3.4.1. As stated in paragraph 2.5.7 of this docum ent, any unauthorized release of manifest information is prohibited.

4. Passenger Identification

4.1. Medical Examiner/Coroner

4.1.1. The medical examiner or coroner is responsible for the positive

identification of fatalities.

4.1.1.1. If the victim h as died, the medical examiner will coordinate with the Disaster Mortuary Team Commander to provide official notification of death to family.

4.1.1.2. For injured passengers, the hospital is responsible for status updates and either the hospital or New Liv ingston

will advise the families.

5. Family Access to the Accident Site.

5.1. The NTSB has accident site jurisdiction.

5.2. Within the limits established by the authorities, New Livingston will respond to family requests for access to the accident scene

.

5.3. New Livingston will assist up to two members (exceptions would be made as individual cases and cultural differences would have to be considered)of the family of a passenger traveling to the location of the accident and provide for the physical car e of the family while the family is staying at

such location.

5.3.1. For purposes of this plan, “Family” shall mean legal or common law spouse (specifically excluding “same

- sex spouses”), parents or children of the injured/deceased. If the deceased has n o Family as defined, up to two close living relatives would be considered “Family.”

5.3.2. Physical care.

5.3.2.1. Transportation to and from accident city.

5.3.2.2. Transportation to and from accident site.

5.3.2.3. Hotel accommodations at accident ci ty for a reasonable time period.

5.3.2.4. Meal voucher during hotel stay and day of travel to and from the accident city.

6. Human Remains and Personal Effects

6.1. The medical examiner is responsible for the disposition of identifiable and

unidentifiab le human remains.

6.2. Authorities should return identifiable personal effects to victim’s family rather than having New Livingston become a custodian of them; authorities should determine disposition of unidentifiable personal effects.

6.3. Personal eff ects that come into the control of New Livingston will be handled in the following manner after release from the NTSB:

6.3.1. New Livingston will consult with each family about the disposition of personal effects that are in Livingston’s control.

6.3.2. New Livingston will return to the family, if requested, any passenger’s possession that is under the control of New Livingston.

6.3.3. New Livingston will retain for 18 months any unclaimed property of a passenger that is under New Livingston’s control.

6.3.4. New Livingston will consult with the families about the construction by New Livingston of any planned monument, including the inscription on it.6.3.5. New Livingston will only be able to return personal effects that come into New Livingston’s cont rol once permission of the NTSB has been obtained as the items may have some bearing on the accident investigation.

7. Liability for Man

- Made Structures

7.1 In accordance with the 49 U.S.C. Section 41313(c), in the event of an accident resulting in signi ficant damage to man

- made structures or non

government

- owned property on the ground, New Livingston shall promptly provide written notification directly to the owner of liability for any property damage and the means for obtaining compensation. Such

notic e shall advise the owner: (a) to contact the property insurer as the authoritative source for coverage and compensation information; (b) to not rely on unofficial information offered by New Livingston’s representatives about compensation by New Livingston for accident

- site property damage; and (c) to obtain detailed evidence of property damage as soon as possible following the accident, consistent with restrictions to the accident site.

8. Simultaneous Electronic Transmission of NTSB Hearings

8.1 In accor dance with 49 U.S.C. Section 41313(c), in the event of an accident in which the NTSB conducts a public hearing or comparable proceeding at a location more than eighty (80) miles from the accident site, New Livingston shall ensure the proceeding is made ava ilable simultaneously by electronic means at a location open to the public at the origin city and destination city of the New Livingston flight, if that city is located in the

United States.

9. Relationship with Designated Independent Organization

9.1. N ew Livingston will work with the independent nonprofit organization that is designated under 49 U.S.C. Section 1136(a)(2) to provide mental health and counseling services to families.

9.1.1. Mental health services can be coordinated on a local basis throu gh the nonprofit organization or these services can be brought in from another city where the airline may have a Mental Health

Professional on retainer.

9.1.2. Should long

- term counseling be required, New Livingston will coordinate with the nonprofit orga nization appointed by the NTSB, the family and the company providing the service.9.2. New Livingston will develop a procedure to pay reasonable compensation

to the NTSB

- designated independent non

- profit organization as required by 49 U.S.C. Section 41313 (C)(11) where the nature and scope of its work and the kind of costs to be incurred have been discussed and agreed in

advance.

9.3. New Livingston will coordinate with family members as to their need for American Red Cross, or where applicable, Magen Davi d Adom, for

assistance.

9.4. New Livingston will participate in the daily coordination meetings to review daily activities, resolve problem areas, and to synchronize future family support operations and activities.

10. Filing of this document with NTSB a nd DOT

10.1 Pursuant with the Foreign Air Carrier Family Assistance Act of 1996, 49 U.S.C. Section 41313(b), this document will be filed with the National Transportation Safety Board and the Department of Transportation.

11. Revisions and Code

- Share Agre ements

11.1. New Livingston reserves the right to introduce changes to this plan from

time to time.

11.2. New Livingston does not presently have an approved code

- share arrangement with any United States carrier. If New Livingston were to

enter into such an agreement and it were approved, New Livingston may

r e vise this plan.

12. Accidents Not Covered by this Plan

12.1 New Livingston will consult with the NTSB and the Department of State if it voluntarily provides assistance to U.S. citizens in the Unite d States with respect to accidents outside the United States not covered by this plan involving loss of life.

13. Emergency Contact Information

13.1 New Livingston’s 24

- hour, 365 days a year contact is located in Milan Malpensa Airport

- Italy

. Any age nt of the U.S. government may contact operations center personnel at any time by dialing

+39.02.74866963/+39.0331.267802

. The telephone numbers have been submitted to the NTSB and can be used by the NTSB 24 hours per day, seven days per week.EXHIBIT E

SUMMARY OF PASSENGER MANIFEST INFORMATION COLLECTION

PROCEDURES

NEW LIVINGSTON S.p.A.

Introduction

This summary is submitted by New Livingston S.p.A. to the U.S. Department of Transportation in accordance with 14 C.F.R. Part 243.

Summary of Procedure s

For each covered flight segment, New Livingston S.p.A. shall collect, or cause to be collected, the full name of each passenger who is a U.S. citizen. Any U.S. citizen who does not provide this information will not be permitted to board.

New Livingston S.p.A. will request an emergency contact telephone number and name from U.S. citizen passengers. As the provision of this information is voluntary, New Livingston S.p.A. will not deny boarding to any passenger who refuses to provide it.

New Livingston S. p.A. shall store the information collected pursuant to the above procedures until passengers on the covered flight segment disembark. This information will be kept confidential and will not be used for purposes other than those described

herein or disclose d to any entity except as required and permitted by law.

In the event of an aviation disaster, New Livingston S.p.A. shall contact the Managing Director of Overseas Citizen Services, Bureau of Consular Affairs, U.S. State Department, by telephone. Not lat er than three hours after confirmation of such a disaster, New Livingston S.p.A. shall transmit to the U.S. State Department and, upon request, the National Transportation Safety Board, the information collected in accordance with these procedures.

24 Hou r Contact Information

New Livingston S.p.A.’s 24

- hour operations center is located in Milan Malpensa Airport

- Italy . Any agent of the U.S. government may contact operations center personnel at any time by dialing + 39.02.74866963/+39.0331.267802 or via e mail at occ@livingstonair.it.EXHIBIT F

VERIFICATION