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 document 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 copy of the answer on counsel for New Livingston S.p.A. Answers to the 

foreign air carrier permit application are due on or before October 30, 2012; answers to 

the exemption application are due on or before October 24, 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 LIVINGSTON 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 Livingston”), 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 described herein.

This application is filed pursuant to the Department’s Notice 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 (Docket

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 enhanced 

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

business is located at Via Giovanni XXIII, 206 21010 Cardano al Campo, Italy. 

211.20(a).

2. Consistent with rights available to carriers of both parties to the U.S.-EU Air

Transport Agreement, New Livingston requests authority to engage in:

a. foreign charter air 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. foreign 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 points 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 Operator 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 Carriers—Certificate of 

Insurance is attached hereto as Exhibit B. 211.20(h).

 2

 The principal address of ENAC is Ente Nazionale Aviazione Civile (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 Livingston’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. Department 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 therefore 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 information 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.

(Remainder 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 transportation 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 submitted,

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 on 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 identified below:

Robert Lynch

Federal Aviation Administration

robert.lynch@faa.gov

Steve Morrissey

United Airlines

steve.morrissey@united.com

Robert Wirick

Francis Heil

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.com

/s/Melinda A. Hernandez__

Melinda A. Hernandez
TABLE 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 Information Collection Procedures

Exhibit F Verification
EXHIBIT A

AIR OPERATOR CERTIFICATE




EXHIBIT B

OST FORM 6411 FOREIGN AIR CARRIERS—CERTIFICATE OF INSURANCE



EXHIBIT C

OST FORM 4523

WARSAW LIABILITY 

LIMITS
EXHIBIT 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, 

procedures 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, and 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 organizations, 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 –

Century of Aviation Reauthorization Act, New Livingston will publish 

this Family Assistance Plan and insert this plan into all appropriate New 

Livingston manuals.

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 airports 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 

toll-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, the 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 Executive 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 Livingston 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 obtain 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 accident.
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 Passenger 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 names.

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 inaccuracies 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” with 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 coordinate 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 to 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 document, 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 has 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 Livingston 

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 care 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 no 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 city 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 

unidentifiable 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 effects 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 control 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 significant damage to man-made structures or nongovernment-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 

notice 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 accordance 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 available 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. New 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 through 

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 organization 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 David 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 and 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 Agreements

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 

revise 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 United 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 agent 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 Procedures

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 disclosed 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 later 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 Hour 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 email at 

occ@livingstonair.it.
EXHIBIT F

VERIFICATION