U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, …

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C. ________________________________ Application of ) ) Italia Trasporto Aereo, S.p.A. ) ) for an exemption pursuant to ) 49 U.S.C. § 40109 and ) Docket DOT-OST-2021-_______ for a foreign air carrier permit under ) 49 U.S.C. § 41303 ) (EU – U.S. Open Skies) ) _______________________________ )

APPLICATION FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be sent to:

David M. Endersbee Barbara M. Marrin KMA Zuckert LLC 888 17th Street, NW, Suite 700 Washington, D.C. 20006-3309 (202) 298-8660 (phone) (202) 342-0683 (fax) [email protected] [email protected]

Counsel to Italia Trasporto Aereo S.p.A.

August 27, 2021 NOTE: Any person may support or oppose this Application by filing an answer and serving a copy of the answer on counsel for Italia Trasporto Aereo, S.p.A. and upon each person served with this Application. Answers to the exemption application are due on or before September 13, 2021 and answers to the foreign air carrier permit application are due September 17, 2021. Counsel for ITA will poll the carrier representatives served with this Application and notify the Department of the polling results.

BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C. ________________________________ Application of ) ) Italia Trasporto Aereo, S.p.A. ) ) for an exemption pursuant to ) 49 U.S.C. § 40109 and ) Docket DOT-OST-2021-_______ for a foreign air carrier permit under ) 49 U.S.C. § 41303 ) (EU – U.S. Open Skies) ) _______________________________ )

APPLICATION FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Italia Trasporto Aereo S.p.A. (“ITA” or the “the Applicant”), respectfully applies,

under Subparts B and C of the Department’s Rules of Practice in Proceedings (14 C.F.R.

§§ 302.201 and 302.301 et seq.), Part 211 of the Department’s Economic Regulations,

and the Department’s streamlined licensing procedures1 for (i) an exemption under 49

U.S.C. § 40109 and (ii) a foreign air carrier permit under 49 U.S.C. § 40103, to enable

ITA to provide scheduled and charter foreign air transportation of persons, property and

mail, as more fully described herein. The application for an exemption and a foreign air

carrier permit is filed pursuant to the Department’s notice of February 19, 2009 relating to

Application Procedures for Foreign Air Carriers of the European Union.

ITA is a società per azioni formed under the laws of Italy on November 11, 2020.

It is wholly-owned by the Italian Ministry of Economy and Finance and was created for

the purpose of creating an efficient, innovative and competitive airline, able to provide

Italy with quality connectivity in synergy with the strategic sectors of tourism and

1 See Notice in Docket OST-2005-22228 (Aug. 23, 2005).

Application of Italia Trasporto Aereo, S.p.A. August 27, 2021 Page 2

international trade. Prior to the start of its flight operations, planned for October 15, 2021,

ITA will acquire certain assets (such as aircraft) from Alitalia - Società Aerea Italiana

S.p.A. (“Alitalia”). Prior to this date ITA will also participate in a public tender to acquire

the “Alitalia” brand.2

ITA’s initial plans include service between Milan and New York and between

Rome, on the one hand, and Boston, New York, and Miami, on the other hand. In 2022

ITA plans to add additional destinations from Rome including Washington, D.C. and Los

Angeles, and in 2023, Chicago and San Francisco.

In order to promptly commence marketing and sales, ITA is polling the carriers

served with this application to facilitate expedited Department approval. ITA will notify

the Department of the results as soon as such polling has been completed.

ITA is requesting authority to engage in foreign air transportation to the full extent

permitted under the U.S.-EU-Iceland-Norway Air Transport Agreement of June 21, 2011

(the “U.S. – EU Open Skies Agreement”), including:

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;

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;

Foreign scheduled and charter cargo air transportation 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 C.F.R. Part 212 of the Department’s regulations; and

2 If ITA acquires the “Alitalia” brand it will make the appropriate trade name registration with the

Department pursuant to Part 215 or, depending on the timing of the tender, will amend this application.


Transportation authorized by any additional route rights made available to European Community carriers in the future, subject to required pre-notifications to the Department.

ITA asks that the exemption be valid for two years from its issuance date or until

the effective date of the foreign air carrier permit approval, whichever occurs first.

In accordance with 14 C.F.R. Part 211 and the Department’s Application

Procedures for Foreign Air Carriers of the European Union, the Applicant states as

follows:

1. The full name and address of the applicant is Italia Trasporto Aereo, S.p.A.,

with a principal place of business at Via Venti Settembre 97, 00187 Rome (Italy).

2. The homeland government air transport authority with jurisdiction over ITA

is the Ente Nazionale per l'Aviazione Civile (“ENAC”), the Italian Civil Aviation Authority,

with an address at Viale Castro Pretorio, 118 - 00185 – Rome, Italy.

3. ITA holds all necessary homeland operating authority to engage in the

international air transport services which are the subject of this Application. In this regard,

the Air Operator Certificate (“AOC”), the Operating License, and the official designation

of ITA, all as issued by ENAC, are attached hereto as Exhibit 1.

4. ITA’s insurance coverage meets or exceeds the liability limits of 14 C.F.R.

Part 205. A completed OST Form 6411, Foreign Air Carriers - Certificate of Insurance,

will be separately filed with the Department shortly.

5. A completed OST Form 4523, documenting ITA’s waiver of liability

limitations under the Warsaw Convention will provided separately and filed in Docket

OST-1995-236.


6. ITA will ensure that its Family Assistance Plan, required by 49 U.S.C. §

41313, will be filed with the Department in Docket DOT-OST-1998-3304 and the National

Transportation Safety Board (the “Board”).

7. ITA’s Passenger Manifest Collection Procedures as required under 14

C.F.R. Part 243 will be filed in Docket DOT-OST-1998-3305.

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

in fuel consumption of ten million gallons or more, and thus shall not constitute a “major

regulatory action” under the Energy Policy and Conservation Act of 1975, as defined in

14 C.F.R. § 313(a)(1).

9. ITA requests that its foreign air carrier permit be issued for an indefinite

period. ITA is willing to accept all terms, conditions and limitations typically attached to

such foreign air carrier permits.

10. A copy of the required verification statement is attached hereto as Exhibit

2.


WHEREFORE, based on the foregoing, Italia Trasporto Aereo, S.p.A. respectfully

requests that the Department expeditiously grant the requested exemption and approve

the foreign air carrier permit, as described herein. Italia Trasporto Aereo further requests

such other or additional relief as the Department considers consistent with this application

and the public interest.

Respectfully submitted,

_____________________ David M. Endersbee Barbara M. Marrin KMA Zuckert LLC 888 17th Street, NW, Suite 700 Washington, D.C. 20006-3309 (202) 298-8660 (phone) (202) 342-0683 (fax) [email protected] [email protected] Counsel to Italia Trasporto Aereo S.p.A.

August 27, 2021

CERTIFICATE OF SERVICE

I hereby certify that on this, the 27th of August, 2021, a copy of the foregoing Application of Italia Trasporto Aereo, S.p.A. was served via electronic mail on the parties indicated below: Amna Arshad ([email protected]) (Counsel to United) Dan Weiss ([email protected]) Stephen J. Morrissey ([email protected]) Anita Mosner ([email protected]) Marina O’Brien ([email protected]) Donatai Smalls ([email protected]) Chris Walker ([email protected]) Alex Krulic ([email protected]) Steven Seiden ([email protected]) Robert Wirick ([email protected]) John B. Williams ([email protected]) Indyara Andion ([email protected]) Sharlee Edwards ([email protected]) [email protected] Sandra Lunsford ([email protected]) Anne Bechdolt ([email protected]) Brian Hedberg ([email protected]) John Vestal ([email protected]) Aaron Goerlich ([email protected]) (Counsel to Allegiant Air and Western Global) Robert P. Silverberg ([email protected]) (Counsel to ABX Air) Jeffrey Johnson ([email protected]) (Counsel to ABX Air) David Heffernan ([email protected]) (Counsel to Alaska Airlines and Horizon Air) Naveen Rao ([email protected]) Mark W. Atwood ([email protected]) (Counsel to Kalitta Air) J. Parker Erkmann ([email protected]) (Counsel to Hawaiian Airlines) Malcolm L. Benge ([email protected]) (Counsel to National Airlines) John R. Mietus, Jr. ([email protected]) (Counsel to Centurion Air Cargo, Sky Lease Cargo, and Caribbean Sun d/b/a/ World Atlantic Airlines) Kevin Montgomery ([email protected]) [email protected] Robert Land ([email protected]) Reese Davidson ([email protected]) Ricardo Domingo ([email protected])

___________________

James A Thumpston

EXHIBIT 1

Italia Trasporto Aereo., S.p.A.

Air Operator Certificate

Operating License

Designation

Modello ENAC OPS 138 (EASA Form 138 Issue 2) 24 settembre 2019

CERTIFICATO DI OPERATORE AEREO (AIR OPERATOR CERTIFICATE)

Tipi di operazioni: Trasporto aereo commerciale (CAT) Types of operation: Commercial air transport (CAT)

Passeggeri; Merci; □ Altro: …………………………………. Passengers Cargo Other

REPUBBLICA ITALIANA (Italian Republic) Revisione n° 0

(Revision no.)

Ente Nazionale per l’Aviazione Civile

(Italian Civil Aviation Authority)

COA n. IT.AOC.0194

(AOC no.)

[Denominazione Operatore - Forma Giuridica] [Operator Name]

Italia Trasporto Aereo S.p.A.

I recapiti da utilizzare per contattare la gestione operativa senza ritardi inaspettati sono elencati in OM A 2.3.2

(Contact details, at which operational management can be contacted without undue delay, are listed in OM A 2.3.2

Denominazione commerciale: (Dba trading name)

ITA S.p.A.

Indirizzo sede principale delle operazioni: (address of Operator’s principal place of business)

Viale dell’Arte, 19

00144 Roma - Italia

Telefono (Telephone): +39 0656556407

Fax: +39 0656556407

E-mail [email protected]

Il presente certificato attesta che Italia Trasporto Aereo S.p.A. è autorizzata a effettuare operazioni di volo commerciali, come definito nelle specifiche delle operazioni allegate, conformemente al manuale delle

operazioni, all'allegato V del regolamento (UE) 2018/1139 e ai corrispondenti atti delegati e di esecuzione. This certificate certifies that Italia Trasporto Aereo S.p.A. is authorised to perform commercial air operations, as defined in the attached operations specifications, in accordance with the operations manual, Annex V to Regulation (EU) 2018/1139 and its delegated and implementing acts.

Data di rilascio: 18/08/2021 (Date of issue)

Nome e firma: Ing. Marco Silanos (Name and Signature) (documento informatico firmato digitalmente

Ai sensi dell’art. 24 D. Lgs. 82/2005 e ss.mm.ii.) (digitally signed document in accordance with

Italian Law 82/2005, art. 24D)

Titolo: Direttore Operazioni Centro (Title) (Central Italy Operations Director)

tel. +39 06 44596300fax +39 06 44596301

[email protected] [email protected]

www.enac.gov.it

Viale Castro Pretorio, 11800185 Romacentr. +39 06 44596-1c.f. 97158180584DG

Director General

Federal Aviation Administration - FAA k.a. Mr. Steve [email protected] Mr. Ben TaylorDirector, Office of International AviationU.S. Department of [email protected]

c.c.:

Ministero degli Affari Esteri edella Cooperazione InternazionaleD.G.M.O. - Ufficio [email protected]

Ambasciata d’Italia a [email protected]

Ambasciata degli Stati Uniti a [email protected]

Ministero delle Infrastrutture e delle Mobilità SostenibiliUfficio di [email protected]@mit.gov.it;Vice Capo di [email protected]

ITA - Italia Trasporto Aereo [email protected]

Subject: Aeronautical relationships Italy – United States of America. Designation of the new Italian carrier ITA - Italia Trasporto Aereo S.p.A.

Dear Sirs,

The Italian Civil Aviation Authority presents its compliments to the Federal Aviation Administration – FAA of United States of America and has the pleasure to designate – on the basis of understandings in force – the Italian

carrier ITA - Italia Trasporto Aereo S.p.A. to operate scheduled services on the routes between our Countries.

The new company is expected to start its operations on 15 October next.

We inform you that ITA - Italia Trasporto Aereo S.p.A.:

a) is established in the Italian territory according to the European Union Treaty and is certified and licensed in compliance with Reg. (CE) 1008/2008; b) The regulatory control of the company is exercised and maintained in Italy by ENAC, Italian Civil Aviation Authority; c) The Company is directly owned by EU nationals.

We will highly appreciate the issue of the relevant permits in due time, to allow the new designated Italian carrier to start its operation according to its program.

Please do not hesitate to contact us for any further clarification at the following e-mail address:[email protected],[email protected]; [email protected],[email protected]

Thanking you for Your collaboration, we avail ourselves of this opportunity to express the senses of our consideration.

Yours Faithfully,

Alessio Quaranta(this document is digitally signed according to the Italian law D.L.gs 82/2005)

ETA/FS

Exhibit 2

Verification Statement

Documents

U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, …