OST-98-3331 / Alitalia / Italy-Miami All-Cargo / January 15, 1998

NOTICE: The Applicant has requested immediate action on this Application and will poll the carriers on the attached service list.

Application of

ALITALIA-LINEE AEREE ITALIANE-S.p.A. / Docket OST-98-3331

for an exemption from 49 U.S.C. § 41301

(Italy-Miami all-cargo)

Pursuant to 49 U.S.C. § 40109, Subpart D of the Department's Procedural Regulations and Rule 410 of the Department's Rules of Practice, Alitalia-Linee Aeree Italiane-S.p.A. (.Alitalia.) hereby requests an exemption from 49 U.S.C. § 41301 authorizing Alitalia to engage in scheduled foreign air transportation of property and mail between points in Italy and Miami, Florida. Because the Department previously granted Alitalia the authority sought herein but the authority has expired due to an inadvertent calendaring error, Alitalia requests an immediate grant of this authority. Alitalia will poll the parties on the attached service list and report the results of the polling to the Department. In support of this Application, Alitalia states as follows:

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1. By Order 96-2-38, the Department granted Alitalia an exemption authorizing it to conduct scheduled all-cargo service between Italy and Miami. Due to an inadvertent calendaring error, Alitalia's exemption has expired. Accordingly, Alitalia hereby seeks reinstatement of its previously granted Italy-Miami all-cargo authority.

2. The authority requested is in full accordance with rights established by the Memorandum of Consultations signed on July 3, 1991 ("MOC") between the Government of the United States and the Government of the Republic of Italy. The MOC provides that the Italian designated airline shall have the right to operate all-cargo service to certain additional points in the U.S., one of which is Miami.

3. Alitalia has operated to the United States since 1956 under a series of permits, most recently issued by the Civil Aeronautics Board in

Apart from Alitalia's foreign air carrier permit authority and the Miami allcargo authority at issue, all of Alitalia's remaining exemption authority remains in effect pursuant to the terms of the Administrative Procedures Act and Part 377 of the Department's regulations.

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Order 71-4-1. Alitalia is authorized by the Government of the Republic of Italy to operate these services, and continues to be fit, willing and able to perform all services contemplated by this application.

4. Issuance of Alitalia's exemption will fully serve the public interest. It will enable Alitalia to continue providing consumers and shippers the established Italy-Miami service that has well served the market, as contemplated by the 1991 MOC. Issuance of the authority is also supported by the reasons prompting the grant of Alitalia's previous Italy-Miami exemption.

5. Alitalia requests that its exemption be issued immediately and remain in effect for a period of at least two years.

WHEREFORE, Alitalia-Linee Aeree Italiane-S.p.A. respectfully requests that the Department issue an immediate exemption authorizing it to engage in scheduled foreign air transportation of property and mail between points in

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Italy and Miami, Florida.

Respectfully submitted,

ZUCKERT, SCOUTT & RASENBERGER, L.L.P.

Richard D. Mathias

Cathleen P. Peterson

888 Seventeenth Street, N.W.

Suite 600

Washington, D.C. 20006

(202) 298-8660

Counsel for Alitalia-Linee Aeree Italiane-S.p.A.

January 15, 1998