NEOS S.p.A.

OST-2008-0075 - Exemption and Foreign Air Carrier Permit - US-EU

February 26, 2008

Application for Expedited Exemption and for Foreign Air Carrier Permit - Bookmarked

NEOS, an Italian foreign air carrier, hereby applies pursuant to 49 U.S.C. §§ 40109 and 41302, the Department's Rules of Practice and the Department's May 3, 2007 notice in Docket OST-2007-28126, "Expanded Authority for Foreign Air Carriers From the European Union," for grant of an expedited exemption and for a foreign air carrier permit to become effective on, or as soon as feasible after, March 30, 2008 authorizing: a) Foreign charter air transportation of persons, property and mail between any point in the United States and any point in the European Common Aviation Area (defined as of April 30, 2007); b) Foreign charter air transportation of persons, property and mail from any point or points bellind any European Union Member State via any point or points in a European Union Member State, and via any intermediate point, to any point or points in the United States and beyond; and c) Any other charters that may be authorized in the future under a U.S.-E.U. Agreement, or pursuant to the prior approval requirements of Part 212 of the Department's economic regulations.

NEOS is presently authorized by exemption granted in OST-2006-24835 to operate as a foreign charter air carrier to the full extent now authorized such carriers by the United States-Italy bilateral "Open Skies" Agreement. NEOS' pemut application in Docket OST-2006-24834 remains pending, undecided, before this Department.

Counsel: Miller Hamilton, Lester Bridgeman, 251-439-7536

Order 2008-5-35
OST-2008-0075 - Exemption and Foreign Air Carrier Permit - US-EU

Issued and Served May 23, 2008

Order Granting Exemption and To Show Cause

Foreign 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 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; Other charters pursuant to the prior approval requirements set forth in the Department’s regulations governing charters; and
Charter transportation authorized by any additional route rights made available to European Community carriers in the future; provided, that the holder shall, before it commences any new service under such additional route rights, provide the Department with evidence that it holds a homeland license for that new service (unless it has already provided such evidence to the Department).

Neos’ existing exemption authority, issued by Notice of Action Taken dated June 20, 2006, in Docket DOT-OST-2006-24835 authorizes it to engage in charter foreign air transportation of persons, property and mail between: 1) any point or points in the Republic of Italy and any point or points in the United States; 2) between any point or points in the United States and any point or points in any third country or countries, provided that such services constitute part of a continuous operation that includes service at a point or points in Italy for the purpose of carrying local traffic between Italy and the United States; and 3) other charters in accordance with 14 CFR Part 212.

Neos is owned by an Italian corporation whose ultimate ownership rests with citizens of Italy. Six of the seven members of Neos’ Board of Directors hold Italian citizenship, with the remaining member holding German citizenship.

By: Paul Gretch

Order 2008-8-19
OST-2008-0075 - Exemption and Foreign Air Carrier Permit - EU-US Charter Passenger

Issued June 18, 2008 | Served August 18, 2008

Final Order

By Order 2008-5-35, issued May 23, 2008, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated therein and award a foreign air carrier permit in the form attached to the Order and subject to the conditions attached thereto. We gave interested persons 21 days to file objections to the Order. We said that if no objections were filed, all further procedural steps would be deemed 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 conclusions of the Order.

By: Paul Gretch