Application of LAN CARGO S.A. BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON D.C.

for exemption authoritypursuantto 49

## u.s.c. § 40109 ) ) ) ) ) ) ) DOCKET OST-2001-10708

APPLICATION OFLAN CARGO S.A. FORA RENEWAL OFEXEMPTION Communications withrespect to this document shouldbe sent to:
Juan Carlos Menci6 General Counsel, N.A. Helen Warner SeniorCorporate Counsel, N.A. LAN CARGO S.A. 6500 N.W. 22 Street Miami, Florida 33122 (786) 265-6089 (305) 871-8736 (fax)
NOTICE: Pursuant to 14 C.F.R. §377.10, LAN CARGO relies onthe provisions of5 U.S.C. §558(c) to continueLAN CARGO's current exemption authority in effectuntil final action is taken on this renewal application. Anyperson may file an answer in support of, orin opposition to this Application within fifteen days ofthe date offiling. November 10, 2011BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON D.C. Application of ) ) ) ) ) ) ) LAN CARGO S.A. for exemption authority pursuant to 49

## u.s.c. §40109 DOCKET OST-2001-10708

APPLICATION FOR RENEWAL OF EXEMPTION
Pursuantto 49 U.S.C. §40109 and 14 C.F.R. Part 302, LAN CARGO S.A. ("LAN CARGO") hereby applies for renewal ofits exemption from 49 U.S.C. §41301 to engage in: (a) the scheduled foreign air transportation ofpersons, property and mail from pointsbehind ChileviaChile and intermediatepoints to apoint orpoints in the United States and beyond; and (b) the scheduled foreign air transportation ofproperty and mail betweenthe United States and anypoint orpoints. The requested authority is consistent with and encompassed by the Open Skies Air Transport Agreementbetweenthe United States and Chile. In support ofthis application, LAN CARGO states as follows: 1. On November 12, 2009, the Department of Transportation (the "Department") issued a renewal of the Notice of Action under OST-2001-10708, approving this exemption authority. This exemption authority was issued for two years and is currently set to expire on November 12,2011.

22. LAN CARGO is fit, willing and has already and continues to perform all services encompassed by its current exemption and by this renewal application. LAN CARGO holds a foreign air carrierpermit authorizing it to engage in scheduled foreign air transportation between points in Chile and Miami, via intermediate points. 

### Order 81-8-118. The authority requested herein will enable LAN CARGO to continue developing the range of services that it offers between the United States and Chile and provides LAN CARGO the full flexibility ofoperation that is contemplatedbythe Agreement for carriers ofboth countries.

3. LAN CARGO requests that the authority sought herein remain in effect for a period ofnot less than two years. On October 19, 2007 LAN CARGO filed an application to amend its foreign air carrier permit to encompass all ofthe rights available to Chilean carriers under the Open Skies Air Transport Agreement. The Department has yet to pronounce on LAN CARGO's amendment.

4. Pursuant to 14 C.F.R. §377.10, LAN CARGO relies onthe provisions of5 U.S.C. § 558(c) to continue LAN CARGO's current exemption authority in effect until final action is taken on this renewal application.

3WHEREFORE, LAN CARGO requests that the Department grant a renewal ofthe exemption authority described above. Respectfully submitted, LAN CARGO S.A.
By: 

## -:::rlt'1V tlJ1 IUA----
. Juan Carlos Menci6 General Counsel, N.A. HelenWarner Senior Corporate Counsel, N.A. 6500 N.W. 22 Street Miami, Florida 33122 Phone(786)265-6091 Fax: (305) 871-8736

Date: November 10, 2011

4CERTIFICATE OF SERVICE

I hereby certify that a copy ofthe foregoing Application for Renewal ofExemption has this day been served on all persons identified on the attached service list via electronic mail, facsimile and/or first class mail.

Helen Warner
Dated: November 10, 2011

6

### SERVICE LIST
sascha.vanderbellen@delta.com; sametta.c.barnett@delta.com; jeff.morgan@delta.com dan.weiss@coair.com; steve.morrissey@united.com anbird@fedex.com anita.mosner@hklaw.com kevin.montgomery@polaircargo.com kelli.bryan@evergreenairlines.com; matwood@cozen.com; mfeldmann@kalittaair.com; nwallace@wallaceair.com agoerlich@ggh-airlaw.com jrichardson@johnlrichardson.com jamestello@earthlink.net bill@mietuslaw.com; mlbenge@zsrlaw.com carl.nelson@aa.com pmurphy@lopmurphy.com charters@evergreenairlines.com john@mietuslaw.com
November 11, 2011