UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY
WASHINGTON, D.C.

Issued by the Department of Transportation on June 10 , 2011



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2005

- 22140

_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (no

additional co nfirming order will be issued in this matter).

Applicant: LAN ARGENTINA S.A. Date Filed: May 17, 2011

Relief requested: Renewal of exemption from 49 U.S.C. § 41301 to permit the applicant to engage in scheduled
foreign air transp ortation of persons, property, and mail between any point or points in Argentina and Miami, Florida,

via the intermediate point Punta Cana, Dominican Republic.

If renewal, date and citation of last action: Ju ne 16, 2010, in this Docket.

Applicant representative: Charles F. Donley II and Marshall S. Sinick , 202

- 626

- 6600

DOT analyst: Robert J. Finamore , 202

- 366

- 2405

Responsive pleadings: None.

DISPOSITION
Action: Approved

. Action date: June 10

, 2011

Effective dates of authority granted: June 10 , 20 1 1 , through Ju ne 10 , 20 1 2.

Basis for approval: United States

- Argentina Air Transport Agreement.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard
exemption conditions (attached )

.

Action taken by: Paul L. Gretch, Director

, Office of International Aviation

_____________________________________________________________________________________________________________________________ __ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith
Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consist ent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Poli c y and
Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We
may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons en titled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14
CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effec tive

whe n taken, and the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:
http://www.regulations.gov

### Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations,
and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security
Administration, and with all applicable U.S. Government requirements concerning security, including , but not limited
to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all
applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service
(including chart er flights) from a foreign airport that would be the holder’s last point of departure for the United States,

contact its International Industry Representative (IIR) (formerly referred to as International Principal Security
Inspector ) to advise the I IR of i ts plans and to find out whether the Transportation Security Administration has
determined that security is adequate to allow such airport(s) to be served ;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the
commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST
Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards
Service (any chang es to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to
Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air

services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14
CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C.
1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the
United States that are: (a) based on its operations in international air transportation that, according to the contract of
carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for
which the contract of carriage was purchased in the United States; or (b) based on a claim under any international
agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, th e term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except
that all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in

its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and

charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply
with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

( 11) Comply with such other reasonable ter ms, conditions, and limitations required by the public interest as may be
prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all
applicable laws of the United States.

This authority shall no t be effective during any period when the holder is not in compliance with the conditions
imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval

under Title 49 of the U.S. Code.

1 2/2007