BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

___________________________________

In the matter of the application of )

)

Aerovias de Integracion Regional )

AIRES S.A. ) DOCKET OST-2008-0390

)

for renewal of exemption pursuant to )

49 U.S.C. § 40109 )

____________________________________)

APPLICATION OF AERONVIAS DE INTEGRACION REGIONAL AIRES S.A. 

FOR A RENEWAL OF EXEMPTION AUTHORITY

Communications with respect to this document should be sent to:

Erika Zarante Josh Romanow

Legal Affairs Manager Justin J. Bintrim

LAN Colombia Pillsbury Winthrop 

Calle 100 # 7-33 Shaw Pittman LLP

Torre 1, Piso 17 2300 N. Street, N.W.

Bogota D.C., Colombia Washington, D.C. 20037

Tel: (571+) 511-3000 Ext. 71615 Tel: (202) 663-8000

Erika.zarante@aires.com.co Fax: (202) 663-8007

romanow@pillsburylaw.com

justin.bintrim@pillsburylaw.com

October 11, 2012

NOTE: Any person may support or oppose this Application by filing an answer and 

serving a copy of the answer on counsel for LAN Colombia and upon each person served 

with this application. Answers to the exemption application are due by October 26, 2012.
2

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

___________________________________

In the matter of the application of )

)

Aerovias de Integracion Regional )

AIRES S.A. ) DOCKET OST-2008-0390

)

for renewal of exemption pursuant to )

49 U.S.C. § 40109 )

____________________________________)

APPLICATION OF AERONVIAS DE INTEGRACION REGIONAL AIRES S.A. 

FOR A RENEWAL OF EXEMPTION AUTHORITY

Aerovias de Integracion Regional, AIRES S.A. d/b/a (“LAN Colombia”), through 

its undersigned counsel, hereby respectfully requests renewal of exemptions in this 

docket that authorize it to engage in scheduled foreign air transportation of persons, 

property, and mail, between: (a) Bogota, Cali, Cartagena, and Barranquilla, Colombia, on 

the one hand, and Fort Lauderdale, Florida, on the other hand; (b) Bogota, Colombia, on 

the one hand, and Miami, Florida, on the other hand; and (c) also authorizes it to coterminalize Fort Lauderdale and New York for its services from Bogota, Barranquilla and 

Cartagena. 

In support of this application, LAN Colombia states as follows:

1. By Notice of Action Taken (October 25, 2011), the Department granted an amended 

exemption to LAN Colombia permitting it to engage in scheduled foreign air 
3

transportation of persons, property and mail between: (a) Bogota, Cali, Cartagena, and 

Barranquilla, Colombia, on the one hand, and Fort Lauderdale, Florida, on the other 

hand; (b) Bogota, Colombia, on the one hand, and Miami, Florida, on the other hand; and 

(c) authorizes it to co-terminalize Ft. Lauderdale and New York for its services from 

Bogota, Barranquilla and Cartagena, Colombia. The exemption authority is effective 

until October 25, 2012. 

2. LAN Colombia also holds authority to serve New York in its foreign air carrier 

permit (See Order 2009-6-14). 

3. The authority requested herein is consistent with the overall comity and reciprocity 

between the United States and Colombia. 

4. The renewal requested herein will enable LAN Colombia to continue developing the 

range of services it offers between the United States and Colombia, while providing LAN 

Colombia the full operational flexibility contemplated by the Open Skies Air Transport 

Agreement between the United States and Colombia.

5. LAN Colombia remains fit and willing to continue to successfully operate the 

services authorized and those sought under this exemption. LAN Colombia’ service is in 

the public interest because it provides crucial links between Colombia and the United 

States. 

6. LAN Colombia’ operations are performed with modern aircraft that meet all noise 

requirements applicable to operations at all respective airports. Since LAN Colombia is 

seeking renewal for scheduled service in a market where it already operates, the 

incremental environmental impact of grant of the renewal request herein can be said to be 

de minimis.
4 

7. LAN Colombia requests that the authority sought herein remain in effect for a period 

of not less than two years. 

8. LAN Colombia invokes and relies upon provisions of Section 558(c) of the 

Administrative Procedure Act (5 U.S.C. 558(c)), as implemented by Part 377 of the 

Department’s Special Regulations, to continue in effect its existing exemption authority 

pending final action by the Department on this request for renewal. 

WHEREFORE, LAN Colombia respectfully requests that the exemption 

authorities requested herein be renewed for a period of two years, as more fully set forth 

above. LAN Colombia also requests such further, different and additional relief as the 

Department may deem appropriate.

Respectfully submitted,

By: 

Erika Zarante Josh Romanow 

Legal Affairs Manager Justin J. Bintrim

LAN Colombia Pillsbury Winthrop 

Calle 100 # 7-33 Shaw Pittman LLP

Torre 1, Piso 17 2300 N. Street, N.W. 

Bogota D.C., Colombia Washington, D.C. 20037 

Tel: (571+) 511-3000 Ext. 71615 Tel: (202) 663-8000 

Erika.zarante@aires.com.co Fax: (202) 663-8007 

 romanow@pillsburylaw.com

justin.bintrim@pillsburylaw.com

Dated: October 11, 2012 
5

CERTIFICATE OF SERVCE

I hereby certify that one copy of the foregoing Application of LAN Colombia has 

this day been served on each of the following individuals via e-mail.

_/s/Melinda A. Hernandez____________ 

Melinda A. Hernandez

DATED: October 11, 2012

James Jelinski

Federal Aviation Administration

JamesR.Jelinski@faa.gov

James J. Ballough

Federal Aviation Administration

jim.ballough@faa.gov

Steve Morrissey

United Air Lines

steven.morrissey@united.com

Dan Weiss

Continental Airlines

dweiss@coair.com

Robert Wirick

Francis Heil

American Airlines, Inc.

robert.wirick@aa.com

francis.heil@aa.com

Sametta C. Barnett

Sascha Vanderbellen

Delta Airlines

sametta.c.barnett@delta.com

sascha.vanderbellen@delta.com

Jonathan Hill

Dow Lohnes

Counsel for JetBlue

jhill@dowlohnes.com

David M. Kirstein

Counsel for Spirit Airlines

dkirstein@yklaw.com

Malcolm L. Benge

Counsel for North American 

mlbenge@zsrlaw.com