UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on January 25, 20 1 3



### NOTICE OF ACTION TAKEN

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_____________________________________________ ___________________________________________________ ________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Applicant : A EROVIAS D E INTEGRACION REGIONAL, AIRES S.A. d/b/a LAN COLOMBIA ( LAN

Colombia )

Date Filed: December 12, 2012 1

Relief requested: Amendment of exemption under 49 USC §4 0109 to permit the applicant to engage in scheduled and

charter foreign air transportation of persons, property, and mail from points behind Colombia via Colombia and intermediate points to any point or points in the United States and beyond. 2

D ate and citation of last action: October 2 5 , 20 11 , in the above referenced Docket.

Applicant repre sentative: Jeffery N. Shane and Patrick R. Rizzi

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DOT ana lyst: Brett Kruger , 202

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Responsive pleadings: None.

DISPOSITION

Action: Approved. Action date: January 25 , 201 3

Effective dates of authority granted: January 25 , 201 3 , through January 25 , 201 5

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Basis for approval (bil ateral agreement/reciprocity): U.S.

- Colombia Air Transport Agreement.

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

- applicable terms, conditions, and limitations of LAN Colombia’s foreign air carrier permit (Order 2009

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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 consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy an d

Conservation Act of 19 75. 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.

1 On October 11, 2012, LAN Colombia filed an application to renew its existing exemption authority in this docket. That authority has been kept in force pursuant to Part 377 of the Department’s regulations and is now subsumed by the broader exemption authority we are granting here.

2 LAN Colombia’s existing exemp tion authority permits it to engage in scheduled foreign air transportation of persons, property,

and mail (1) between Bogota, Cali, Cartagena, and Barranquilla, Colombia, on the one hand, and Fort Lauderdale, Florida, on the

other hand ; and (2) between Bo gota, Colombia, on the one hand, and Miami, Florida, on the other hand. See Notice of Action Taken dated October 25, 2011, in this Docket. LAN Colombia’s exemption authority also permits it to coterminalize Ft.

Lauderdale and New York for its services fr om Bogota, Barranquilla, and Cartagena. AIRES holds authority to serve New York in its foreign air carrier permit. See Order 2009

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- 14.Persons entitled to petition the Depar tment 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 when 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 cond uct 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 Dep artment;

(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 charter 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 its plans and to find out whether t he 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 changes to, or termination of, insuranc e 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 compete ncy 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 limi ts 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

i n 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 wh ich 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, the term "international air transporta tion" 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, origina te 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 other wise 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 terms, conditions, and limitations required by the public interest a s 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 not be effective during any period when the holder is not in compli ance 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.

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