UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 5, 2011

 NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2007-0034 _____________________________________________________________________________________________________________________

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).

Application of AMERICAN AIRLINES, INC. (American), filed 4/6/2011 for:

XX Renewal of exemption for two years under 49 U.S.C. 40109 to provide the following services to the extent 

allowed under the U.S.-Argentina Air Services Agreement:

1

Scheduled foreign air transportation of persons, property, and mail between any points in the United States and 

four (4) points in Argentina, and beyond to points in South America.

Scheduled foreign air transportation of persons, property, and mail between points in the United States and 

five (5) additional points in Argentina on a code-share-basis only.2

Scheduled foreign air transportation of persons, property, and mail between points in the United States and

five (5) additional points in Argentina on a code-share-basis only, in conjunction with a designated airline of 

Argentina.3

Application of LAN ARGENTINA S.A. (Lan Argentina), filed 5/26/2010 for:

XX Renewal of exemption for one year under 49 U.S.C. 40109 to provide the following services to the extent allowed

under the U.S.-Argentina Air Services Agreement:4

Scheduled foreign air transportation of persons, property, and mail between points in Argentina and

fourteen (14) points in the United States, and beyond to three (3) points in Canada, four (4) points in

Asia (except Japan, China, and the Philippines), eight (8) points in Europe, four (4) points in Mexico,

and points in the Caribbean, Central America, and South America.

Scheduled foreign air transportation of persons, property, and mail between points in Argentina and

five (5) additional points in the United States on a code-share basis only.

5

 1 Under Section 1(B) of Annex I to the Agreement, the United States may select four points in Argentina for direct-U.S.

carrier service, five points in Argentina for code-share-only service, and five points in Argentina for code-share-only

service with a designated airline of Argentina. The United States has selected, at this time, Buenos Aires and Cordoba

as two of the four points for U.S. direct carrier service; Bariloche, Iguazu, Mendoza, Rosario, and Ushuaia as points for

service on a code-share-only basis; and Comodor Rivadavia, El Calafate, and Rio Gallegos as three of five points for

service on a code-share-only basis with a designated carrier of Argentina. 2 American operates these services pursuant to a code-share arrangement with Lan Argentina. 3 Id.

4 Under Section 1(B) of Annex I to the Agreement, the Government of Argentina may select, among other things,

14 points in the U.S. for direct-Argentina carrier service, five points in the United States for code-share-only

service, and five points in the United States for code-share-only service with a designated airline of the United States. The 

Argentine Government has selected, at this time, Atlanta, Boston, Denver, Detroit, Houston, Las Vegas, Los Angeles, Miami, 

Minneapolis/St. Paul, New York/Newark, Orlando, and Philadelphia for Argentine carrier service; Phoenix and Salt Lake City as 

two of five points for service on a code-share-only basis; and San Diego, San Francisco, San Juan, Seattle, and Washington, D.C. 

as points for service on a code-share-only basis with a designated U.S. carrier. We note that Lan Argentina holds underlying

authority to serve Miami (see Notice of Action Taken dated June 16, 2010, in Docket DOT-OST-2005-22140). 5 Lan Argentina operates these services pursuant to a code-share arrangement with American.
Scheduled foreign air transportation of persons, property, and mail between points in Argentina and

five (5) additional points in the United States on a code-share basis only, in conjunction with a

designated airline of the United States.6

Applicant reps: Carl B. Nelson, Jr. (202) 496-5647 (American) 

Marshall S. Sinick (202) 626-6651 (Lan Argentina) 

DOT Analyst: Brett D. Kruger (202) 366-8025

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action granting exemption authority to American was effective when taken: May 5, 2011, through May 5, 

2013. 

The above action granting exemption authority to Lan Argentina was effective when taken: May 5, 2011, through 

May 5, 2012.

Action taken by: Paul L. Gretch, Director

 Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States Argentina.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations indicated:

XX American’s certificates of public convenience and necessity

XX Standard U.S. carrier exemption conditions (attached as Appendix A)

XX Standard Foreign Carrier Exemption Conditions (attached as Appendix B)

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicants

qualified to provide the exemption services authorized. Under authority assigned by the Department in its regulations, 

14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authority was 

consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under 

the Energy Policy and Conservation Act of 1975. To the extent not granted, 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 entitled 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 effective 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:

www.regulations.gov

 6 Id.
Appendix A

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled 

operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the 

Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) 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, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government 

requirements concerning security, the holder shall, before commencing any new service (including charter 

flights) to or from a foreign airport, contact its Principal Security Inspector (PSI) to advise the PSI of its 

plans and to find out whether the Transportation Security Administration has determined that security is 

adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as 

may be prescribed by the Department of Transportation, with all applicable orders and regulations of other 

U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the 

conditions imposed above.

 

1/2008
Appendix B

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 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 IIR of its 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 changes 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, the 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 terms, 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 not 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.

12/2007