310592/2/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

LAN PERU S.A. ) Docket DOT-OST-2004-19965

)

for an exemption from 49 U.S.C. §41301 )

)

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this document should be addressed to:

Charles F. Donley II

Marshall S. Sinick

Squire Sanders (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

T: 202-626-6840

F: 202-626-6780

charles.donley@squiresanders.com

marshall.sinick@squiresanders.com

Counsel to LAN Peru S.A.

DATED: February 3, 2014
310592/2/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

LAN PERU S.A. ) Docket DOT-OST-2004-19965

)

for an exemption from 49 U.S.C. §41301 )

)

APPLICATION FOR RENEWAL OF EXEMPTION

LAN Peru S.A. (“LAN Peru”) hereby requests renewal of the exemption authority

granted to it by the Department of Transportation (“Department”) in the above-captioned

docket to engage in scheduled foreign air transportation of persons, property and mail

between:

(i) points in the United States;

(ii) points in the United States and points in Peru (either nonstop or via

intermediate points in third countries);

(iii) points in the United States and points in third countries; and

(iv) points in Peru and points in third countries

for the purpose of displaying LAN Peru’s designator code on flights operated by

American Airlines, Inc. (“American”), and holding out such service between Peru and the

United States, or between Peru and third countries. LAN Peru will not hold out or offer

service solely between U.S. points, or solely between the United States and third
Application for Renewal of Exemption

Docket DOT-OST-2004-19965

February 3, 2014

310592/2/WASHINGTON

countries, under this authority. LAN Peru requests renewal of this exemption for a twoyear period on its existing terms and conditions. LAN Peru relies upon the provisions of

the Administrative Procedure Act and Part 377 of the Department’s procedural

regulations to continue its existing authorization in force pending a final decision on this

renewal request. This authority was last renewed by the Department on March 1, 2012.1

In support of its renewal application, LAN Peru states as follows:

1. LAN Peru holds authority in the captioned docket to market codeshare

services operated by American between various points.

2. LAN Peru’s operations are authorized and regulated by the Government of

Peru. Peru is a contracting State to the Convention on International Civil Aviation

(“Chicago Convention”) and observes all applicable ICAO standards.

3. The aviation relationship between the United States and Peru is governed

by the Air Transport Agreement between the two countries signed on June 10, 1998. The

codeshare services offered by LAN Peru and American are fully consistent with Article 6

of the Agreement.

4. LAN Peru and American will notify the Department no less than thirty

days before beginning any new codeshare services beyond those already approved. LAN

Peru will continue to comply with the requirements of 14 C.F.R. 257 and all other

applicable regulations pertaining to codeshare service.

1 Notice of Action Taken, Docket DOT-OST-2004-19965, March 1, 2012
Application for Renewal of Exemption

Docket DOT-OST-2004-19965

February 3, 2014

310592/2/WASHINGTON

5. This application raises no environmental or energy issues. LAN Peru does

not operate flights under this authority. Approval of this application will not result in a

near-term increase in fuel consumption of ten million gallons or more.

WHEREFORE, LAN Peru S.A. respectfully requests renewal of its exemption to

engage in the codeshare services as more fully described herein, or such other relief as

the Department deems necessary and proper.

Respectfully submitted,

/s/ Charles F. Donley II

________________________________

Charles F. Donley II

Marshall S. Sinick

Squire Sanders (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

T: 202-626-6840

F: 202-626-6780

charles.donley@squiresanders.com

marshall.sinick@squiresanders.com

Counsel to LAN Peru S.A.

DATED: February 3, 2014
i

310592/2/WASHINGTON

CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing Application for Renewal of

Exemption of LAN Peru S.A. has this day been served on each of the following

individuals via e-mail.

/s/ Charles F. Donley II

_________________________________

Charles F. Donley II

DATED: February 3, 2014

sascha.vanderbellen@delta.com; sametta.c.barnett@delta.com

steve.morrissey@united.com; dan.weiss@united.com

robert.wirick@aa.com; francis.heil@aa.com

howard.kass@usairways.com; benjamin.slocum@usairways.com

dkirstein@yklaw.com

rsilverberg@sgbdc.com

jcanny@amerijet.com; jrichardson@johnlrichardson.com

rpommer@atlas.com

john@mietuslaw.com

kelli.bryan@evergreenairlines.com

matwood@cozen.com

kevin.montgomery@polaraircargo.com

agoerlich@ggh-airlaw.com

anita.mosner@hklaw.com

mlbenge@zsrlaw.com

cefelts@fedex.com

brian.hedberg@dot.gov; robert.finamore@dot.gov

info@airlineinfo.com