BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 ) 

In the matter of the application of ) 

 ) 

Línea Aerea Carguera de Colombia S.A. ) Docket DOT-OST-2009-0038 

 ) 

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

) 

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this document should be addressed to: 

 Marshall S. Sinick 

 Squire, Sanders & Dempsey (US) LLP 

 1201 Pennsylvania Avenue, N.W. 

 Washington, D.C. 20004 

 Phone: 202-626-6651 

 marshall.sinick@ssd.com 

 

 Counsel to Linea Aerea Carguera de Colombia S.A. 

DATED: March 11, 2011 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 ) 

In the matter of the application of ) 

 ) 

Línea Aerea Carguera de Colombia S.A. ) Docket DOT-OST-2009-0038 

 ) 

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

) 

APPLICATION FOR RENEWAL OF EXEMPTION

Linea Aerea Carguera de Colombia S.A. (“LANCO”) hereby requests renewal of 

the exemption authority previously granted to it by the Department of Transportation (the 

“Department”) in the above captioned docket to engage in: 

(a) scheduled foreign air transportation of property and mail between any point or 

points in Colombia, on the one hand, and Miami, Florida, Los Angeles, 

California, and Houston, Texas, on the other hand, via intermediate points; 

and 

(b) charter flights pursuant to 14. C.F.R. 212. 

LANCO requests that its renewed exemption authority be effective for a two-year period 

on its existing terms and conditions. LANCO relies on the provisions of the 

Administrative Procedure Act and Part 377 of the Department’s regulations to continue 

its existing authorization in force pending a final decision on LANCO’s renewal request. 
Application of Linea Aerea Carguera de Colombia S.A. 

 for Renewal of Exemption 

Docket DOT-OST-2009-0038 

March 11, 2011 

As indicated below, all the factors that originally led the Department to grant and 

renew LANCO’s exemption continue in existence at the present time. The United 

States–Colombia Air Transport Agreement signed on October 24, 1956, as amended, and 

the November 2010 open skies agreement continue to provide the basis for LANCO’s 

exemption authority to serve Miami, Los Angeles and Houston. 

In further support of its request for renewal, LANCO states as follows: 

1. LANCO is a citizen of the Republic of Colombia. The Department has 

determined previously that LANCO is operationally and financially qualified to conduct 

scheduled services to the United States.1

2. LANCO requests renewal of its existing exemption authorizing for a twoyear period to conduct (a) scheduled services between a point of points in Colombia and 

Miami/Los Angeles/Houston, via intermediate points and (b) charter flights pursuant to 

14 C.F.R. 212. 

3. LANCO’s operations are authorized and regulated by the Government of 

Colombia. Colombia is a contracting State to the Convention on International Civil 

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

LANCO’s aircraft comply with all Federal Aviation Administration standards prescribed 

under 14 C.F.R. 129. All maintenance on LANCO’s aircraft is and will continue to be 

 

1 See, Notice of Action Taken, March 31, 2010, Docket DOT-OST-2009-0038 
Application of Linea Aerea Carguera de Colombia S.A. 

 for Renewal of Exemption 

Docket DOT-OST-2009-0038 

March 11, 2011 

performed in compliance with the provisions of ICAO Pilots and Airmen Annexes 1, 6 

(Part 1) and 7. 

4. The services for which renewal is requested are consistent with the terms 

of the U.S.-Colombia Air Transport Agreement between the two countries signed on 

October 24, 1956, as amended (“Agreement”) and the open skies agreement initialed in 

November 2010. LANCO remains authorized and designated by the Government of 

Colombia to provide the services described herein. The United States Government has 

recognized consistently that the inclusion of a particular service in an aviation agreement 

to which the United States is a party and designation of a qualified foreign air carrier for 

service under that agreement is, by itself, a prima facie, indication of the public interest in 

the operations on that route.2 

5. This application raises no environmental or energy issues. All flights are 

and will continue to be operated by LANCO in accordance with all applicable noise 

abatement requirements utilizing modern, fuel-efficient Stage 3 aircraft. Approval of this 

application will not result in a near-term increase in fuel consumption of ten million 

gallons or more. 

WHEREFORE, Linea Aerea Carguera de Colombia S.A. respectfully requests 

that the exemption granted to it in the above-captioned docket be renewed for an 

 

2 See, S.REP. No. 96-329, at 4 (1979), reprinted in 1980 U.S.C.C.A.N. 54, 57 (“The negotiation of a 

bilateral agreement itself represents a determination by the Government of the United States that the grant 

of route authority provided for under the bilateral is in the ‘public interest.’”). 
Application of Linea Aerea Carguera de Colombia S.A. 

 for Renewal of Exemption 

Docket DOT-OST-2009-0038 

March 11, 2011 

additional two-year period on its existing terms and conditions, as more fully described 

herein. 

 Respectfully submitted, 

 _________________________________ 

 Marshall S. Sinick 

 Squire, Sanders & Dempsey (US) LLP 

 1201 Pennsylvania Avenue, N.W. 

 Washington, D.C. 20004 

 Phone: 202-626-6651 

 marshall.sinick@ssd.com 

 

 Counsel to Linea Aerea Carguera de Colombia S.A. 

DATED: March 11, 2011
i 

CERTIFICATE OF SERVICE

 I hereby certify that one copy of the foregoing Application of LANCO has this 

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

 _________________________________ 

 Marshall S. Sinick 

DATED: March 11, 2011 

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

jeffrey.manley@united.com; hershel.kamen@united.com; dan.weiss@coair.com

anbird@fedex.com

dfisher@kelleydrye.com

kevin.montgomery@polaircargo.com

kelli.bryan@evergreenairlines.com; charters@evergreenairlines.com

matwood@cozen.com

agoerlich@ggh-airlaw.com

jrichardson@johnlrichardson.com

jamestello@earthlink.net

bill@mietuslaw.com; john@mietuslaw.com

mlbenge@zsrlaw.com

dkirstein@yklaw.com

carl.nelson@aa.com

pmurphy@lopmurphy.com