BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

____________________________________

In the matter of the application of )

)

LAN ARGENTINA S.A. )

) DOCKET DOT-OST-2007-0034

for an exemption from )

49 U.S.C. § 41301 )

____________________________________)

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this document should be sent to:

Facundo Rocha Charles F. Donley II

Legal Affairs Manager Marshall S. Sinick

LAN Argentina S.A. Squire Sanders (US) LLP

Av. Rafael Obligado s/n y Jeronimo 1200 19th Street, N.W., Suite 300

Salguero Washington, D.C. 20036

Complejo Costas Salguero (202) 626-6600

(C1425DAA) Buenos Aires, Argentina (202) 626-6780

facundo.rocha@lan.com charles.donley@squiresanders.com

marshall.sinick@squiresanders.com

Counsel for LAN Argentina S.A.

DATED: April 25, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

____________________________________

In the matter of the application of )

)

LAN ARGENTINA S.A. )

) DOCKET DOT-OST-2007-0034

For an exemption from )

49 U.S.C. § 41301 )

____________________________________)

APPLICATION FOR RENEWAL OF EXEMPTION

LAN Argentina S.A. hereby requests renewal of the exemption in the captioned

docket permitting it to engage in

A. 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;

B. Scheduled foreign air transportation of persons, property and mail between

points in Argentina and five (5) additional points in the United States on a codeshare

basis only; and
2

C. Scheduled foreign air transportation of persons, property and mail between

points in Argentina and five (5) additional points in the United States on a codeshare

basis only, in conjunction with a designated airline of the United States.1

LAN Argentina requests renewal of this exemption for a one-year period on its

existing terms and conditions. LAN Argentina invokes the automatic extension provision

of 5 USC 558(c), as implemented in the Department’s Economic Regulations by 14

C.F.R. 377 to maintain this authorization in effect pending a decision on its renewal

application.

In support of this renewal request, LAN Argentina states the following:

1. On May 23, 2012, the Department of Transportation (“Department”) renewed

LAN Argentina’s exemption authority to operate and market the services which

are the subject of this application. This exemption will expire May 23, 2013.

2. Renewal of this exemption will permit LAN Argentina to continue developing the

range of services it offers between the United States and Argentina, and will

provide LAN Argentina the full flexibility of operation contemplated by the

bilateral. LAN Argentina remains designated and authorized by the Government

of Argentina to operate these services.

3. LAN Argentina and American will continue to notify the Department at least

thirty (30) days before commencing any additional codeshare services beyond

those authorized by the Department.

4. Renewal of this exemption would be consistent with the terms of the U.S.-

Argentina bilateral agreement, as amended. Renewal would also be consistent

with the public interest. See, Statement of United States International Air

1 These services are operated on a codeshare basis with American Airlines, Inc. (“American”)
3

Transportation Policy, 60 Fed.Reg. 21841, 21842, May 3, 1995, recognizing the

public benefits offered by codeshare arrangements involving U.S. and foreign air

carriers.

5. This renewal application raises no environmental or energy issues. All operations

are performed entirely with modern aircraft that meet all noise requirements

applicable to operations at all respective airports. Similarly, approval of this

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

ten million gallons or more.

WHEREFORE, LAN Argentina respectfully requests that its existing exemption

be renewed for a period of one year on its existing terms and conditions, as more fully set

forth above, or that the Department grant such further, different and additional relief as

the Department may deem appropriate.

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

(202) 626-6600 Phone

(202) 626-6780 Facsimile

charles.donley@squiresanders.com

marshall.sinick@squiresanders.com

Counsel to LAN Argentina S.A.

Dated: April 25, 2013
4

CERTIFICATE OF SERVCE

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

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

/s/ Charles F. Donley II

_________________________________

Charles F. Donley II

DATED: April 25, 2013

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

mlbenge@zsrlaw.com

anbird@fedex.com

anita.mosner@hklaw.com

kevin.montgomery@polaraircargo.com

matwood@cozen.com

jamestello@earthlink.net

pmurphy@lopmurphy.com; pmurphy@ggh-airlaw.com

jrichardson@johnlrichardson.com; jcanny@amerijet.com

agoerlich@ggh-airlaw.com

mlbenge@zsrlaw.com

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

rpommer@atlasair.com

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