BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

TAM-LINHAS AEREAS S.A. (TAM) ) Docket DOT-OST-1997-2421

)

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 (US) LLP

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

Washington, D.C. 20036

202-626-6651

marshall.sinick@squiresanders.com

Counsel to TAM-Linhas Aereas S.A. (TAM)

DATED: April 25, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

In the matter of the application of )

)

TAM-LINHAS AEREAS S.A. (TAM) ) Docket DOT-OST-1997-2421

)

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

)

APPLICATION FOR RENEWAL OF EXEMPTION

Pursuant to 49 U.S.C. 41301, TAM-Linhas Aereas S.A. (TAM) hereby requests renewal

of the exemption authority granted to it in the captioned docket permitting TAM to engage in

scheduled foreign air transportation of persons, property and mail from any point or points

behind Brazil, via Brazil and intermediate points, to any point or points in the United States and

beyond. TAM’s existing exemption will expire April 27, 2013.1TAM requests renewal of its

exemption for a one-year period on its existing terms and conditions. TAM 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.

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

exemption to TAM continue in existence. The basis for grant of this exemption was reaffirmed

in the March 19, 2011, Memorandum of Consultations agreed to by the United States and Brazil.

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

1 Notice of Action Taken, Docket DOT-OST-1997-2421, April 27, 2012
Application of TAM-Linhas Aereas S.A. (TAM)

Docket DOT-OST-1997-2421

April 25, 2013

2

1. TAM holds exemption authority to engage in scheduled foreign air transportation

of persons, property and mail from any point or points behind Brazil, via Brazil and intermediate

points, to any point or points in the United States and beyond. Under this authority, TAM

operates scheduled service to several U.S. points.

2. TAM’s operations are authorized and regulated by the Government of Brazil.

Brazil is a contracting State to the Convention on International Civil Aviation (“Chicago

Convention”) and observes all applicable ICAO standards. The equipment utilized to operate

TAM’s service is and will continue to be maintained by TAM. All maintenance on TAM’s

aircraft is performed in accordance with programs that comply with the provisions of ICAO

Pilots and Airmen Annexes 1, 6 (Part 1) and 7.

3. Service between the United States and Brazil is governed by the Air Transport

Agreement between the two countries signed on March 21, 1989, as amended (“Agreement”) by

the March 2011 Memorandum of Consultations (“MOC”). In accordance with Section 1 of the

MOC, designated Brazilian carriers may engage in scheduled foreign air transportation from any

point or points behind Brazil via Brazil and intermediate points to any point or points in the

United States and beyond. The scheduled services operated by TAM for which renewal is

requested are fully consistent with the MOC and the Agreement.

4. This renewal application raises no environmental issues. All of TAM’s

operations under this exemption are conducted in accordance with applicable noise abatement

requirements. Similarly, renewal of this application will not result in a near-term increase in fuel

consumption of ten million gallons or more.
Application of TAM-Linhas Aereas S.A. (TAM)

Docket DOT-OST-1997-2421

April 25, 2013

3

WHEREFORE, TAM-Linhas Aereas S.A. (TAM) respectfully requests that the

exemption granted to it in the above-captioned docket be renewed for an additional one-year

period on its existing terms and conditions.

Respectfully submitted,

__________________________________

Marshall S. Sinick

Squire Sanders (US) LLP

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

Washington, D.C. 20036

202-626-6651

marshall.sinick@squiresanders.com

Counsel to TAM-Linhas Aereas S.A. (TAM)

DATED: April 25, 2013
i

CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing renewal application of TAM-Linhas

Aereas S.A. (TAM) has this day been served on each of the following individuals via email.

_________________________________

Marshall S. Sinick

DATED: April 25, 2013

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

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

howard_kass@usairways.com; benjamin.slocum@usairways.com

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