BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

___________________________________

In the matter of the application of )

)

LAN ARGENTINA S.A. )

) DOCKET DOT-OST-2005-22140

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 Marshall S. Sinick

Legal Affairs Manager Edward W. Sauer

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

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

Salguero Washington, D.C. 20036

Complejo Costas Salguero Phone: (202) 626-6651

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

Facundo.rocha@lan.com

Counsel for LAN Argentina S.A.

NOTICE: In filing this Application for Renewal, LAN Argentina S.A. invokes the

automatic extension provision of the 5 USC §558(c), as implemented in

the Department’s Economic Regulations by 14 C.F.R. Part 377 Subpart B.

Any person may file an answer in support of, or in opposition to this

Application within fifteen days of the date of filing.

DATED: May 2, 2012
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

___________________________________

In the matter of the application of )

)

LAN ARGENTINA S.A. )

) DOCKET DOT-OST-2005-22140

For an exemption from )

49 U.S.C. § 41301 )

____________________________________)

APPLICATION FOR RENEWAL OF EXEMPTION

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

docket permitting it to engage in scheduled foreign air transportation of persons, property

and mail between any point or points in Argentina and Miami, Florida, via the

intermediate point Punta Cana, Dominican Republic. LAN Argentina’s existing

exemption will expire on June 10, 2012. LAN Argentina requests renewal of this

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

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

1. LAN Argentina’s authority to engage in the scheduled foreign air transportation

of persons, property and mail between any point or points in Argentina and

Miami, Florida was first granted in this docket by Notice of Action Taken dated

June 14, 2005. By Notice of Action Taken dated June 14, 2006, the Department

amended LAN Argentina’s exemption to allow it to serve the United States using

its own aircraft and crews, consistent with Argentina’s Category 1 IASA rating.
2

2. On November 3, 2006, by a further Notice of Action Taken in this docket, the

Department amended LAN Argentina’s exemption to perform scheduled foreign

air transportation of persons, property, and mail between any point or points in

Argentina and Miami, via Punta Cana. The Department subsequently renewed

LAN Argentina’s exemption on several occasions.

3. On June 10, 2011 the Department last renewed this exemption authority, which is

set to expire on June 10, 2012.

4. Under the authorities described in paragraphs 1, 2 and 3, LAN Argentina operates

multiple weekly flights between Buenos Aires and Miami, with a number of them

operated via Punta Cana.

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

Argentina bilateral agreement, as amended. LAN Argentina continues to be

authorized and designated by the Government of Argentina to perform scheduled

services on the routes for which renewal is requested.

6. Renewal of LAN Argentina’s exemption will enable it to continue developing the

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

providing LAN Argentina the full operational flexibility contemplated by the

United States-Argentina Air Transport Agreement.

7. This renewal application raises no environmental or energy issues. LAN

Argentina’s operations are performed entirely with modern aircraft that meet all

noise requirements applicable to operations at all respective airports. Since LAN

Argentina is seeking authorization for scheduled service in markets where it
3

already operates, the incremental environmental impact of grant of the renewal

request herein can be said to be de minimis.

WHEREFORE, LAN Argentina respectfully requests that the exemption

authorities requested herein be renewed for a period of at least one year, 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,

Marshall S. Sinick

Edward W. Sauer

Squire Sanders (US) LLP

1200 19th Street, N.W.

Washington, DC 20036

Phone: (202) 626-6651

Fax: (202) 626-6780

Counsel for LAN Argentina S.A.

DATED: May 2, 2012
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CERTIFICATE OF SERVCE

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

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

_________________________________

Marshall S. Sinick

DATED: May 2, 2012

sascha.vanderbellen@delta.com; jeff.morgan@delta.com

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

carl.nelson@aa.com

nssparks@fedex.com; cefelts@fedex.com; anbird@fedex.com

anita.mosner@hklaw.com; jennifer.nowak@hklaw.com

mlbenge@zsrlaw.com

rpommer@atlasair.com

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

info@airlineinfo.com