BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 ) 

In the matter of the application of ) 

 ) 

LAN PERU S.A. ) Docket DOT-OST-2008-0271 

 ) 

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 

 Charles F. Donley II 

 SQUIRE, SANDERS & DEMPSEY L.L.P. 

 1201 Pennsylvania Avenue, N.W. 

 Washington, D.C. 20004 

 (202) 626-6651 (phone) 

 (202) 626-6780 (fax) 

msinick@ssd.com

cdonley@ssd.com

 Counsel to LAN Peru S.A. 

DATED: October 4, 2010 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

 ) 

In the matter of the application of ) 

 ) 

LAN PERU S.A. ) Docket DOT-OST-2008-0271 

 ) 

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 perform: 

(i) scheduled foreign air transportation of persons, property and mail from points 

behind Peru, via Peru and intermediate points, to a point or points in the United States 

and beyond; 

 (ii) scheduled foreign air transportation of property and mail between the United 

States and any point or points; and 

 (iii) charter foreign air transportation in accordance with 14 C.F.R. 212. 

LAN Peru requests renewal of this exemption for a two-year 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. 
Application for Renewal of Exemption 

Docket DOT-OST-2008-0271 

October 4, 2010 

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

 1. LAN Peru holds authority in the captioned docket to operate open skies 

scheduled service as well as charter flights in accordance with Part 212 of the 

Department’s regulations.1

 

 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. 

Pursuant to Annex I, Section 1(B) of that Agreement, Peruvian carriers may operate 

scheduled combination services from points behind Peru via Peru and intermediate points 

to a point or points in the United States and beyond. Peruvian carriers may additionally 

operate scheduled cargo services between the United States and any point. The United 

States has recognized consistently that the inclusion of route authority in a bilateral 

agreement to which the United States is a party satisfies all relevant public interest 

requirements for grant of the exemption authority.2

 

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

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

 

1 Notice of Action Taken, Docket DOT-OST-2008-0271, October 9, 2008 

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 for Renewal of Exemption 

Docket DOT-OST-2008-0271 

October 4, 2010 

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

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

as more fully described herein, or such other relief as the Department deems necessary 

and proper. 

 Respectfully submitted, 

 

 __________________________________ 

 Marshall S. Sinick 

 Charles F. Donley II 

 SQUIRE, SANDERS & DEMPSEY L.L.P. 

 1201 Pennsylvania Avenue, N.W. 

 Washington, D.C. 20004 

 (202) 626-6651 (phone) 

 (202) 626-6780 (fax) 

msinick@ssd.com

cdonley@ssd.com

 Counsel to LAN Peru S.A. 

DATED: October 4, 2010 
i 

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. 

 _________________________________ 

 Marshall S. Sinick 

DATED: October 4, 2010 

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

jeffrey.manley@united.com

mlbenge@zsrlaw.com

jrichardson@johnlrichardson.com

dvaughan@kelleydrye.com

rpommer@atlasair.com

anbird@fedex.com

pmurphy@lopmurphy.com

hkamen@coair.com; dan.weiss@coair.com

carl.nelson@aa.com

kevin.montgomery@polaraircargo.com