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, 2010BEFORE 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 re quests renewal of the exemption authority granted to it by the Department of Transpor tation (“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 transportati on of property and mail between the United States and any point or points; and (iii) charter foreign air transpor tation 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 pr ovisions of the Admini strative Procedure Act and Part 377 of the Department’s proced ural regulations to continue its existing authorization in force pending a fina l decision on this renewal request.Application for Renewal of Exemption Docket DOT-OST-2008-0271 October 4, 2010

In support of its renewal applicati on, LAN Peru states as follows: 1. LAN Peru holds authority in the captioned docket to operate open skies scheduled service as well as charter flig hts 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 th e Convention on International Civil Aviation (“Chicago Convention”) and observes a ll 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 a nd beyond. Peruvian carriers may additionally operate scheduled cargo services between th e United States and any point. The United States has recognized consisten tly that the inclusion of ro ute authority in a bilateral agreement to which the United States is a pa rty satisfies all rele vant public interest requirements for grant of the exemption authority. 2 4. This application raises no environmen tal or energy issues. All flights are and will continue to be opera ted 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.R EP . 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-e fficient 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 reque sts renewal of its exemption to engage in scheduled and charter foreign air transportation of pers ons, property and mail as more fully described herein, or such ot her 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, 2010i CERTIFICATE OF SERVICE I hereby certify that on e copy of the foregoing A pplication 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