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 Charles F. Donley 

LAN Argentina S.A. Squire, Sanders & Dempsey LLP 

 Av. Rafael Obligado s/n y Jeronimo 1201 Pennsylvania Avenue, N.W. 

 Salguero Washington, D.C. 20004 

 Complejo Costas Salguero (202) 626-6651 

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

Facundo.rocha@lan.com msinick@ssd.com

 Counsel for LAN Argentina S.A. 

DATED: May 26, 2010 

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

automatic extension provision of 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. 
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 the exemption in the captioned 

docket permitting it to engage in the 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 July 10, 2010. 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 of 
2 

Transportation (“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. 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 Argentina and Miami 

via Punta Cana. The Department subsequently renewed LAN Argentina’s 

exemption on several occasions.1

3. Under the authorities described above, LAN Argentina operates multiple weekly 

flights between Buenos Aires and Miami, with a number of them operated via 

Punta Cana. 

4. 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 route for which renewal is requested. 

5. Renewal of LAN Argentina’s exemption will permit 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. 

6. 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 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, 

 

Marshall S. Sinick 

SQUIRE, SANDERS & DEMPSEY L.L.P. 

1201 Pennsylvania Avenue, N.W. 

Washington, D.C. 20004 

(202) 626-6651 Phone 

(202) 626-6780 Facsimile 

msinick@ssd.com

Counsel to LAN Argentina S.A. 

Dated: May 26, 2010 

 1 Notices of Action Taken dated June 11, 2007, July 11, 2008 and July 10, 2009 
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 first class 

mail, postage prepaid, or e-mail. 

 

 _________________________________ 

 Marshall S. Sinick 

DATED: May 26, 2010 

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

jeffrey.manley@united.com

mlbenge@zsrlaw.com

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

anbird@fedex.com

dvaughan@kelleydrye.com; dfisher@kelleydrye.com

kevin.montgomery@polaraircargo.com

sam.white@evergreenaviation.com

matwood@sherblackwell.com

jamestello@earthlink.net

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

jrichardson@johnlrichardson.com

agoerlich@ggh-airlaw.com

carl.nelson@aa.com