349290/1/WASHINGTON BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of AMERICAN AIRLINES, INC. and TAM-LINHAS AEREAS, S.A. under 14 CFR 212 for statements of authorization and related exemption authority (blanket codesharing) ) ) ) ) ) ) ) ) ) ) ) Docket DOT-OST-2012-0209

APPLICATION OF TAM-LINHAS AEREAS, S.A. 

### FOR RENEWAL OF EXEMPTION
Communications with respect to this document should be sent to: Marshall S. Sinick Charles F. Donley II Squire Sanders (US) LLP 1200 19th Street, N.W., Suite 300 Washington, D.C. 20036 T: 202-626-6651 F: 202-626-6780 marshall.sinick@squiresanders.com charles.donley@squiresanders.com Counsel for TAM-Linhas Aereas, S.A.

DATED: January 7, 2014349290/1/WASHINGTON BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of AMERICAN AIRLINES, INC. and TAM-LINHAS AEREAS, S.A. under 14 CFR 212 for statements of authorization and related exemption authority (blanket codesharing) ) ) ) ) ) ) ) ) ) ) ) Docket DOT-OST-2012-0209

APPLICATION OF TAM-LINHAS AEREAS, S.A. 

### FOR RENEWAL OF EXEMPTION TAM-Linhas Aereas, S.A. (“TAM”), pursuant to 49 U.S.C. 40109, hereby requests renewal of the exemption authority granted to it by the Department of Transportation (“Department”) in the above-captioned docket permitting TAM to transport persons, property and mail under its codeshare arrangement with American Airlines, Inc. (“American”), as more fully described herein. 1 TAM 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. 

### In further support of its renewal request, TAM states as follows:
1. TAM holds exemption authority permitting it to engage in reciprocal codeshare services with American in conjunction with scheduled foreign air transportation of persons, property and mail on flights operated by TAM between (1) points in Brazil; (2)

1 Notice of Action Taken, Docket DOT-OST-2012-0209, January 25, 2013349290/1/WASHINGTON

points in Brazil and points in the United States (either nonstop or via intermediate points in third countries); (3) points in Brazil and points in third countries; and (4) points in the United States and points in third countries. 2 Codeshare services are operated currently with American under the carriers’ existing codeshare agreement, which was submitted previously to the Department. 3
2. The services for which renewal is requested are fully consistent with the U.S.- Brazil Air Transport Agreement, as amended. The March 19, 2011, Memorandum of Consultations (“MOC”) states in Section 5 that codesharing of the type operated by TAM and American is to be permitted:

In operating or holding out the agreed services on the route schedule specified in this MOC, any designated airline of the country of either Aeronautical Authority is to be allowed to enter into cooperative marketing arrangements such as blocked-space, code sharing, or leasing arrangements, with:

a. an airline or airlines of either country; b. an airline or airlines of a third country;

c. a surface transportation provider of any country; provided that all airlines in such arrangements (i) hold the appropriate authority; and (ii) met the requirements normally applied to such arrangements. 

### The Department previously recognized that TAM-American codeshare service is consistent with the bilateral and the public interest. 4 

### Further, the United States has consistently recognized that the inclusion of a service in a bilateral agreement to which the United States is a party and the submission of an application by a qualified

2 Id.

3 TAM also holds a statement of authorization of indefinite duration authorizing codeshare services with American.

4 Notice of Action Taken, Docket DOT-OST-2012-0209, January 25, 2013349290/1/WASHINGTON



### foreign carrier for such service satisfy all relevant public interest requirements for grant of exemption authority. 5
3. TAM’s fitness remains beyond question. TAM is subject to the safety and operational rules of the Government of Brazil. Brazil is a contracting party to the Convention on International Civil Aviation and observes all applicable ICAO standards.
4. All codeshare services are, and will continue to be, operated in compliance with 14 C.F.R. 257 and other consumer protection regulations.
5. This renewal application raises no environmental or energy issues. Similarly, approval of the application will not result in a near term increase in fuel consumption of ten million gallons or more. WHEREFORE , TAM-Linhas Aereas, S.A. respectfully requests that the Department renew its exemption on its existing terms and conditions as more fully described herein, or grant such other relief as the Department deems necessary and proper. Respectfully submitted,

______________________________ Marshall S. Sinick Charles F. Donley II Squire Sanders (US) LLP 1200 19th Street, N.W., Suite 300 Washington, D.C. 20036 T: 202-626-6651 F: 202-626-6780 marshall.sinick@squiresanders.com charles.donley@squiresanders.com Counsel for TAM-Linhas Aereas, S.A.

DATED: January 7, 2014

5 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.’”).349290/1/WASHINGTON CERTIFICATE OF SERVICE I hereby certify that one copy of the foregoing renewal application has been served this day been served on each of the following individuals via e-mail. 

### sascha.vanderbellen@delta.com ; sametta.c.barnett@delta.com steve.morrissey@united.com ; dan.weiss@united.com robert.wirick@aa.com ; francis.heil@aa.com howard.kass@usairways.com ; benjamin.slocum@usairways.com dkirstein@yklaw.com rsilverberg@sgbdc.com jcanny@amerijet.com ; jrichardson@johnlrichardson.com rpommer@atlas.com john@mietuslaw.com kelli.bryan@evergreenairlines.com matwood@cozen.com kevin.montgomery@polaraircargo.com agoerlich@ggh-airlaw.com anita.mosner@hklaw.com mlbenge@zsrlaw.com cefelts@fedex.com brian.hedberg@dot.gov; robert.finamore@dot.gov info@airlineinfo.com

______________________________ Marshall S. Sinick
DATED: January 7, 2014