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)

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)

)

)

)

)

)

)

)

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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, 2014
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

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, 2013
349290/1/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.4Further, 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, 2013
349290/1/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.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.’”).
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