BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC.

AEROLINEAS ARGENTINAS S.A.

and

AUSTRAL LINEAS AEREAS

for statements of authorization pursuant to

14 C.F.R. Part 212 and related exemptions

pursuant to 49 U.S.C. § 40109 (reciprocal

codesharing)

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Docket DOT-OST-2011-0153

APPLICATION

FOR RENEWAL OF EXEMPTION

Communications with respect to this document should be sent to:

Marcelo William Bottini

Regional Director

Aerolineas Argentinas S.A.

1000 NW 57th Court, Suite 120

Miami, Florida 33126

Fax: 305-266-1204

DATED: January 22, 2015
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Joint Application of

DELTA AIR LINES, INC.

AEROLINEAS ARGENTINAS S.A.

and

AUSTRAL LINEAS AEREAS

for statements of authorization pursuant to

14 C.F.R. Part 212 and related exemptions

pursuant to 49 U.S.C. § 40109 (reciprocal

codesharing)

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)

)

)

)

)

)

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Docket DOT-OST-2011-0153

APPLICATION

FOR RENEWAL OF EXEMPTION

Aerolineas Argentinas S.A. (“Aerolineas”), 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 Aerolineas to

transport persons, property and mail under its codeshare arrangement with Delta Air Lines,

Inc. (“Delta”) as more fully described herein.1 Aerolineas requests renewal of its exemption

for a one-year period on its existing terms and conditions. Aerolineas 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, Aerolineas states as follows:

1. Aerolineas holds exemption authority permitting it to engage in scheduled

foreign air transportation of persons, property and mail between (i) points in Argentina and

1 Notice of Action Taken, Docket DOT-OST-2011-0153, January 30, 2014
fourteen points in the United States, and beyond to three points in Canada, four points in

Asia (except Japan, China and the Philippines), eight points in Europe, four points in Mexico

and points in the Caribbean, Central America and South America (on a direct or codeshare

basis); (ii) points in Argentina and five additional points in the United States on a codeshare

basis only; and (iii) points in Argentina and five additional points in the United States on a

codeshare basis only, in conjunction with a designated U.S. carrier. Codeshare services are

operated in conjunction with Delta under the carriers’ existing codeshare agreement.

2. The services for which renewal is requested are fully consistent with the U.S.-

Argentina Air Services Agreement (“ASA”), as amended. Article VI, Paragraph 7 of the ASA

states:

In operating or holding out the authorized services on the agreed

routes, any designated airline of one Party may enter into cooperative

marketing arrangements such as blocked space, code sharing or

leasing arrangements, with an airline or airlines of either party and/or

an airline or airlines of a third country; provided that all airlines in such

arrangements (a) hold the appropriate authority and (b) meet the

requirements normally applied to such arrangements.

Under Section 1(B) of Annex I to the ASA, Aerolineas is entitled to serve a total of 24

U.S. points (14 points plus 10 codeshare-only points) and named third-country

points. The routes for which renewal is requested fall within these limits, which the

Department has recognized previously in granting Aerolineas an exemption. 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 foreign carrier for such service satisfy all relevant public interest

requirements for grant of exemption authority.2

3. Aerolineas’ fitness remains beyond question. Aerolineas is subject to the

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.’”).
safety and operational rules of the Government of Argentina. Argentina 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.

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, Aerolineas Argentinas 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,

/s/ Marcelo William Bottini

______________________________

Marcelo William Bottini

Regional Director

Aerolineas Argentinas S.A.

1000 NW 57th Court, Suite 120

Miami, Florida 33126

Fax: 305-266-1204

DATED: January 22, 2015
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

steve.morrissey@united.com; dan.weiss@united.com;

robert.wirick@aa.com; howard.kass@aa.com

info@airlineinfo.com

/s/ Marcelo William Bottini

______________________________

Marcelo William Bottini

DATED: January 22, 2015