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 Charles F. Donley II

Legal Affairs Manager Marshall S. Sinick

LAN Argentina S.A. Squire Sanders (US) LLP

Av. Rafael Obligado s/n y Jeronimo 1200 19th Street, N.W., Suite 300

Salguero Washington, D.C. 20036

Complejo Costas Salguero (202) 626-6600

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

facundo.rocha@lan.com charles.donley@squiresanders.com

marshall.sinick@squiresanders.com

Counsel for LAN Argentina S.A.

DATED: April 25, 2013
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 May 22, 2013. LAN Argentina requests renewal of this

exemption for a one-year period on its existing terms and conditions. LAN Argentina

invokes the automatic extension provision of 5 USC 558(c), as implemented in the

Department’s Economic Regulations by 14 C.F.R. 377 to maintain this authorization in

effect pending a decision on its renewal application.

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
2

June 14, 2005. By Notice of Action Taken dated June 14, 2006, the Department of

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. LAN Argentina’s current exemption expires

May 22, 2013.

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. 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

already operates, the incremental environmental impact of grant of the renewal

request herein can be said to be de minimis.
3

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,

/s/ Charles F. Donley II

Charles F. Donley II

Marshall S. Sinick

Squire Sanders (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(202) 626-6600 Phone

(202) 626-6780 Facsimile

charles.donley@squiresanders.com

marshall.sinick@squiresanders.com

Counsel to LAN Argentina S.A.

Dated: April 25, 2013
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 e-mail.

/s/ Charles F. Donley II

_________________________________

Charles F. Donley II

DATED: April 25, 2013

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

mlbenge@zsrlaw.com

anbird@fedex.com

anita.mosner@hklaw.com

kevin.montgomery@polaraircargo.com

matwood@cozen.com

jamestello@earthlink.net

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

jrichardson@johnlrichardson.com; jcanny@amerijet.com

agoerlich@ggh-airlaw.com

mlbenge@zsrlaw.com

francis.heil@aa.com; robert.wirick@aa.com

rpommer@atlasair.com

kelli.bryan@evergreenairlines.com; charters@evergreenairlines.com