BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

____________________________________

Application of )

)

LAN ARGENTINA S.A. )

) DOCKET DOT-OST-2007-0034

for exemption authority pursuant to )

49 U.S.C. §40109 )

____________________________________)

APPLICATION FOR RENEWAL OF EXEMPTION

Communications with respect to this document should be sent to:

Facundo Rocha Marshall S. Sinick

Legal Affairs Manager Edward W. Sauer

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

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

Salguero Washington, DC 20036

Complejo Costas Salguero Phone: (202) 626-6651

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

Facundo.rocha@lan.com

Counsel for LAN Argentina S.A.

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

extension provision of the 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.

DATED: May 2, 2012
2

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

____________________________________

Application of )

)

LAN Argentina S.A. )

) DOCKET DOT-OST-2007-0034

for exemption authority pursuant to )

49 U.S.C. §40109 )

____________________________________)

APPLICATION FOR RENEWAL OF EXEMPTION

Pursuant to 49 U.S.C. §40109 and 14 C.F.R. Part 302, LAN Argentina S.A. (“LAN

Argentina”) hereby applies for renewal of its exemption to engage in:

(1) scheduled foreign air transportation of persons, property and mail between points in

Argentina and fourteen (14) points in the United States, and beyond to three (3)

points in Canada , four (4) points in Asia (except Japan, China and the Philippines),

eight (8) points in Europe, four (4) points in Mexico, and points in the Caribbean,

Central America, and South America;

(2) scheduled foreign air transportation of persons, property, and mail between points in

Argentina and five (5) additional points in the United States on a code-share basis

only;

(3) scheduled foreign air transportation of persons, property, and mail between points in

Argentina and five (5) additional points in the United States on a code-share basis

only, in conjunction with a designated airline for the United States.1

1 These services are operated on a codeshare basis with American Airlines, Inc.
3

LAN Argentina requests renewal of its exemption for a one-year period on its existing terms and

conditions. In support of this renewal application, LAN Argentina states as follows:

1. On May 5, 2011, the Department of Transportation (the “Department”) issued a Notice of

Action in Docket DOT-OST-2007-0034 renewing LAN Argentina’s exemption authority to

operate and market the services which are the subject of this application. This exemption

authority is currently set to expire on May 5, 2012.

2. The authority covered by this renewal application is consistent with the U.S.-Argentina Air

Services Agreement and Article 5 of the U.S.-Argentina Protocol. The requested renewal is

also consistent with the public interest. See Statement of United States International Air

Transportation Policy, 60 Fed.Reg. 21841, 21842, May 3, 1995, recognizing the public

benefits offered by code-share arrangements between the U.S. and foreign carriers.

3. American and LAN Argentina continue to hold the necessary underlying authority to operate

the code-share services at issue, and the code-share agreement providing for the code-share

operations remains in effect.

4. The renewal authority requested herein will enable LAN Argentina to continue developing

the range of services that it offers between the United States and Argentina and will provide

LAN Argentina the full flexibility of operation that is contemplated by the Agreement for

carriers of both countries.

5. American and LAN Argentina will notify the Department no later than thirty (30) days

before commencing any additional code-share services beyond those authorized by the

Department.

6. This renewal application does not raise any environmental or energy concerns. All flights

will continue to be performed with aircraft that meet all applicable noise requirements.
4

Similarly, approval of this application will not result in a near-term increase in fuel

consumption of ten million gallons or more.

WHEREFORE, LAN Argentina requests that the Department renew the exemption

authority described above for a one-year period on its existing terms and conditions, or grant

such other relief as the Department deems necessary and proper.

Respectfully submitted,

Marshall S. Sinick

Edward W. Sauer

Squire Sanders (US) LLP

1200 19th Street, N.W.

Washington, DC 20036

Phone: (202) 626-6651

Fax: (202) 626-6780

Counsel for LAN Argentina S.A.

DATED: May 2, 2012
5

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application for Renewal of Exemption has

this day been served on all persons identified on the attached service list via electronic mail,

facsimile and/or first class mail.

Marshall S. Sinick

DATED: May 2, 2012

sascha.vanderbellen@delta.com; jeff.morgan@delta.com

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

carl.nelson@aa.com

nssparks@fedex.com; cefelts@fedex.com; anbird@fedex.com

anita.mosner@hklaw.com; jennifer.nowak@hklaw.com

mlbenge@zsrlaw.com

rpommer@atlasair.com

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info@airlineinfo.com