BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

CARIBBEAN AIRLINES LIMITED ) DOCKET OST-2010-0232 

 ) 

for renewal of an exemption ) 

(Jamaica/Caribbean Points-U.S.) ) 

__________________________________________) 

REPLY OF CARIBBEAN AIRLINES LIMITED

Communications with respect to this document should be sent to: 

John R. Mietus, Jr. 

Law Office of John Mietus, LLC 

6701 Democracy Blvd., Suite 300 

Bethesda, MD 20817-7500 

(202) 747-5212 

(240) 396-5362 fax 

john@mietuslaw.com 

Counsel for CARIBBEAN AIRLINES 

LIMITED

 

March 5, 2012
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

CARIBBEAN AIRLINES LIMITED ) DOCKET OST-2010-0232 

 ) March 5, 2012 

for renewal of an exemption ) 

(Jamaica/Caribbean Points-U.S.) ) 

__________________________________________) 

REPLY OF CARIBBEAN AIRLINES LIMITED

 By application dated February 9, 2012, Caribbean Airlines Limited 

("CAL") requested renewal of the above-captioned exemption, granted by 

Notice of Action Taken dated February 10, 2011 and amended June 20, 2011 

(together, the "Notice"), and invoked the automatic extension provisions of 5 

U.S.C. § 558(c) and Part 377 of the Department's Special Regulations. As 

with the original exemption, no U.S. carrier opposes or commented on the 

renewal application. Yet John P.T. Gilmore, writing from Canada, again 

opposes the authority on the same grounds that the Department rejected last 

year in issuing the Notice. CAL respectfully requests that the Department 

once again reject Gilmore's arguments and proceed to renew this exemption, 
 

 - 2 - Caribbean Airlines 

 Reply 

which permits CAL to operate important, Air Jamaica-branded service to and 

from the U.S. 

 The Department has already rejected Gilmore's repetitive arguments 

against this authority. Footnote 1 of last year's Notice summarizes them: 

"Gilmore asserts that CAL[:] has failed to provide adequate evidence to 

support its request; does not hold the requisite designations. . .; [and] does 

not meet the ownership and control standards. . . ." The Department went on 

to explain "that the assertions made by Mr. Gilmore. . . do not persuade us," 

and it granted CAL the authority at issue here, explaining that the authority 

was warranted by the "public interest in the circumstances presented and on 

the specific record of this case." 

 It remains in the public interest for the Department to renew, without 

interruption,1 CAL's authority to provide Air Jamaica-branded service to and 

from the United States. As contemplated by the Notice, this authority was 

crucial to "facilitate a smooth transition of air services from Air Jamaica to 

CAL," and passengers and shippers in these important U.S.-Caribbean 

markets rely upon CAL's service. Further, the open skies agreements the 

 

1/ On February 14 Gilmore filed a "preliminary response" asserting that CAL's 

invocation of Part 377 should be rejected for its alleged failure to provide timely and 

adequate supporting evidence. Without prejudice to CAL's view that this document 

was not authorized by Part 302, CAL submits that Gilmore's assertion is inconsistent 

with longstanding Department practice regarding Part 377. Moreover, the 

Department previously rejected his predicate argument (i.e., a lack of supporting 

evidence) in the Notice. In any case, Gilmore agrees that termination of the authority 

on Part 377 grounds would not be appropriate, as the preliminary response asserts 

that CAL's authority should "be extended to permit the applicant to resubmit a 

compliant application."