BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

CARIBBEAN AIRLINES LIMITED ) DOCKET OST-2006-26586 

 ) 

 for renewal of exemption authority ) 

(Trinidad and Tobago-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

May 9, 2012
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

CARIBBEAN AIRLINES LIMITED ) DOCKET OST-2006-26586 

 ) May 8, 2012 

 for renewal of exemption authority ) 

(Trinidad and Tobago-U.S.) ) 

__________________________________________) 

REPLY OF CARIBBEAN AIRLINES LIMITED

 By application dated April 16, 2012, Caribbean Airlines Limited 

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

Notice of Action Taken dated April 21, 2011 (the "Notice"), and invoked the 

automatic extension provisions of 5 U.S.C. § 558(c) and Part 377 of the 

Department's Special Regulations. No U.S. carrier opposes or has commented 

on the renewal application. But as he recently did in Docket OST-2010-0232 

(the "Jamaica Docket"), John P.T. Gilmore has written from Canada that he 

opposes renewal of CAL operating authority to serve the United States. For 

the reasons set forth below, CAL respectfully requests that the Department 

proceed to renew this exemption for bilaterally-authorized Trinidad and 

Tobago-U.S. service. 

 The Department has already rejected the argument that Gilmore now 

repeats in this docket. Footnote 1 of the February 10, 2011 Notice of Action 
 

- 2 - Caribbean Airlines 

 Reply 

Taken in the Jamaica Docket recognized that Gilmore, among other things, 

asserted "that CAL has failed to provide adequate evidence to support its 

request. . . ." The Department then explained "that the assertions made by 

Mr. Gilmore. . . do not persuade us." It went on to grant CAL Jamaica/ 

Grenada-U.S. authority, which the Department explained was warranted by 

the "public interest in the circumstances presented and on the specific record 

of this case." 

 Gilmore, apparently writing from neither the U.S. nor the Caribbean, 

has yet to provide an explanation for his interest in CAL's U.S. operations or 

his purpose in continuing to oppose them in this forum. Nor has any other 

person commented either on CAL's applications or Gilmore's assertions in 

this docket. Having been so often repeated, these assertions do no more than 

hamper the licensing process. 

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

interruption,1 CAL's authority to provide service to and from the United 

States. The 2010 Trinidad and Tobago-U.S. bilateral air services agreement, 

like its predecessor, clearly provides for such authority. CAL has held such 

authority for many years and has operated to the U.S. a variety of services 

 

1/ As in the Jamaica Docket, Gilmore asserts that CAL's invocation of Part 377 should 

be rejected for an alleged failure to provide timely and adequate supporting evidence. 

CAL again 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 Jamaica 

Docket. In any case, Gilmore agrees that termination of the authority on Part 377 

grounds would not be appropriate, as he asserts that CAL's authority should be 

extended "to provide the applicant with the opportunity to cure the [alleged] 

deficiencies by amendment. . . ."