UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on June 20, 2011



### NOTICE OF ACTION TAKEN— Undocketed -Application under 14 CFR Part 215, and

DOCKET OST-2010-0232

This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Applicant: Caribbean Airlines Limited (CAL) , a foreign air carrier of Trinidad & Tobago

Date Filed: April 21, 2011

Relief requested: Caribbean Airlines Limited (CAL) requests to register, under the provisions of 14 CFR Part 215, the trade name “Air Jamaica.” CAL stated th at the trade name would be used by CAL for certain operations involving the United States after Air Jama ica Limited, currently a CAL affiliate, ceases U.S. operations on or about June 30, 20 11. CAL noted the steps it was undert aking to assure that passengers and shippers currently holding Air Jamaic a Limited tickets and waybills woul d receive notice of the change in carrier responsible for performing Air Jamaica Limite d’s operations.

Applicant representative: John R. Mietus, Jr., 202-747- 5212 DOT Analyst: George Wellington, 202-366-2391

DISPOSITION

Part 215 application : Pursuant to 14 CFR Part 215 of our rules, we have compared the new name with our list of names used by existing certificated, commuter, and foreign air carriers and with those applicants seeking new authority. We have completed our re view and determined that, in the circumstances presented, no similarly named carriers(s) need be served. This notice therefore acknow ledges CAL’s registration of the trade name “Air Jamaica”

under 14 CFR Part 215 and shall constitute the noti ce thereof under section 215.6 of our regulations.

Exemption authority held by CAL in Docket DOT-OST-2010-0232 : By Notice of Action Taken dated February 10, 2011, we granted CAL an exemption under 49 U.S.C. 40109 to the extent necessary to permit it to conduct the operations to and from the United States that we re being conducted by Air Jamaica Ltd. We found that this authority was warranted because, as noted in th e record, Air Jamaica intended to cease services, and the Government of Jamaica had, under a Transitional Services Agreement, transferred Air Jamaica’s routes to CAL in

order to facilitate a smooth transition of air services from Ai r Jamaica to CAL. We also found that CAL’s proposal

to serve the United States from Jamaica and from New York to Grenada (currently operated by Air Jamaica) would

facilitate a seamless transition from Air Jamaica to CAL of the former carrier’s services, and would minimize disruption to the travel plans of passengers and shippers.

While we are approving CAL’s request under Part 215 to re gister the name “Air Jamai ca,” we are concerned that the use of that name by CAL could cause significant pub lic confusion, as CAL’s holding out of services in that

name alone could lead consumers to believe that the ser vices were still being operated by the “Air Jamaica” that had conducted U.S. operations for many years, and wh ich would be ceasing operations the day before CAL’s initiation of services using the “Air Jamaica” name. In add ition, CAL would be holding out its services to and from its homeland as “Caribbean Airlines” and its services to and from Jamaica as “Air Jamaica,” and we believe that this concurrent use of two identities by a single foreign ai r carrier in proximate markets, with the identity varying based on the markets involved, would add to the likelihood of public confusion.Under these circumstances, we find that the public inter est requires that CAL give consumers notice that “Air

Jamaica”-branded services conducted afte r the Air Jamaica-CAL changeover are in fact being operated by CAL of Trinidad & Tobago and not by the old “Air Jamaica.” To that end, we hereby amend the exemption authority we granted on September 14, 2010, in this Docket, to require that CAL continue its current practice (that it uses in the operations it now performs for Air Jamaica by wet lease) of identifying flights offered th rough its website(s) and in global distribution systems as “Air Jamaica / Operated by Caribbean Airlines.” 1 We will also require that, in using the “Air Jamaica” name, CAL provide notice of its “Cari bbean Airlines” name, in the manner set forth in 14 CFR §257.5 of our regulations.

Action Date: June 20, 2011

Action taken by: Paul L. Gretch, Director

Office of International Aviation

_______________________________________________________________________________________________________________________________ Under authority assigned by the Department in its regula tions, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authorit y was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory acti on under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied a ll requests in the referenced Dockets. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR § 385.30, may file th eir petitions within seven (7) days after the date of issuance of this Notice. This action was effective when taken, and the filing of a petition for revi ew will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

1 In taking our February 10, 2011 action in the referenced Dock et, we specifically reserved the right to amend, modify, or revoke the authority granted at any tim e without hearing at our discretion.