UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on April 21

, 2011



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OS T

- 2006

- 26586

_____________________________________________________________________________________________________________________________ ___ 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) Date Filed: February 15, 2011

Relief requested: Renew exemption from 49 U.S.C. § 41301 to engage in (a) scheduled foreign air transpor tation of persons, property and mail (1) between Trinidad and Tobago via the intermediate points of Antigua, Aruba, the Bahamas, Barbados, Belize, Bermuda, Bonaire and Curacao, the Cayman Islands, Dominican Republic, Grenada, Guadeloupe,

Haiti, Jamaica, Ma rtinique, St. Kitts, and St. Lucia, to the U.S. Virgin Islands, San Juan, New York, Miami, Orlando, Boston, and Washington, D.C. and beyond San Juan to Zurich and Stockholm, beyond New York to Toronto, and beyond Miami and San Juan to Mexico and points in Central America except Belize; and (2) between Trinidad and Tobago via Antigua, Barbados, Grenada, St. Lucia and St. Maarten to San Juan and beyond to Jamaica; (b) charter foreign air transportation of persons, property and mail between points in Trinidad and Tobago and points in the United States; and (c) other charters pursuant to Part 212 of the Department’s rules.

If renewal, date and citation of last action: February 25, 2010, in this docket

Applicant representatives: John R. Mietus, Jr./Willia m C. Evans (202) 747

- 5212

DOT Analyst: George Wellington, 202

- 366

- 2391

Responsive pleadings: None filed 1

DISPOSITION

Action: Approved Action date: April 21 , 2011

Effective dates of exemption authority granted: April 21 , 2011

– April 21 , 2012

Basis for approval (bilateral agreement/reciprocity): Air Transport Services Agreement between the United States and Trinidad and Tobago

Except to the extent exempted/waived, this authority is subject to the terms, conditions, an d limitations indicated:

X Standard exemption conditions (attached)

Action taken by: Paul L. Gretch, Director

Office of International Aviation

_______________________________________________________________________________________ _________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) the applicant is qualified to perform the proposed operations; (2) our action was consistent with Department policy ; (3) grant of the authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted/deferred/dismissed, we deni ed all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

1 Mr. John P.T. Gilmore sent several emails to the Department that are not a part of this record. We advised him that any comments/pleadings had to be filed in the Do cket and served on the parties to become part of the record for decision in this

pro ceeding. Since he did not file any pleadings in the Docket, we are not permitted, under our regulations, to consider his emails in taking this action

.Persons entitled to petition the Department for review of the action set forth in this Noti ce under the Department’s regulations, 14 CFR § 385.30, may file their 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 review will not alter such effectivene ss.

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

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all ap plicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States, contact its

Internat ional Industry Representative (IIR) (formerly referred to as International Principal Security Inspector) to advise

the IIR of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow suc h airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovere ign immunity, for the purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the United States that are: (a) based on its operations in international air transportation that, according to the contract of carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased in the United States; or (b) based on a claim under any international agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term "international air transportation" means "international transportation" as defined by the Warsaw Convention, except that

all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in its

homeland;

(9) Comply with the re quirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and charter

data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply with the Department's rules governin g charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions imposed above. Moreover, this authority cannot be sold or otherwise t ransferred without explicit Department approval under Title

49 of the U.S. Code.

12/2007