BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

CARIBBEAN AIRLINES LIMITED 

for Renewal of an Exemption from 

49 U.S.C. § 41301 (Trinidad and Tobago-U.S.) 

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Docket OST-06-26586 

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APPLICATION OF CARIBBEAN AIRLINES LIMITED. 

FOR RENEWAL OF EXEMPTION AUTHORITY 

Communications with respect to this 

document may be served upon: 

John R. Mietus, Jr. 

William C. Evans 

LAW OFFICE OF JOHN MIETUS, LLC 

6701 Democracy Boulevard, Suite 300 

Bethesda, MD 20817-7500 

(202) 747-5212 

john@mietuslaw.com 

bill@mietuslaw.com 

Counsel for Caribbean Airlines Limited 

NOTICE: Any person may support or oppose this application by filing an 

answer and serving a copy of the answer on counsel for Caribbean Airlines Limited, 

and upon persons served with this application no later than March 2, 2011. 

DATED: February 15, 2011 

4847-1563-2645, v. 1 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

CARIBBEAN AIRLINES LIMITED 

for Renewal of an Exemption from 

49 U.S.C. § 41301 (Trinidad and Tobago-U.S.) 

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Docket OST-06-26586 

February 15, 2011 

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APPLICATION OF CARIBBEAN AIRLINES LIMITED. 

FOR RENEWAL OF EXEMPTION AUTHORITY 

Pursuant to 49 U.S.C. 40109(c), Caribbean Airlines Limited ("CALli) respectfully 

requests renewal of the exemption authority granted by Notice of Action Taken dated 

February 25,2010, to engage in (a) scheduled foreign air transportation of persons, 

property and mail (1) between Trinidad and Tobago via named intermediate points and 

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 named intermediate points and San Juan and 

beyond to Jamaica; (b) charter foreign air transportation of persons, property and mail 

between Trinidad and Tobago and points in the United States, and (c) other charters 

pursuant to Part 212 of the Department's Rules. The exemption authority currently is set 

to expire February 25,2010. By this application, CAL intends to invoke the automatic 

extension provisions of 5 U.S.C. § 558(c) and Part 377 of the Department's Special 

t.au c. 
-2- Caribbean Airlines Limited 

Exemption Renewal 

Regulations. The renewal is requested for one year. In support of this application, CAL 

states as follows: 

1. CAL is a flag carrier of the Republic of Trinidad and Tobago and currently 

holds exemption authority, which authorizes service between Trinidad and Tobago and 

points in the U.S. via intermediate points in the Caribbean and beyond specified U.S. 

points. Pursuant to its exemption authority, CAL provides service between Trinidad and 

Tobago and the United States. 

2. By this application, CAL seeks renewal of the exemption authority last granted 

by Notice of Action Taken, dated February 25,2010, which currently is set to expire on 

February 25, 2011. CAL currently is utilizing the exemption authority to provide nonstop 

service between Port of Spain, on the one hand, and Miami and New York, on the other. 

The response to the service has been satisfactory and CAL wants to continue the service 

for another year. 

3. Under the Air Transport Services Agreement between the Government of 

Trinidad and Tobago and the Government of the United States which became effective 

May 23, 1990, a cru:rier designated by the Government of Trinidad and Tobago is entitled 

to operate over the routes described in Annex I. By Note (2165) dated November 10, 

2006, CAL was designated for the routes in issue. In addition, CAL continues to hold 

authority from the Government of Trinidad and Tobago to serve those routes. 

4. Under 49 U.S.C. 40109(c), the Department may grant or renew an exemption 

if it finds that such is consistent with the public interest. It is clear that the designation of 

a carrier by its homeland government is the most significant factor in determining 

whether grant of an application is in the public interest. For example, in Linea Aerea 

ND: 4821-0432-2306, v. 1 
- 3 - Caribbean Airlines Limited 

Exemption Renewal 

Nacional de Chile, Foreign Permit, 26 C.A.B. 604 (1958), the Civil Aeronautics Board 

stated as follows: 

Where, as here, the applicant has shown that it holds the 

appropriate designation under an effective bilateral 

agreement to operate the route embraced by the application, 

the applicant has presented highly significant evidence 

bearing on the public Interest. 

See also Application of Aerovias Venezolanas S.A., Order 86-8-88 at 3 (provision for 

authority in a bilateral is prima facie evidence that grant thereof is in the public interest); 

Aerolineas Peruanas Foreign Permit, 31 C.A.B. 181 (1960). The same findings are 

warranted here, where CAL has been designated for the routes sought to be served. 

5. Given the fact that under the bilateral agreement CAL has been designated for 

the authority requested herein and the fact that the exemption will only be effective for 

one year, the request is limited in scope and should be noncontroversial. 

WHEREFORE, Caribbean Airlines Limited respectfully requests that the 

Department grant renewal of the exemption authority as requested herein. 

DATED: February 15,2011 

NO: 4821-0432-2306, v. 1 

Respectfully submitted, 

~-~~ William C. Evans 

LAW OFFICE OF JOHN MIETUS, LLC 

6701 Democracy Boulevard, Suite 300 

Bethesda, MD 20817-7500 

(202) 747-5212 

john@mietuslaw.com 

bill@mietuslaw.com 

Counsel for Caribbean Airlines Limited 
CERTIFICATE OF SERVICE 

I hereby certify that I have this 15th day of February 2011, caused a copy of the 

foregoing Application of Caribbean Airlines Limited to be served by electronic mail upon 

those persons on the attached list. 

William C. Evans 

AU = 
Cart B. Nelson, Jr. 

Associate General Counsel 

American Airtlnes, Inc. 

110117th Street, N.W. 

Washington, D.C. 20036 

SERVICE LIST 

R. Bruce Keiner, Jr. (for Continental Airlines) 

Crowell & Moring 

1001 Pa. Ave., N.W., 10th Fl. 

Washington, D.C. 20004 

Alexander Van der Bellen 

Managing Director-Government Affairs & 

Associate General Counsel 

Delta Air Lines, Inc 

1212 New York Avenue, N.W. 

Washington, D.C. 20005 

Jeffrey A. Manley 

Senior Advisor 

United Air Lines,lnc. 

1025 Connecticut Ave., N.W., Suite 1210 

Washington, DC 20005 

Marshall S. Sinick ( for Alaska Airlines) 

Squire, Sanders & Dempsey 

1201 Pennsylvania Ave. N.W. 

Washington, D.C. 20004 

Howard Kass 

Associate General Counsel 

US Airways, Inc. 

2345 Crystal Drive 

Minglon, VA 22227 

Nancy S. Sparks 

Managing Director, Regulatory Affairs 

Federal Express Corporation 

1700 Pennsylvania Avenue, N.W. Suite 950. 

Washington, D.C. 20006 

John L. Richardson (for Amerijet) 

55513lh Street, N.W., Suite 420 West 

Washington, DC 20004 

David L. Vaughn (for UPS) 

Kelley, Orye & Warren 

3050 K Street, N.W. Suite 400 

Washington, DC 20036 

Hershel L. Kamen 

Staff Vice President 

Continental Airlines, Inc. 

P.O. Box 4607-HQSGV 

Houston, TX 77210-4607 

Pierre E. Murphy (for Arrow Air) 

Suite 800 

1200 New Hampshire AVe. NW 

Washington, DC 20036 

Malcolm Benge (for North American) 

Zuckert, Scoutt & Rasengerger L.L.P. 

888 Seventeenth Street, N.W. 

Washington, D.C. 2006-3309 

Robert Silverberg (for Evergreen) 

Silverberg, Goldman & Bikoff 

Suite 120 1101 30th St. NW 

Washington, DC 20007 

Ben Graves 

Evergreen International Aviation 

3850 Three Mile Lane 

McMinnville, OR 97128 

Office of Aviation Negotiations 

Department of State 

2201 C Street, N.W. 

Washington, D.C. 20520 

Flight Standards Service -AFS-200 

Federal Aviation Admin. 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

NO: 4836-9455-0529, Ver 5 

4841-3221-6321, v. 1