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BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. _____________________________________________ ) Application of ) ) CARIBBEAN AIRLINES LIMITED ) ) Docket DOT-OST-2006-26586 For Renewal and Expansion of Exemption Authority) (Trinidad and Tobago-US) ) ) _____________________________________________) APPLICATION OF CARIBBEAN AIRLINES LIMITED FOR REINSTATEMENT AND EXPANSION OF AN EXEMPTION FROM 49 U.S.C. § 41301 Communications with respect to this document should be directed to: John Maggio [email protected] CONDON & FORSYTH LLP 7 Times Square New York, NY 10036 (212) 894-6792 (212) 370-4453 (fax) Counsel for CARIBBEAN AIRLINES LIMITED DATED: April 8, 2020 NOTICE: Any person may support or oppose this application by filing an answer with the Department of Transportation and serving a copy of the answer on the applicant and all persons served with this application on or before April 23, 2020. 1 BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. _____________________________________________ ) Application of ) ) CARIBBEAN AIRLINES LIMITED ) ) Docket DOT-OST-2006-26586 For Renewal and Expansion of Exemption Authority) (Trinidad and Tobago-US) ) ) _____________________________________________) APPLICATION OF CARIBBEAN AIRLINES LIMITED FOR RENEWAL AND EXPANSION OF AN EXEMPTION FROM 49 U.S.C. § 41301 Pursuant to 49 U.S.C. § 40109(c), Caribbean Airlines Limited (“CAL”) respectfully requests reinstatement of the above-captioned exemption authority, which permits CAL to engage in: (a) scheduled foreign air transportation 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, Martinique, 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; (2) between Trinidad and Tobago via Antigua, Barbados, Grenada, St. Lucia and St. Maarten to San Juan and beyond to Jamaica; and (3) between Trinidad and Tobago via the intermediate point of St. Vincent and the Grenadines, to New York; (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. Consistent with the above referenced authority, CAL also respectfully requests to expand its exemption authority to permit scheduled foreign air transportation of persons, property and mail between Trinidad and Tobago via the intermediate points of Dominica and Tortola, British Virgin Islands, to San Juan, Puerto Rico. In support of this application, CAL states as follows: 2 CAL’s Request for Reinstatement of its Current Authority 1. CAL is a flag carrier of the Republic of Trinidad and Tobago and currently holds various exemptions authorizing service between Trinidad and Tobago and Jamaica, on the one hand, and various U.S. points, on the other, via various intermediate and beyond points. CAL provides air service to and from the U.S. pursuant to this authority. 2. By Notice of Action Taken, dated December 21, 2017 (the “Notice”), the Department granted CAL the authority in this docket on the basis of reciprocity. This authority was renewed for two years, expiring on December 21, 2019. 3. Due to administrative oversight, the authority granted in this docket has lapsed. CAL hereby seeks to reinstate the same authority exemption it has been granted and it operated under for over a decade under this docket. Reinstatement will result in no additional impact on U.S. carriers. CAL is simply seeking the same exemption authority it would have sought if it made this application prior to December 21, 2019. Accordingly, CAL invokes the automatic extension provisions of the Administrative Procedure Act, 5 U.S.C. § 558(c), as implemented by Part 377 of the Department’s Regulations, so that it may continue operations pending a final decision by the Department on this renewal request.1 4. Under the 2010 Air Transport Services Agreement between the Republic of Trinidad and Tobago and the United States,2 airlines of the Republic of Trinidad and Tobago have the right to perform international air transportation “from points behind Trinidad and Tobago via Trinidad and Tobago and intermediate points to any point or point in the United States and beyond; and for all-cargo service, between the United States and any point or points . 1 Further, CAL will be filing an application for a Foreign Air Carrier Permit under the U.S. and Trinidad and Tobago bilateral aviation services treaty in the coming months. 2 The Air Transport Services Agreement between the Republic of Trinidad and Tobago and the United States is dated May 2010, but appears to have been formalized in 2013. See Air Transport Agreements Between the U.S. and Trinidad and Tobago, https://www.state.gov/e/eb/rls/othr/ata/t/td/. 3 . .” CAL has been properly designated under the Agreement and continues to hold authority from the Republic of Trinidad and Tobago to operate the relevant routes. 5. Pursuant to 49 U.S.C. § 40109(c), the Department may grant an exemption from the provisions of 49 U.S.C. § 41301, so long as it finds consistency with the public interest. Given CAL’s designation of this route under the bilateral agreement between the Republic of Trinidad and Tobago and the United States, such a public interest finding is warranted. See Link Conexion Aera S.A. de C.V. d/b/a Tar Aerolinas, OST-2016-0036, Notice of Action Taken, dated August 7, 2017 (granting exemption authority that was consistent with the bilateral agreement between the United States and Mexico). As CAL has successfully operated the routes in this docket since January 1, 2007, renewal of the current authority will continue to provide benefits for consumers, and further demonstrates that renewal of the exemption is consistent with the public interest. CAL’s Proposed Expansion of its Authority in this Docket 6. CAL’s request to expand its current authority to permit scheduled foreign air transportation of persons, property and mail between Trinidad and Tobago via the intermediate point of Dominica and Tortola, British Virgin Islands, to San Juan, Puerto Rico, is consistent with its current authority in this docket. See Caribbean Airlines Limited (Caribbean Airlines), OST-2006-26586, Notice of Action Taken, dated December 27, 2006 (granting CAL the authority to permit scheduled foreign air transportation of persons, property and mail between Trinidad and Tobago via several intermediate points in the Caribbean, to New York and other U.S. destinations). 7. CAL seeks expansion of its authority in this docket for three routes. The routes that CAL requests are flights that begin and end in Port of Spain, Trinidad, with various stopping points, including in Dominica and Tortola, British Virgin Islands, and San Juan, Puerto Rico. 4 8. The first route begins and ends in Port of Spain, with stopping points in Dominica, Barbados, Antigua, Tortola, and San Juan (POS-DOM-BGI-ANU-EIS-SJU-EIS- ANU-BGI-DOM-POS). In this route, the aircraft will stay overnight in San Juan. CAL’s proposed schedule is as follows: Flight # Effect Frequency From To Equip Depart Arrive 208 1-Aug-20 3,6 POS DOM ATR 1400 1545 3,6 DOM BGI ATR 1615 1715 3,6 BGI SXM ATR 1745 1945 3,6 SXM EIS ATR 2015 2055 3,6 EIS SJU ATR 2125 2200 211 2-Aug-20 4,7 SJU EIS ATR 0525 0600 4,7 EIS SXM ATR 0630 0715 4,7 SXM BGI ATR 0745 0945 4,7 BGI DOM ATR 1015 1115 4,7 DOM POS ATR 1145 1330 9. The second route begins and ends in Port of Spain, with stopping points in Dominica, Barbados, St. Maarten, Tortola, and San Juan (POS-DOM-BGI-SXM-EIS-SJU-EIS- SXM-BGI-DOM-POS). In this route, the aircraft will stay overnight in San Juan. CAL’s proposed schedule is as follows: Flight # Effect Frequency From To Equip Depart Arrive 206 3-Aug-20 1,4 POS DOM ATR 1345 1530 1,4 DOM BGI ATR 1600 1700 1,4 BGI ANU ATR 1730 1855 1,4 ANU EIS ATR 1925 2025 1,4 EIS SJU ATR 2055 2130 209 4-Aug-20 2,5 SJU EIS ATR 0530 0605 2,5 EIS ANU ATR 0635 0730 2,5 ANU BGI ATR 0800 0945 2,5 BGI DOM ATR 1015 1115 2,5 DOM POS ATR 1145 1330 10. The third route begins and ends in Port of Spain, with stopping points in Dominica, Barbados, St. Kitts, Antigua, Guadeloupe, and San Juan (POS-DOM-BGI-SKB- 5 ANU-PTP-SJU-PTP-ANU-SKB-BGI-DOM-POS). In this route, the aircraft will stay overnight in San Juan. CAL’s proposed schedule is as follows: Flight # Effect Frequency From To Equip Depart Arrive 206 4-Aug-20 2,5,7 POS DOM ATR 1400 1545 2,5,7 DOM BGI ATR 1615 1715 2,5,7 BGI SKB ATR 1745 1935 2,5,7 SKB EIS ATR 2005 2050 2,5,7 EIS SJU ATR 2120 2155 209 5-Aug-20 1,3,6 SJU EIS ATR 0530 0605 1,3,6 EIS ANU ATR 0635 0730 1,3,6 ANU BGI ATR 0800 0945 1,3,6 BGI DOM ATR 1015 1115 1,3,6 DOM POS ATR 1145 1330 11. Granting CAL the authority to operate the three routes above would be consistent with the Air Transport Services Agreement between the Republic of Trinidad and Tobago and the United States, which grants CAL the right to perform international air transportation from points behind Trinidad and Tobago via Trinidad and Tobago and intermediate points to any point or point in the United States.

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