UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. ---------------------------------------------------------------- PACIFIC WINGS, LLC ---------------------------------------------------------------- NOTICE OF REGISTRATION OF TRADE NAME On January 4, 2007, Pacific Wings, LLC (“Pacific Wings”), a certificated air carrier,1 requested that the Department register the trade names “PW Express” and “Pacific Wings Airlines” for use in certain of its air transportation operations. Part 215 (14 CFR 215) of the Department’s regulations provides that any carrier wishing to use an alternative trade name must first register that name with the Department. The rule further states that the Department may register such trade name after the air carrier gives notification to similarly named air carriers of the proposed use of the trade name. If the registration of the proposed trade name would likely result in significant potential for public confusion the Department may preclude registration of such trade name. Moreover, the Department may also pursue enforcement action in cases where there is evidence of actual public harm or confusion in violation of the unfair and deceptive practices provisions set forth under 49 U.S.C. § 41712. In this case, we identified one similarly named air carrier, Pacific Wings Airlines Limited, a Canadian air taxi registered under Part 294 of the Department’s regulations and Part 129 of the Federal Aviation Regulations, and on January 9, 2007, we requested Pacific Wings to notify Pacific Wings Airlines Limited of the proposed use of the trade names “PW Express” and “Pacific Wings Airlines.” On January 10, 2007, Pacific Wings provided evidence that it had complied with our request. Since Pacific Wings has complied with the requirements of Part 215, we acknowledge registration of the trade names “PW Express” and “Pacific Wings Airlines” by Pacific Wings for use in its operations. In doing so, we note that Pacific Wings Airlines Limited has not filed an answer objecting to the proposed use of the trade names. Furthermore, each air carrier has performed their respective operations using similar names for more than two years and the Department has not received any consumer complaints concerning name confusion. Moreover, we find that Pacific Wings operations using 9-seat Cessna 208 aircraft operated among destinations within the state of Hawaii are significantly different in both geographical area of operations and type of operations than the operations performed by Pacific Wings Airlines Limited, primarily using 8-seat Dehavilland DHC-2 amphibious aircraft operated among destinations in Canada and the northwestern United States. Therefore it is not evident that public 1 See Order 2001-8-2, issued August 7, 2001. 2 confusion would likely result from Pacific Wings’ use of the trade names “PW Express” and “Pacific Wings Airlines” in its operations. However, should the Department find evidence of consumer harm as a result of name confusion, we will not hesitate to take appropriate action under 49 U.S.C 41712. Dated at Washington, D.C., January 12, 2007. TODD M. HOMAN Director Office of Aviation Analysis An electronic version of this document is available on the World Wide Web at http://dms.dot.gov Attachment A SERVICE LIST FOR PACIFIC WINGS, LLC MR GREGORY WALDEN MR PETER LYNCH FAA PATTON BOGGS LLP ASST CHIEF COUNSEL COUNSEL FOR PACIFIC WINGS LLC FOR ENFORCEMENT AGC-300 2550 M STREET NW 800 INDEPENDENCE AVE SW WASHINGTONM DC 20037-1350 WASHINGTON DC 20591 MR DON BRIGHT K-14 MS LORI AQUILINO OFFICE OF AIRLINE INFORMATION CSET ASST MGR DEPARTMENT OF TRANSPORTATION FAA SFO-IFO 400 SEVENTH STREET SW 831 MITTEN ROAD STE 105 WASHINGTON DC 20590 BURLINGAME CA 94010 MR DAVID LUSK POI FOR PACIFIC WINGS LLC PACIFIC WINGS AIRLINES LIMITED HONOLULU FSDO 5764 WHARF STREET 135 NAKOLO PLACE SECHELT BC V0N 3A0 HONOLULU HI 96819 .