Order 20 10

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- 7

Served: March 8, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 8 th day of March

, 20 10

Application of

CA RIBBEAN SUN A IRLINES , INC.

d/b/a WORLD ATLANTIC AIRLINES

d/b/a WAA

for certificate of public convenience and necessity under 49 U.S.C. 41102 to engage in foreign air transportation of persons, property, and mail Docket OST

- 200 1

- 1 1164

Docket OST

- 20 0 1

- 1 1198

FINAL ORDER

By Order 2009

- 12

- 8 issued December 15, 2009

, we directed all interested persons to show cause why we should not make final our tentative findings and conclusions stated i n it

, finding Caribbean Sun Airlines, Inc. (“CSA”) fit to r esume foreign scheduled air transportation of persons, property, and mail between the United States, on the one hand, and the Dominican Republic, on the other hand , using one large aircraft

. 1 No objections to the

show cause order were received.

ACCORDING LY:

1. We find that C aribbean Sun Airlines, Inc. is fit, willing, and able to engage in foreign scheduled air transportation of persons, property, and mail, subject to conditions.

2. We issue a certificate of public convenience and necessity to C aribbean Sun Airlines, Inc. authorizing it to engage in foreign scheduled air transportation of persons, property, and mail between the United States, on the one hand, and the Dominican Republic, on the other hand.

3

. Unless disapproved by the President of the Un ited States under 49 U.S.C. 41307 , this

order shall become effective on the 61 st day after its submission for section 41307 review or upon the date of receipt of advice from the President or his designee under Executive Order 12597 and implementing regulat ions that he or she does not intend to disapprove the Department's order under that section, whichever occurs earlier

. 2

1 Large aircraft is defined as any aircraft originally designed to have a maximum passenger seating capacity of more than 60 seats or a maximum payload capacity of more than 18,000 p ounds.

2 This order was submitted for section 41307 review on January 6 , 2010. The 61 st day is March 8, 2010.2

4. We direct C aribbean Sun Airlines , Inc. to submit to the Air Carrier Fitness Division a first year progress report within 45 days fol lowing the end of its first year of certificated
operations. 3

5. We direct that should C aribbean Sun Airlines, Inc. want to operate more than one large aircraft, it must first provide the Department with at least 45 days’ notice and demonstrate its

fitnes s for such operations.

6

. We will serve a copy of this order on the persons listed in Attachment A.

By:

SUSAN L. KURLAND Assistant Secretary

for Aviation and International Affairs

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

3 The report shall include a description of the air carrier’s current operations (number and type of aircraft,
principal markets serve d, total number of full

- time and part

- time employees), a summary of how these
operations have changed during the year, a discussion of any changes it anticipates from its current operations during its second year, current financial statements, and a listin g of current senior management and key technical
personnel.

# Certificate of Public Convenience and Necessity for

Foreign Air Transportation

This Certifies That



## CARIBBEAN SUN AIRLINES

, INC.

d/b/a WORLD ATLANTIC AIRLINES

d/b/ a WAA

. Route 900



### is authorized, subject to the provisions of Subtitle VII of Title 49 of the United States Code, the orders, rules, and regulations issued thereunder, and the attached Terms, Conditions, and Limitations, to engage in foreign air

transport ation of persons, property, and mail.

This Certificate is not transferable without the approval of the Department of
Transportation.

By Direction of the Secretary

Issued by Order 2010

- 3

- 7 Susan Kurland

On March 8, 20 10 Assistant Secretary for Eff ective on (See attached) Aviation and International Affairs

### Attachment



### Terms, Conditions, and Limitations

CARIBBEAN SUN AIRLINES , INC.

d/b/a WORLD ATLANTIC AIRLINES

d/b/a WAA

is authorized to engage in foreign air transportation of persons, pro perty, and mail:

Between a point or points in the United States and a point or points in the Dominican Republic

.

This authority is subject to the following provisions:

(1) The authority to operate under this certificate will not become effective until six (business) days after the Department has received the following documents; provided

, however , that the Department may stay the effectiveness of this authority at any time prior to that date:

(a) A copy of the holder's Air Carrier Certificate and Opera tions Specifications authorizing such operations from the Federal Aviation Administration (FAA).

(b) A certificate of insurance on OST Form 6410 evidencing liability insurance coverage meeting the requirements of 14 CFR 205.5(b) for all of its aircraft.

(c) A statement of any changes the holder has undergone in its ownership, key personnel, operating plans, financial posture, or compliance history, since the date of

the Show Cause Order in this case.

(d) A revised list of pre

- operating expenses already p aid and those remaining to be paid, as well as independent verification that the holder has available to it funds sufficient to cover any remaining pre

- operating expenses and to provide a working capital reserve equal to the operating costs that would be i ncurred in three months of

operations.

(2) Pending receipt of effective authority, the holder may not accept payment of any kind (i.e., cash, check, or credit card), or issue tickets for the operations proposed under this certificate, and any

advertisemen t by the holder must prominently state: "This service is subject to receipt of government operating authority."

(3) The holder shall at all times conduct its operations in accordance with the regulations prescribed by the Department of Transportation for the services authorized by this certificate, and2



### with such other reasonable terms, conditions, and limitations as the Department of Transportation may prescribe in the public interest.

(4) The holder shall at all times conduct its operations in accordanc e with all treaties and agreements between the United States and other countries, and the exercise of the privileges granted by this certificate is subject to compliance with such treaties and agreements and with any order of the Department of Transportati on issued under them. To the extent that the holder has authority to serve more than one country or points in more than one country on the same route segment, that authority does not confer upon the holder any additional rights (including fifth

- freedom int ermediate and/or beyond rights) in limited

- entry markets unless the Department has completed any necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise such rights and has notified the foreign country(ies) inv olved that any such selected carrier(s) has the required authority. In such cases, the fact that the carrier may hold authority to serve the countries (points) at issue on the same segment will not be considered as providing any preference to the holder in a carrier selection proceeding.

( 5 ) The exercise of the authority granted here is subject to the holder's first obtaining from the appropriate foreign governments such operating rights as may be necessary.

( 6 ) The holder's authority under this certifica te is effective only to the extent that such operations are also authorized by the Federal Aviation Administration (FAA), and comply with all applicable U.S. Government requirements concerning security, including, but not limited to, 49 CFR Part 1544.

To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) to or from a foreign airport, contact its International Principal Security Inspector (IP SI) to advise the IPSI of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served.

( 7 ) The holder shall at all times remain a "Citizen of the United States " as required by 49 U.S.C. 40102(a)(15).

(8 ) The holder shall maintain in effect liability insurance coverage as required under 14 CFR Part 205. Failure to maintain such insurance coverage will render a certificate ineffective, and this or other failure to comply with the provisions of Subtitle VII of Title 49 of the United States Code or the Department's regulations shall be sufficient grounds to revoke this certificate.

( 9 ) The holder is authorized to conduct charter flights in interstate and/or foreig n air
transportation in accordance with the provisions of 14 CFR 212

.

(1 0 ) Should the holder propose any substantial changes in its ownership, management, or operations (as that term is defined in 14 CFR 204.2(l)), it must first comply with the requireme nts of

14 CFR 204.5.3



### (1 1 ) In the event that the holder does not commence actual flying operations under this certificate within one year of the date of the Department's determination of its fitness, its authority shall be revoked for dormancy, unless the holder is conducting operations under another type of certificate authority. Further, in the event that the holder commences operations for which it was found "fit, willing, and able" and subsequently ceases all such operations, its authority under all ce rtificates held shall be suspended under the terms of 14 CFR 204.7 and the holder may neither recommence nor advertise such operations unless its fitness to do so has been redetermined by the Department. Moreover, if the holder does not resume operations within one year of its cessation, its authority shall be revoked for dormancy.SERVICE LIST FOR

CARIBBEAN SUN AIRLINES , INC.

d/b/a WORLD ATLANTIC AIRLINES

d/b / a WAA Appendix A

MR PIERRE MURPHY

LAW OFFICES OF PIERRE MURPHY

1200 NEW HAMPSHIRE AVENUE NW

SUITE 800

WASHINGTON DC 20036 MR WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS

- 900

45005 AVIATION DRIVE, SUITE 131

DULLES VA 20166 MR BERNARD STANKUS, RTS

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OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

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1200 NEW JERSEY AVE SE

WASHINGTON D C 20590

MR JOSEPH FERNANDEZ

PRESIDENT AND CEO

CARIBBEAN SUN AIRLINES INC

POST OFFICE BOX 660479

MIAMI SPRINGS FL 33266

- 0479 MS ANNE SUISSA, RTS

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OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E

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1200 NEW JERSEY AVE SE

WASHINGTON DC 20590 REGIONAL COUNSEL

SOUTHERN REGION

FEDERAL AVIATION

ADMINISTRATION

PO BOX 20636

ATLANTA GA 30320

MR VINCENT ROSSI

FEDERAL AVIATION

ADMINISTRATION

8600 NW 36 STREET

SUITE 300

MIAMI FL 33166 MR PETER LYNCH AGC

- 300

ASST CHIEF COUNSEL FOR

ENFORCEMENT

FEDERAL AVIATI ON ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591