Order 2010-3-7

Served: March 8, 2010 UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION

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, 2010

Application of

CARIBBEAN SUN AIRLINES, 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-2001-11164

 Docket OST-2001-11198

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 in it,

finding Caribbean Sun Airlines, Inc. (“CSA”) fit to resume 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.

ACCORDINGLY:

1. We find that Caribbean 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 Caribbean 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 United States under 49 U.S.C. 41307, this 

order shall become effective on the 61st 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 regulations 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 pounds.

2

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

4. We direct Caribbean Sun Airlines, Inc. to submit to the Air Carrier Fitness Division a first 

year progress report within 45 days following the end of its first year of certificated 

operations.3

5. We direct that should Caribbean 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 

fitness 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 World 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 served, 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 listing 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 

transportation 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, 2010 Assistant Secretary for 

Effective 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, property, 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 Operations 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 paid 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 incurred 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 

advertisement 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, and 
2

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 accordance 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 Transportation 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 intermediate 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) involved 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 certificate 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 (IPSI) 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 foreign air 

transportation in accordance with the provisions of 14 CFR 212. 

(10) 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 requirements of 

14 CFR 204.5.
3

(11) 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 certificates 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-42

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MR JOSEPH FERNANDEZ

PRESIDENT AND CEO 

CARIBBEAN SUN AIRLINES INC

POST OFFICE BOX 660479

MIAMI SPRINGS FL 33266-0479

MS ANNE SUISSA, RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

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 AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591