Order 2010-9-34

Served: September 30, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 30th day of September, 2010

Application of

CARIBBEAN SUN AIRLINES,INC.

 d/b/a WORLD ATLANTIC AIRLINES

 d/b/a WAA

for issuance of an amended certificate of public 

convenience and necessity under 49 U.S.C. § 41102 to 

engage in foreign scheduled air transportation of 

persons, property, and mail

Docket DOT-OST-2001-11164

Docket DOT-OST-2001-11198

ORDER CONFIRMING ORAL ACTION 

AND ISSUING EFFECTIVE CERTIFICATE

Summary

By this order, we (1) confirm our oral action of September 24, 2010, making the authority of 

Caribbean Sun Airlines, Inc. (“CSA”), to operate one large aircraft1 in foreign air transportation 

of persons, property, and mail effective for charter operations and (2) reissue the air carrier’s 

certificate to reflect its effectiveness on that date. 

Background

By Order 2002-12-18, issued December 26, 2002, the Department found CSA fit to engage in 

interstate and foreign scheduled passenger operations utilizing small aircraft2 and issued to it 

certificates for such operations. 

On January 14, 2009, CSA sought to amend its certificate to allow it to conduct foreign

scheduled air transportation using one large aircraft.

3 By Order 2010-3-7, issued March 8, 2010, 

we found the air carrier fit to operate foreign scheduled air operations and issued it a certificate 

of public convenience and necessity to engage in foreign scheduled air transportation of persons,

 

1 Large aircraft are aircraft originally designed to have a minimum seating capacity greater than 60 passenger 

seats or 18,000 pounds payload capacity.

2 Small aircraft are aircraft originally designed to have a maximum seating capacity of less than 60 passenger 

seats or 18,000 pounds payload capacity.

3 See Order 2009-10-12 dated October 22, 2009, revoking CSA’s Interstate Scheduled Certificate Authority for 

reason of dormancy. 

UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION
2

property, and mail between the United States, on the one hand, and the Dominican Republic, on 

the other hand, using one large aircraft.

.

CSA’s authority to operate large aircraft in foreign scheduled operations was to become effective 

six (business) days after the Department received, (1) a copy of CSA’s Air Carrier Certificate 

and Operations Specifications from the Federal Aviation Administration (“FAA”) authorizing it 

to engage in such operations, (2) a certificate of insurance evidencing liability insurance 

coverage meeting the requirements of Part 205 of our rules, (3) updated fitness information 

describing any changes CSA may have undergone subsequent to the show cause order in this 

proceeding, and (4) evidence that CSA continued to have sufficient funding to meet our financial 

fitness criteria.

FITNESS UPDATE

On June 14 and July 9, 2010, CSA identified three changes in its key management personnel. 

Specifically, Mr. Tom B. Van Halm replaced Mr. Raul Mendez as Chief Pilot; Mr. Ray T. 

Bradley replaced Mr. Thomas J. Andino as Director of Maintenance; and Mr. Glenn DeLaney 

replaced Mr. Thomas H. Cragg as Director of Quality. We note that each have been approved by 

the FAA to hold their respective positions. 

Mr. Van Halm, a citizen of the Netherlands and a non-U.S. resident of the United States, has 

been approved by the FAA to hold the position of Chief Pilot. Mr. Van Halm is type rated on 

B727, B737, B747, DC-9 and DC-10 jet aircraft and has over 12,200 hours as Pilot in Command. 

He was previously with Falcon Air Express (2000-2010) as Chief Pilot, Check Airman, and 

Captain. He also served as a First Officer with Challenge Air Cargo (1996-2000), and as a 

Captain and Line Check Airman with American Eagle (1987-1996).

Mr. Bradley, an Airframe and Powerplant Mechanic, is a U.S. citizen. Prior to joining CSA as 

Director of Maintenance, he was employed as Director and Manager of Maintenance with 

Centurion Air Cargo (2005-2010), Planet Airways (2003-2005), and Miami Air International 

(2000-2002). He was also Maintenance Controller with Miami Air International (1997-2000) 

and held various positions of increasing responsibility at Trans World Airlines, including 

Aircraft Maintenance Crew Chief, Lead A&P Mechanic, and Hanger/Line Mechanic (1966-

1997). Mr. Bradley also served in the U.S. Army, retiring with the rank of Sergeant. 

Mr. DeLaney, CSA’s Director of Quality and Regulatory Affairs since 2009, was previously 

Director of Safety with Kalitta Charters II (2006-2009), a Quality Assurance Technical and 

C.A.S.E Auditor and Hangar Foreman for Spirit Airlines (2002-2005 and 1996-2000), and an

Inspector/Vendor Auditor for USA Jet Airlines (2000-2002). Mr DeLaney holds an Airframe 

and Powerplant license and is a U.S. citizen.

CSA provided information that states that there are no actions, outstanding judgments, charges of 

unfair, deceptive, or anticompetitive business practices, or of fraud, felony or antitrust violations 

against Messrs. Van Halm, Bradley, and DeLaney, nor are there any pending investigations, 

enforcement actions, or formal complaints filed by the Department against them with respect to 

compliance with the Statute or the Department’s regulations.
3

On September 20, 2010, CSA provided to the Department OST Form 6410, evidencing liability 

insurance that meets the requirements of 14 CFR 205.5(b), and an updated copy of its Operation 

Specifications from the FAA authorizing it to operate large aircraft in Supplemental Operations.

4 

CSA states that, although it still plans to provide the foreign scheduled passenger operations for 

which it was initially found fit, the air carrier requests that the Department make its certificate 

authority effective to the extent necessary to allow it to conduct foreign charter services.

CSA also provided updated information regarding the pre-operating expenses it has incurred thus 

far. As of September 21, 2010, it had incurred $4.3 million in pre-operating expenses, of which 

$129,319 remains. The air carrier expects to incur approximately $7.6 million in first-year 

charter expenses. Based on this information, CSA needs $2.04 million to meet our financial 

fitness test.5 

In support of its ability to fund its proposed operations, CSA provided third-party verification 

from Regions Bank showing that it has access to $761,852 on deposit, and provided letters from 

Miami Tech Line Maintenance Inc., and Southcoast AeroMarine Insurance stating that lines-ofcredit had been extended to CSA for $1.0 million and $575,000 respectively. CSA submitted 

verification on September 21, 2010, that these lines-of-credit had not yet been drawn down.

We have reviewed the forecasts provided by CSA and find them to be reasonable. Moreover, we 

have reviewed CSA’s financial commitments available and find them sufficient to fund the air 

carrier’s charter operation. 

Based on our review of the updated fitness information provided by CSA, we concluded that the 

air carrier remains a U.S. citizen and was fit to commence operations. Additionally, our review 

of the insurance and FAA documentation provided by CSA is satisfactory. Under these 

circumstances, on September 24, 2010, we orally advised CSA that we would make its authority 

effective on that date, limited to charter operations with the one aircraft initially proposed. 

Should CSA wish to expand its charter services beyond this one aircraft, it will need to provide 

the Department with at least 45 days’ advance notice and demonstrate its fitness for such 

expansion. We also remind CSA that the effectiveness of its authority to conduct operations

under its foreign certificate continues to be conditioned upon its providing the Department with 

updated information that the air carrier remains a U.S. citizen and is fit for such services.6

By this order, we confirm our oral action of September 24, 2010, and reissue CSA’s foreign 

certificate to reflect the effectiveness for charter operations using one large aircraft.

 

4 See 14 CFR § 119.3(2)(i). Supplemental operation includes, among other things, operations for which the 

departure time, departure location, and arrival location are specifically negotiated with the customer or the 

customer’s representative. 

5 The $2.04 million noted here is comprised of the applicant’s forecast of approximately $129,319 in preoperating expenses remaining to be paid, plus $1.9 million, which is one-quarter of its estimated $7.6 million in 

first-year charter expenses.

6 This shall include, but not necessarily be limited to, information detailing the expenses incurred, or to be 

incurred, in connection with such services, evidence that the air carrier has raised all required funding, and 

information as to any changes in its ownership, management personnel, or compliance posture.
4

ACCORDINGLY, 

1. We confirm our oral action of September 24, 2010, making the authority contained in the 

foreign certificate issued to Caribbean Sun Airlines, Inc., by Order 2010-3-7, effective for 

charter operations using one large aircraft, 

2. We reissue the foreign certificate issued to Caribbean Sun Airlines, Inc., to reflect its 

effectiveness for charter operations using one large aircraft.

3. 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 actual flight operations

using large aircraft.

7

4. We direct that, should Caribbean Sun, Inc., propose to increase its fleet to more than one

large aircraft, it must first notify the Department in writing 45 days prior to the proposed 

operation and demonstrate its fitness to conduct such operations before their commencement.8

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

By: 

TODD M. HOMAN

Director

Office of Aviation Analysis

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov

 

7 The report should 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. The air 

carrier should also be prepared to meet with staff members of the Fitness Division to discuss its current and future 

operations.

8 This notice should be submitted to the Air Carrier Fitness Division. The air carrier may contact the Air Carrier 

Fitness Division prior to submitting its notice to determine what fitness information must be provided.
 

Certificate of Public Convenience and Necessity for

Foreign Air Transportation

(as reissued)

This Certifies That

CARIBBEAN SUN AIRLINES, INC.

d/b/a WORLD ATLANTIC AIRLINES 

d/b/a WAA

is authorized, subject to the provisions of Subtitle VII of Title 49 of 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 2010-9-34 Todd M. Homan

On September 30, 2010 Director

Effective on (See Attached) Office of Aviation Analysis
2

Attachment 

As reissued by Order 2010-9-34

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 any place in the United States and any place outside thereof.

This authority is subject to the following provisions:

(1) (a) The holder’s authority to conduct foreign charter air transportation of persons, property, and 

mail under this certificate became effective on September 24, 2010.

(b) The holder’s authority to conduct scheduled air transportation of persons, property, and mail 

under this certificate shall become effective at such time as the Department has received updated 

fitness information from the holder and has determined that the holder remains a citizen of the United 

States and is fit to conduct such scheduled services. 

(2) Pending receipt of effective scheduled authority, the holder may not accept payment of any kind 

(i.e., cash, check, or credit card), or issue tickets for any scheduled 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 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 

 

 This certificate is being reissued to reflect its effective date.
3

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 U.S. 

Government requirements concerning security, including, but not limited to 49 CFR Part 1544.



(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) Should the holder propose any substantial change in its ownership, management, or operations 

(as defined in 14 CFR 204.2(l)), it must first comply with the requirements of 14 CFR 204.5.

(10) In the event that the holder commences but subsequently ceases all operations for which it was 

found "fit, willing, and able," its authority under this certificate 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.

 

 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 

Principal Security Inspector (PSI) to advise the PSI 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.
 

Attachment A

SERVICE LIST FOR

CARIBBEAN SUN AIRLINES, INC.

d/b/a WORLD ATLANTIC AIRLINES

d/b/a WAA

MR PIERRE MURPHY

LAW OFFICES OF PIERRE MURPHY

1200 NEW HAMPSHIRE AVENUE NW

SUITE 800

WASHINGTON DC 20036

MS MARIANNE SEGUIN, RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

REGIONAL COUNSEL 

SOUTHERN REGION

FEDERAL AVIATION ADMINISTRATION

 PO BOX 20636

 ATLANTA GA 30320 

 

MR JOSEPH FERNANDEZ

PRESIDENT AND CEO 

CARIBBEAN SUN AIRLINES INC

POST OFFICE BOX 660479

MIAMI SPRINGS FL 33266-0479

MR CLAY MORITZ, RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

 

 MR WILLIAM J WEBER

 CERTIFICATION SECTION 

 MANAGER

 FAA AFS-900

 45005 AVIATION DRIVE SUITE 131

 DULLES VA 20166

MR VINCENT ROSSI

FEDERAL AVIATION 

ADMINISTRATION

8600 NW 36 STREET

SUITE 300

MIAMI FL 33166

MR BERNARD STANKUS, RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590