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OST-2001-11198

http://en.wikipedia.org/wiki/Caribbean_Sun_Airlines


OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2004-17517 - Caribbean Sun and Caribbean Star - US-Caribbean Codeshare

 


Caribbean Sun Airlines, Inc.

OST-2001-11198 - Scheduled Interstate Certificate December 18, 2001 Application for Certificate of Public Convenience and Necessity Scheduled Interstate Air Transportation
    Service List  

The principal immediate purpose of this application is to enable CSA to provide scheduled air transportation between San Juan, Puerto Rico and St. Thomas in the U.S. Virgin Islands, which represents a part of the service pattern described in CSA's concurrent application for foreign scheduled authority in Docket OST-01-11164. The ability to serve the San Juan-St. Thomas market requires U.S. interstate authority, since both points are located in United States territory.  Although CSA requires only San Juan-St. Thomas authority at this time, CSA requests that it be granted interstate certificate authority of unrestricted scope in the form now routinely granted by the Department in the case of all applications for interstate authority subsequent to the Airline Deregulation Act of 1978.

Counsel:  Shaw Pittman, Nathaniel Breed, 202.663.8078

OST-01-11164 - Caribbean Star's Foreign Certificate Application and Exhibits



OST-01-11164
OST-01-11198
February 7, 2002 Supplement No. 1 to Application Certificate of Public Convenience and Necessity - Scheduled and Charter Foreign Service
    Exhibit CSA S1-1:  Resumes  
    Exhibit CSA S1-2:  Letter of Credit  
    Service List  

Caribbean Star Airlines, Inc. hereby submits this Supplement No. 1 to the two captioned applications requesting issuance of two Certificates of Public Convenience and Necessity authorizing CSA to engage in scheduled interstate (Docket OST-01-11198) and foreign (Docket OST-01-11164) air transportation. The purpose of this Supplement No. 1 is two-fold: (1) to furnish citizenship, air carrier experience and other fitness-related information pertaining to a recently-hired member of CSA's key operations management group, and (2) to provide additional information pertaining to the working capital financing arrangements of CSA.

Counsel:  Shaw Pittman, Nathaniel Breed, 202.663.8078



OST-01-11164
OST-01-11198
March 7, 2002
Docketed March 13, 2002
Request for Additional Information Certificate of Public Convenience and Necessity - Scheduled and Charter Foreign Service

As this office continues processing the application of Caribbean Star Airlines, Inc. for a certificate to engage in scheduled and charter foreign air transportation, various issues arise for which additional information may be needed. Thus far we have identified the following areas that require additional information. We ask, therefore, that you provide answers to these questions and submit them to the Docket(s) as soon as convenient.

By:  Howard Serig



OST-01-11164
OST-01-11198
March 13, 2002 Supplement No. 2 to Application Certificate of Public Convenience and Necessity - Scheduled and Charter Foreign Service
    Attachment A:  Request for Additional Informational (March 7, 2002)  
    Service List  

The source of the total of $2.5 million in equity investments made in CSA to date is Mr. R. Allen Stanford, who is the ultimate sole owner of CSA. The source of the guaranty securing the $4.8 million Irrevocable Standby Letter of Credit from The Toronto-Dominion Bank to CSA is provided by Caribbean Star Airlines Holdings, Inc., which is the sole shareholder of CSA, and which, in turn, is wholly owned by Mr. Stanford.  The reference to a $5 million line of credit mentioned in the Explanatory Notes on page 3 of Exhibit CSA-104 refers to The Toronto-Dominion Bank Standby Letter of Credit. That reference was inadvertently not corrected to read "$4.8 million" following CSA's determination that a $4.8 million line of credit would be adequate for its standby working capital requirements.

There are no existing agreements at this time between CSA and its foreign affiliated carrier, Caribbean Star Airlines, Ltd. CSA anticipates that it will enter into a marketing alliance or code-share agreement with CSA Ltd., and one or more other carriers, under standard industry terms. In addition, CSA may enter into contracts with CSA Ltd. for the provision of ground handling services and maintenance support at points served in common by both carriers.

At this time, CSA has not yet entered into any Aircraft Lease Agreements nor has it prepared or received any draft lease agreements. CSA expects to lease its first DeHavilland Dash-8 aircraft shortly prior to the time that such an aircraft is required in connection with CSA's FAA Part 121 certification process, which will commence as soon as the Show Cause Order tentatively granting CSA's Section 41102 certificate application has been issued by the Department.

Mr. Stanford's reasons for creating CSA and prosecuting applications for U.S. DOT and FAA certificate authority are two-fold. First, Mr. Stanford desires to create a high-quality U.S. citizen air carrier which is legally able to provide the highest attainable standard of safe, reliable and efficient service between points within the United States, including transportation between the mainland U.S. and Puerto Rico, and to other U.S. points in the Caribbean. Those intra-U.S. markets are not available to CSA Ltd., which is a foreign carrier. Second, CSA Ltd. is based in Antigua and is licensed by Antigua. At this time, Antigua is designated a Category 2 Country under the FAA's International Aviation Safety Assessment Program. For that reason, CSA Ltd. is not currently able to apply for U.S. authority to perform air transportation between points in the U.S. and Antigua and other foreign points in the Caribbean region and in Central and South America.

Counsel:  Shaw Pittman, Nathaniel Breed, 202.663.8078



OST-01-11164
OST-01-11198
March 15, 2002 Reply of Caribbean Star Airlines Certificate of Public Convenience and Necessity - Scheduled and Charter Foreign Service
    Service List  

As discussed below, CSA submits: (1) that the relief requested by Daystar is improper and is contrary to long-established Department policy, (2) that Daystar's attack on CSA's revenue and expense projections is flawed by fundamental factual errors, and (3) that Daystar has provided absolutely no probative evidence that there is even a shadow of doubt about CSA's manifest fitness for certification under every fitness test articulated by the Department. CSA also notes that Daystar's Answer has been filed over two months past the due date for answers in this case, without providing any credible justification for its failure to file a timely Answer.

Counsel:  Shaw Pittman, Nathaniel Breed, 202.663.8078



OST-01-11164
OST-01-11198
April 3, 2002 Surreply of Caribbean Star and Motion for Leave to File Certificate of Public Convenience and Necessity - Scheduled and Charter Foreign Service
    Service List  

Rather, as stated in its initial Comments and as clarified in its Further Reply, it is clear that the overriding paramount concern of Daystar relates to its prolonged inability to obtain landing rights in Antigua to enable Daystar to exercise the authority to serve various points in the Caribbean, including Antigua, granted to Daystar by the Department. Daystar asserts that the denial of its application by Antigua represents a serious breach of the existing aviation bilateral agreement between the U.S. and Antigua,' and that it undermines the purposes and effectiveness of the United States certification and carrier designation process.

Counsel:  Shaw Pittman, Nathaniel Breed, 202.663.8078



OST-01-11164
OST-01-11198
June 21, 2002 Re:  Caribbean Star Airlines is Willing to Change Formal Corporate  Name, if Necessary, to Resolve Departments Concerns Certificate of Public Convenience and Necessity - Scheduled and Charter Foreign Service
    Service List  

The purpose of this letter is to confirm the willingness of CSA to change its formal corporate name, and, if necessary, its logo and the trade name in which it holds out its planned future service to the public, in a manner sufficient to resolve the Department's concerns. As you are aware, CSA is extremely anxious to avoid any further delay in the Department's issuance of a Show Cause Order in the referenced dockets, so as to enable CSA to proceed with its concurrent Part 121 certification process by the Federal Aviation Administration. In order to allow CSA adequate time to consider various possible alternative name changes, and to review such name changes with the Department's staff, but to avoid a further delay in the issuance of the long-awaited Show Cause Order, CSA requests that the Show Cause Order be issued immediately in the current name in which CSA's DOT and FAA applications have been filed.

As soon as a mutually-acceptable modified name has been agreed upon between CSA and the Department's staff, CSA will immediately file an amendment to the referenced applications, and to its concurrent FAA Part 121 application, for the purpose of changing the name in which those authorizations are to be issued. That amendment will be filed prior to the issuance of the Department's Final Order in these proceedings.

Counsel:  Shaw Pittman, Nathaniel Breed, 202.663.8078, nathaniel.breed@shawpittman.com



Order 02-6-16
OST-01-11164
OST-01-11198
Issued June 27, 2002
Served June 27, 2002
Order to Show Cause Proposing Issuance of Certificate Authority Certificate of Public Convenience and Necessity - Scheduled and Charter Foreign Service
    Attachment:  Terms, Conditions and Limitations  
    Service List  

CSA was incorporated in the State of Delaware in January 2000 to provide scheduled air service from points in Florida and Puerto Rico to points in the Caribbean, Mexico, and Central and South America. Mr. R. Allen Stanford, a U.S. citizen, is Chairman of the Board of Directors and the carrier's sole owner. He is also Chairman and CEO of the Stanford Financial Group, a network of affiliated companies that provide international financial services. He also owns 100 percent of Caribbean Star Airlines Holdings, Ltd., which, in turn, wholly owns Caribbean Star Airlines, Ltd. (CSA Ltd.), an Antiguan air carrier. CSA Ltd. operates scheduled and charter services between Antigua and various points in the eastern Caribbean region. The applicant states that its services will be conducted separate from those of CSA Ltd. Nonetheless, because of the similarity of the applicant's name with that of Mr. Stanford's other airline, and the possibility this presents for confusion, the applicant has agreed to change its name in the near future.

If found fit, CSA proposes to provide service between San Juan, Puerto Rico and Antigua, West Indies; St. Kitts, Leeward Islands; Tortolla, British Virgin Islands; and St. Marten, Netherlands Antilles. Later in the year, the airline proposes to increase service to these points and begin flying between San Juan and St. Thomas, U.S. Virgin Islands. By the end of its first year of operations CSA expects to be operating a total of four leased 37-seat DeHavilland DHC-8-102 aircraft.

If granted the certificate authority it seeks, CSA proposes to operate up to four leased Dash-8 aircraft with 37 coach class seats on various Caribbean air routes. The carver proposes to begin service with two aircraft from both San Juan and Antigua, with non-stop service to St. Maarten, Tortola, and St. Kitts, as well as direct flights and non-stop service between San Juan and Antigua. Following CSA's lease of a third Dash-8 in November 2002, the carrier proposes to increase service in its initial scheduled service markets and commence the operation of a limited number of passenger charter flights in the Caribbean region. CSA then proposes to lease a fourth Dash-8 in February 2003, and add service between San Juan, St. Thomas and Antigua. The carrier also expects to increase service between San Juan and St. Maarten, in addition to offering expanded domestic and international passenger charter operations. With all four Dash-8s in service. CSA expects to operate 30 daily scheduled oneway flights.

By:  Read Van de Water



OST-01-11164
OST-01-11198
July 17, 2002 Re:  Caribbean Star Airlines Does Not Intend to File Answer to Comments of Daystar Airways Certificate of Public Convenience and Necessity - Scheduled and Charter Foreign Service
    Service List  

CSA believes that no response to Daystar's Comments is necessary or appropriate. CSA plans to file evidence of a change in its formal corporate name and trade name, or a change in the name of its sister carrier, Caribbean Star Airlines, Ltd., in order to resolve the Department's concern about the potential for public confusion arising from the similarity in the names of CSA and its affiliated sister carrier.

Counsel:  Shaw Pittman, Nathaniel Breed, 202.663.8078, nathaniel.breed@shawpittman.com



OST-01-11164
OST-01-11198
September 4, 2002 Supplement No. 3 to Application Issuance of Two Certificates of Public Convenience and Necessity - Scheduled Interstate and Foreign Air Transportation
    Exhibits  

Caribbean Star Airlines, Inc. hereby submits this Supplement No. 3 to the two captioned applications requesting issuance of two Certificates of Public Convenience and Necessity authorizing CSA to engage in scheduled interstate (Docket OST-01-11198) and foreign (Docket OST-01-11164) air transportation. The purpose of this Supplement No. 3 is to submit updated fitness information and other documents in compliance with the requirements of Condition (1) in the Specimen Certificates attached to Show Cause Order 2002-6-16, served June 27, 2002, as follows:

The mailing address for CSA's headquarters office has changed to 610 SW 34 `" Street, Suite 303, Ft. Lauderdale, FL 33315, effective immediately. There has been no change in CSA's telephone and fax numbers.

In the near future, CSA plans to change its corporate name to "Caribbean Sun Airlines, Inc." in order to eliminate a risk of potential public confusion arising from the similarity between the names of CSA and its affiliated sister carrier, Caribbean Star Airlines Ltd.

Counsel:  Shaw Pittman, Nathaniel Breed, 202-663-8078



OST-01-11164
OST-01-11198
September 5, 2002 Amendment No. 1 to Certificate of Applications and Motion for Leave to File Certificates of Public Convenience and Necessity
    Service List  

Hereby submits this Amendment No. 1 to each of its pending certificate applications in the captioned proceedings'. The sole purpose of this amendment is to advise the Department of a change in the name of CSA to "Caribbean Sun Airlines, Inc.", and to request the Department to issue the two Certificates of Public Convenience and Necessity at issue in these proceedings in that new name.

Counsel: Shaw Pittman, Nataniel Breed  202 663-8078


OST-01-11164
OST-01-11198
September 5, 2002 Re: Name Change Certificates of Public Convenience and Necessity
Service List

CSA Inc. will change its formal corporate name to "Caribbean Sun Airlines, Inc." That new name, and the abbreviated name "Caribbean Sun", will appear on all corporate documents, tickets and reservation confirmations, and in all advertising, web site publications and other publications disseminated by CSA to the traveling public, other air carriers, travel agents and other persons involved with or interested in the field of air transportation.

Counsel: Shaw Pittman, Nataniel Breed  202 663-8078



Order 02-09-18
OST-01-11164
OST-01-11198
Issued and Served September 19, 2002 Final Order

Microsoft Word File

Certificates of Public convenience and Necessity to Engage in Interstate and Foreign Scheduled Transportations of Persons, Property and Mail

Caribbean Sun Airlines, Inc. and Caribbean Star Airlines, Ltd. are affiliated but separate companies. The air service provided by each carrier is operated independently of the other and the rules applicable to your travel on each airline may be different. We have concluded that the actions described above resolve the issue of similarity of names. Further, we are placing a condition imposing this notice requirement in the Terms, Conditions and Limitations attached to the carrier's certificates.

By:  Read C. Van de Water



OST-01-11164
OST-01-11198
September 27, 2002 Correspondence Scheduled and Charter Foreign Air Transportation

Caribbean Star Airlines, Inc. has a proposal to resolve the potential for public confusion issue arising out of the similarity between the names of CSA Inc. and its affiliated sister, Caribbean Star Airlines Ltd. which is an Antiguan air carrier under common ownership with CSA Inc. and which currently provides small-aircraft service to various points in the eastern Caribbean.

The formal corporate name of CSA Inc. will be changed to "Caribbean Star International, Inc." That modified name will appear on all corporate documents, tickets and reservation confirmations, and in all advertising, web site publications and other publications disseminated by CSA Inc. to the traveling public, other air carriers, travel agents and other persons involved with or interested in the field of air transportation. The name "Caribbean Star International" will be painted on all aircraft operated by CSA Inc. Both CSA Inc. and CSA Ltd. will use the same green and gold color scheme and star-shaped logo on all aircraft and all public communications.

If necessary, in the view of the Department, CSA Inc. and CSA Ltd. will add the following small-print legend in all published advertising, brochures and other promotional materials used by both carriers: "Caribbean Star International, Inc. and Caribbean Star Airlines Ltd. are affiliated but separate companies. The air service provided by each carrier is operated independently of the other, although the flight schedules of the two carriers are closely integrated to provide convenient inter-carrier connections, baggage transfers, and other interline service amenities to the traveling public."

Counsel: Shaw Pittman, Nathaniel Breed



OST-01-11164
OST-01-11198
September 30, 2002 Re:  Formal Name Change to Caribbean Sun Airlines Scheduled Interstate Air Transportation
    Service List  

Enclosed herewith are copies of the two corporate documents reflecting the formal change of the name of Caribbean Star Airlines, Inc. to Caribbean Sun Airlines, Inc. on the records of the Secretary of State for the State of Delaware, effective September 10, 2002.

Counsel: Shaw Pittman, Nathaniel Breed



OST-01-11164
OST-01-11198
December 18, 2002 Re:  Air Carrier Certificate Certificate of Public Convenience and Necessity - Scheduled and Charter Foreign Service
    Service List  

Enclosed herewith is a copy of Air Carrier Certificate No. CBRA 129K, and Sections A-1, A-3, A-6, A-7, B-50 and C-70 from the Operations Specifications related to that Certificate, issued to Caribbean Sun Airlines, Inc.

Counsel:  Zuckert Scoutt, Nathaniel Breed, 202 298-8660



OST-01-11164
OST-01-11198
December 20, 2002 Supplement No. 4 to Application Scheduled Interstate Air Transportation
    Index to Exhibits  
    Exhibits  
    Certification  
    Service List  

Caribbean Sun Airlines, Inc. hereby submits this Supplement No. 4 to, the two captioned applications requesting issuance of two Certificate of Public Convenience and Necessity authorizing CSA to engage in scheduled interstate and foreign air transportation. The purpose of this Supplement No. 4 is to submit updated financial fitness information at the request of the Department's Fitness Division. That information is contained in the Exhibits attached to this Supplement.

Counsel: Zuckert Scoutt, Nathaniel Breed, 202 298-8660



Order 02-12-18
OST-01-11164
OST-01-11198
Issued and Served December 26, 2002 Order Scheduled Interstate Air Transportation
    Service List  

Order 2002-12-18, the Department (1) confirms the oral action of December 23, 2002, making the Section 41102 interstate and foreign scheduled certificate authority issued to Caribbean Sun Airlines, Inc., effective on that same date (2) reissues to Caribbean Sun Airlines, Inc., the interstate and foreign scheduled passenger Section 41102 certificates issued to it by Orders 2002-9-18 and 2002-11-9, respectively, in the attached form to reflect their effective date, and (3) directs 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.

On December 18, 2002, CSA filed a copy of its FAA operating authority, together with a statement indicating that it had not undergone any significant change in areas affecting its fitness and noting that it had previously filed evidence of appropriate insurance.' At the same time, it requested that the Department waive the six-day waiting period and make its authority effective immediately. On December 20, 2002, CSA filed updated financial information demonstrating that it continued to have available resources sufficient to meet the Department's financial fitness requirement.

By: Randall Bennett



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

May 29, 2008

Application for a Temporary Waiver of 14 CFR 204.7

Caribbean Sun seeks a temporary waiver of the provision to the extent necessary to permit it to delay re-commencement of scheduled service until November 2008 without any revocation of authority.

Caribbean Sun conducted operations through May 31, 2007, since when, as the Department is aware, it has not conducted any aircraft operations. Most recently, as the Department was advised on March 14, 2008, the company underwent a change of ownership and the detailed §204.3 fitness data required for both change of ownership and fitness re-determination for the re-commencement of operations is in the process of being prepared and will shortly be filed. Caribbean Sun will shortly be submitting to the Department the new ownership, financial and fitness information.

Counsel: Pierre Murphy, 202-776-3980



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate


October 29, 2008

Application for a Temporary Waiver

Caribbean Sun conducted operations through May 31, 2007, since when, as the Department is aware, it has not conducted any aircraft operations, however by a letter dated July 16, 2008, the Department granted Caribbean Sun a temporary waiver from the provisions of 14 C.F.R. §204.7 through November 1, 2008.

As the Department was advised on March 14, Caribbean Sun underwent a change of ownership and the detailed §204.3 fitness data required for both this change of ownership and fitness re-determination for the recommencement of operations was in the process of being prepared for filing, but various financing problems were encountered in the past several months. However, most recently, new funding and equity participation is in the process ofbeing secured from Miami Tech Line Maintenance, Inc.. , a well-known, Miami-based FAR 145 Repair Station (FAA Repair Station Certificate # XK7R917X), and as soon as the financing and new equity participation details have been finalized, these details will be filed with the Department.

Separately, various meetings have continued to be been held with the FAA, most recently on October 28, 2008 (with Caribbean Sun's FAA PMI Andy Pacheco and the FAA PAI Lloyd Morgan), and the FAA is aware ofthe most recent changes in plans as regards financing and equity participation and the delayed time-table for re-commencement of operations, and FAA continues to be willing to work with Caribbean Sun in its recommencement of operations and B-737-300 ale certification project.

Caribbean Sun therefore requests a further waiver from the one-year dormancy revocation provision to the extent necessary to complete the DOT fitness re-determination and new ownership process as well as the FAA re-commencement of operations process which Caribbean Sun would expect to be successfully concluded by February 28, 2009.

Counsel: Pierre Murphy, 202-776-3980


July 16, 2008

Re: DOT Granting Extension

We have reviewed your request, and find good cause for allowing the carrier additional time to prepare documentation in support of its request to resume operations. Therefore, we grant Caribbean Sun a 60-day extension of our revocation for dormancy provisions, until November 1, 2008. If Caribbean Sun plans to resume certificated air carrier service, it must file with us a notice of its intent to do so at least 45 days prior to the proposed start-up date, but in no event later than September 17, 2008 (which is 45 days before the November 1, 2008, revocation date).

By: Vanessa Balgobin



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

November 10, 2008

Re: DOT Granting Extension of Time to File Documentation

This letter is in reference to your October 29, 2008, request on behalf of Caribbean Sun Airlines, Inc. for an extension of the Department's revocation for dormancy provisions of section 204.7 until February 28, 2009. In your request, you state that Caribbean Sun underwent an ownership change on March 14, 2008, and that the new owners have not been able to secure adequate financing until recently. You state that Caribbean Sun is in the process of securing new funding, and that the air carrier will file the details of the transaction after it has been finalized.

After reviewing your request, and in consultation with the Federal Aviation Administration, we find good cause for allowing Caribbean Sun additional time to submit documentation in support of a request to resume certificated operations. Therefore, we grant Caribbean Sun an extension of our revocation for dormancy provisions until February 28, 2009. Please be advised, however, that the Department is not inclined to grant Caribbean Sun any further extensions beyond the February 28, 2009, revocation date. At February 28, 2009, Caribbean Sun's new ownership will have been in place for nearly one year, which is a sufficient amount of time for the air carrier to provide the Department with the necessary information to resume certificated operations. Thus, if Caribbean Sun fails to timely submit the required fitness information, as well as demonstrate that it is making satisfactory progress in obtaining operating authority from the FAA, the Department intends to revoke Caribbean Sun's authority without further notice.

By: Vanessa Balgobin



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

January 14, 2009

Application and Notice of Intent to Resume Certificated Operations

Exhibits - Bookmarked

Caribbean Sun Airlines, Inc. hereby applies for: (1) authority to resume operations; and (2) for amendment of its Certificates of Public Convenience and Necessity to the extent necessary to authorize CSA to engage in scheduled and charter foreign air transportation utilizing large aircraft.

CSA plans to commence service in approximately June 2009 with an initial fleet of one [ILFC] leased McDonnell-Douglas MD-82 aircraft, which is configured to carry 164 passengers.

Counsel: Pierre Murphy, 202-776-3980



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

February 5, 2009

Re: DOT Request for Additional Information

Upon review of CSA's application, we found it materially deficient. Substantial amounts of additional and/or clarifying information are needed before we can complete processing of CSA's application.

I ask that you respond fully to this request within 30 days of the date of this letter.

By: Vanessa Balgobin



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

March 12, 2009

Re: DOT Granting of Extension of Time to File

On March 5, 2009, Caribbean Sun Inc, submitted a request for a 30-day extension of time to respond to the Department's request for additional information for the determination of its fitness to conduct scheduled passenger services. You indicate that CSA recently settled a matter with the Federal Aviation Administration that had a direct bearing on CSA's fitness and the air carrier's ability to promptly respond to the Department's request for information.

After reviewing the information submitted by the air carrier, we have decided to grant CSA's 30-day extension request. While it is not the Department's practice to grant lengthy extensions, we are cognizant of the extenuating circumstances that necessitated the extension request. In this case, we will allow the company until April 6, 2009, to complete its response in its entirety, to our February 6, 2009, Information Request. If CSA does not submit the requested materials to the Department within the extended time period, we intend to dismiss its application without further notice. Moreover, if CSA does not show satisfactory progress with the FAA per the requirements of the FAA Consent Order, we intend to dismiss its application without further notice.

By: Vanessa Balgobin



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

April 6, 2009

Response to Information Request in Support of Intent to Resume Certificated Operations - Bookmarked

Motion for Confidential Treatment

Respectfully submits the following responses to the Department's Information Request dated February 5, 2009, together with certain additional information supplementing its January 14, 2009 Application.

CSA has now decided to apply to add the new d/b/a "World Atlantic Airlines" rather than "World Atlantic Airways."

Counsel: Pierre Murphy, 202-776-3980



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

April 20, 2009

Re: DOT Partial Grant of Confidential Treatment

There is no question that the information for which CSA seeks confidential treatment is financial or commercial in nature and that it was obtained from a person outside the government. The remaining question is whether the information is privileged or confidential. We have reviewed the material submitted and have decided to grant confidential treatment to some, but not all, of the information for which such treatment is sought.

With respect to Exhibits 5-4, 5-5, 5-6 and 5-7, confidential treatment is denied. It is not our practice to withhold from public disclosure information relating to the applicants and any relevant corporation's current and historical financial statements. Miami Tech Maintenance Support Inc. is a relevant corporation. Moreover, since CSA is relying on Miami Tech Maintenance Support Inc.'s support, its financial statements are germane to the Department's fitness appraisal of CSA. In regard to Exhibit 5-1 and 5-2, confidential treatment is denied because we note that Exhibits 5-1 and 5-2 are also included in CSA's April 6, 2009, public response to the Department's information request dated February 5, 2009. With respect to Exhibit 5-11, confidential treatment is denied. This exhibit summarizes pertinent information from all exhibits and captures the salient points required to assist in our fitness determination. The information in Exhibit 5-11 renders Exhibits 5-3, 5-8, 5-9 and 5-10 redundant. Accordingly, we grant confidential treatment to Exhibits 5-3, 5-8, 5-9 and 5-10.

In the meantime, as is the Department's practice, further processing of your application will be deferred pending receipt of this material. In addition, once this matter is satisfactorily resolved, CSA can expect to receive a request for additional and/or clarifying information needed in connection with this case.

By: Office of Aviation Analysis, Lauralyn Remo



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

May 5, 2009

Amendment #1 to Response to Information Request in Support of Application of Notice to Resume Certificated Operations

Caribbean Sun Airlines, respectfully submits the following Exhibits in support of its April 6, 2009 Response to the Department's Information Request that were denied confidential treatment:

Exhibit 5-1: Third Party Verification of Funds from Regions Bank, March 24, 2009
Exhibit 5-2: Third Party Verification of Funds from FACE Bank, February 8, 2009
Exhibit 5-4: Miami Tech Maintenance Support Inc. Balance Sheet, December 31, 2008
Exhibit 5-5: Miami Tech Maintenance Support Inc. Profit and Loss Statement 2008
Exhibit 5-6: Miami Tech Maintenance Support Inc. Profit and Loss Statement January 1 - March 2009
Exhibit 5-7: Miami Tech Maintenance Support Inc. Balance Sheet, March 27, 2009
Exhibit 5-11: CSA's Summary Response to the Department's Information Request

Counsel: Pierre Murphy, 202-776-3980



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

May 15, 2009

Re: Information Request

We have completed our initial review of the information you filed on April 6, 2009, on behalf of Caribbean Sun Airlines, (1) for the determination of its fitness to resume certificated operations, (2) to amend its Certificate of Public Convenience and Necessity to operate large aircraft, and (3) to add the new d/b/a "World Atlantic Airlines" and "WAA". We have determined that we will need additional and/or clarifying information before we may complete our review. The attached Information Request lists the areas where further information and/or clarification is necessary. I ask that you respond fully to this request within 14 days of the date of this letter.

The first year operating cost forecast submitted as Exhibit 15 does not include a full 12 months of normalized operations and, it appears to not include expenses normally associated with air carrier operations, such as hanger or tie down expenses, landing fees, or terminal and gate expenses. Moreover, CSA has provided no expenses related to charter operations. Accordingly, please provide a revised first year operating forecast which distinguishes the operating expenses that will be incurred in CSA's charter operations and those which will be incurred in its scheduled operations. In addition, these forecasts should include the appropriate footnotes and supporting material to allow us to replicate the mathematics and assumptions used by the applicant.

Tab 3 of CSA's application details a stock purchase agreement of February 10, 2009, between Merengue Airlines Dominicana and Tomas Romero. The agreement makes reference to specific Schedules, including "Closing Balance Sheet," "Excluded Assets," and "Excluded Liabilities" that were not included in Tab 3. Please provide all supporting documentation and Schedules referenced in the stock purchase agreement included in Tab 3.

By: Lauralyn Remo



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

June 4, 2009

Response to Information Request - 21MB

  1. Preapplication Statement of Intent
  2. FAA Air Transport Pilot Certificate Numbers
  3. Reaccomodation Clarification
  4. Description of Charter Services
  5. Financial Statement Preparation Identification
  6. Supporting Documentation and Schedules in Stock Purchase Agreement
  7. Updated Lines of Credit Verification
  8. Third-Party Verification

It is CSA's intention to conduct once-weekly MD-80 MIA-PUJ scheduled passenger service. Since Punta Cana is an exclusively leisure destination, with negligible business or VFR traffic, all of the passengers to be transported would be on 7-night trips to Punta Cana resorts so on a once-weekly service there would be no flight cancellations. In mechanical/AOG situations, CSA would, like every other airline either delay a flight, or alternatively arrange for sub-service or seats on another airline. CSA has already had preliminary discussions with major Southern Florida PUJ wholesalers, including Travelspan and MK Travel, and CSA believes its PUJ service would be well received in this tour operator-driven market.

Counsel: Pierre Murphy, 202-776-3980



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

June 22, 2009

Re: DOT Request for Additional Information

  1. Citizenship Information
  2. Operating Forecast
  3. Pre-Operating Forecast
  4. Third-Party Verification of Cash Deposits
  5. Updated Passenger Manifest Information Plan
  6. Updated Accident Plan

By: Lauralyn Remo



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate


July 6, 2009

Re: Additional Information Response

  1. Resumes and Compliance
  2. 12-months Operating Cost Forecast
  3. Pre-Operating Expenses
  4. Third-Party Verification of Cash Deposits
  5. Passenger Manifest Information
  6. Accident Plan

Counsel: Pierre Murphy, 202-776-3980


July 6, 2009

Re: Additional Information Response - Erratum

Caribbean Sun Airlines respectfully submits the following replacement cover sheet correcting a clerical error in the address listed on the Response to Information request submitted earlier today.

Counsel: Pierre Murphy, 202-776-3980



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

July 9, 2009

Amended Response to Information Request

By this Amendment, CSA hereby (1) amends its responses to the Department's Information Request #3; and (2) submits (i) a Revised Statement of Pre-Operating Expenses incurred for the 6-month period ending June 30, 2009; and (ii) a revised Statement of Projected Pre-Operating Expenses for the remaining Pre-Operating period of July 1 August 15, 2009.

Counsel: Pierre Murphy, 202-776-3980



Order 2009-10-12
OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

Issued and Served October 22, 2009

Order Revoking Certificate Authority

By this order, we revoke the certificate authority issued to Caribbean Sun Airlines, Inc. authorizing it to engage in interstate scheduled air transportation of persons, property and mail.

On January 14, 2009, CSA filed an application in Dockets OST-2001-11164 and OST-2001-11198 requesting an amendment to its certificate of public convenience and necessity to engage in foreign scheduled air transport and also requested that it be given authority to operate one large aircraft. In its application, CSA did not request or provide a plan to operate interstate scheduled service. Therefore, we revoke the interstate scheduled certificate authority issued to CSA by Order 2002-12-18 for reason of dormancy. This action is without prejudice to the company filing for new scheduled interstate certificate authority at any time in the future.

By: Todd Homan



Order 2009-12-8
OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

Issued and Served December 15, 2009

Order to Show Cause - Proposing to Amend and Reissue Certificate Authority

By this order, we tentatively find that Caribbean Sun Airlines, Inc., is fit, willing, and able to (1) resume foreign scheduled air transportation of persons, property, and mail, (2) operate one large aircraft, and (3) be issued an amended certificate of public convenience and necessity authorizing such operations, subject to conditions. In addition, we register the trade names “World Atlantic Airlines” and “WAA” for use in certain of CSA’s operations.

CSA has requested certificate authority to provide foreign scheduled service between Miami, Florida, and Punta Cana, Dominican Republic, once a week, operating one large aircraft. The applicant plans to begin this service with one McDonnell Douglas MD-83 aircraft. CSA also intends to operate charter flights from the U.S. to Cuba, sports charters, and U.S. Government ICE contracts.

By: Susan Kirkland



Order 2010-3-7
OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

Issued and Served March 8, 2010

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. 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. No objections to the show cause order were received.

By: Susan Kurland



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

June 14, 2010

Amendment #1

Caribbean Sun Airlines, Inc. respectfully submits the Resume and Compliance Questionnaire for CSA's new Chief Pilot, Tom Van Halm. Capt. Van Halm is known to the Department since, until recently, he was Chief Pilot at Falcon Air Express as indicated in the Resume.

Counsel: Pierre Murphy, 202-776-3980



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

July 9, 2010

Amendment #2 to Information Request

Respectfully submits the Resumes and Compliance Questionnaires for CSA's new Director of Maintenance, Ray Bradley, and Director of Quality, Glenn DeLaney. July 9,

Counsel: Pierre Murphy, 202-776-3980



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

July 20, 2010

Response and Up-Dated Information to Final Order 2010-3-7

Since FAA certification is now entering its final stages, CSA shall be submitting the FAA AOC and Insurance Form OST 6410 when those are issued. However, CSA is now providing herein the required: (1) statement of any changes; and (2) updated financial and funding information.

Counsel: Pierre Murphy, 202-776-3980



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

September 20, 2010

Re: Additional Information Response

  1. FAA Certificate
  2. Proof of Insurance

Counsel: Pierre Murphy, 202-776-3980



OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

September 22, 2010

Response and Updated Information

  1. Lines of Credit Verification
  2. Updated Pre-Operating Expenses Incurred and Remaining Projected Pre-Operating Expenses

Counsel: Pierre Murphy, 202-776-3980



Order 2010-9-34
OST-2001-11164 - Scheduled and Charter Foreign Certificate
OST-2001-11198 - Scheduled Interstate Certificate

Issued and Served September 30, 2010

Order Confirming Oral Action and Issuing Effective Certificate

By this order, we (1) confirm our oral action of September 24, 2010, making the authority of Caribbean Sun Airlines, Inc. to operate one large aircraft 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.

By: Todd Homan


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