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Daystar Airways, Ltd.

By:  Allen Haddadi, President, Daystar, 869.469.9065

http://ww2.daystar.com/

OST-99-5062 - Certificate of Public Convenience and Necessity

December 19, 2003

Re: Fitness Determination

Although over nine months have elapsed since Daystar's cessation of operations, to date, the company has not provided any indication that it has resolved the issues that led to the revocation of its FAA certificate, or that it plans to resume operations. Therefore, unless Daystar intends to resume its certificated operations on or before March 7, 2004, we intend to revoke the carrier's authority without further notice. Of course, any such action on our part would be without prejudice to Daystar filing for a new certificate at any time thereafter. You should be aware that such waivers are not granted routinely, but only where "good cause" is shown. In showing good cause, Daystar would have to provide adequate evidence that it still meets the Department's fitness criteria and that it has completed nearly all of the steps to commence operations (e.g., has the necessary personnel, financial resources, and aircraft, and that it is well advanced in its FAA certification process). Any such waiver request would have to be filed with the Department of Transportation Dockets section (art original and 7 copies, accompanied by a $280 filing fee) and received before March 7, 2004.

By: Office of Aviation Analysis, Patricia Thomas

OST-99-5062 - Certificate - Interstate Scheduled Air Transportation

January 8, 2004

Re: Response to DOT Letter | Word

On April 04, 2003, Daystar settled with the Federal Aviation Administration (FAA) on the Emergency Order of Revocation issued on March 7, 2003 and the Order was amended to an Emergency Order of Suspension until such a time that Daystar establishes a principal base of operations. The word “revocation” in the DOT letter dated December 19, 2003 should therefore be replaced with the word “suspension” in reference to the FAA order. Daystar hereby requests a 90 days extension from January 22,2004 to April 22, 2004 to file for fitness determination with the DOT.

By: Allen Haddadi

OST-99-5062 - Certificate - Interstate Scheduled Air Transportation

January 30, 2004

Re: Request for Extension

As we stated in our letter of December 19, in order for the Department to consider granting Daystar's request for an extension, we must have clear evidence that there is "good cause" for doing so. By "good cause" we mean that Daystar would have to provide adequate evidence that it still meets the Department's fitness criteria and that it has completed nearly all of the steps to recommence operations (e. g., has the necessary personnel, financial resources, and aircraft, and that it is well advanced in its FAA recertification process).

However, based on our recent communications with the FAA, it does not appear that Daystar has made much progress toward resuming operations as a certificated air carrier. The San Juan Flight Standards District Office (FSDO) that oversees Daystar's operations states that you have not taken the compliance actions deemed necessary by the FAA to restore Daystar's operating authority. In fact, the San Juan FSDO informs us that you have not communicated with them in some time. As a result, Daystar's FAA certificate is now classified as "inactive." Moreover, you provided no information with your extension request on any steps that you have taken to enable Daystar to resume operations or that would otherwise enable us to determine that Daystar continues to be fit to hold its DOT certificate.

By: Air Carrier Fitness, Patricia Thomas

OST-99-5062 - Certificate of Public Convenience and Necessity

March 26, 2004

Re: Letter Denying Request for Extension

Daystar Airways, Ltd., d/b/a Nevis Express holds a certificate of public convenience and necessity issued by Order 2001-5-29 authorizing it to engage in scheduled foreign air transportation between the U.S., on the one hand, and the islands of St. Kitts and Nevis, on the other. As you know, the carrier's authority to operate under this certificate was suspended as of March 7, 2003, when the FAA suspended the company's FAA air carrier certificate. Under section 204.7 of our rules (14 CFR 204.7), Daystar had one year from the date of its cessation, that is, until March 7, 2004, to have its fitness redetermined and resume its certificated operations; if it did not, its authority was subject to revocation by the Department at that time.

On January 8, 2004, Daystar requested a 90-day extension of the revocation-for-dormancy date. By letter dated January 30, 2004, we deferred action on Daystar's request. In doing so, we noted that such extensions are only granted upon a showing of "good cause" and that Daystar's application contained no information establishing good cause. Specifically, Daystar had provided no information describing steps the carrier was taking to resume operations, including reactivation of its FAA authority, nor had it demonstrated that the carrier continued to be fit. Moreover, the extension request contained no other information that supported grant of the requested relief. We advised Daystar, however, that if it could provide such information prior to March 7, we would consider that additional information before reaching a final decision on Daystar's extension request and the revocation of its certificate. To date, we have received no further information from Daystar.

Under the circumstances, we conclude that Daystar has not established "good cause" for the Department to extend the carrier's certificate authority. By this letter, then, we are denying Daystar's January 8th request for an extension of its March 7 revocation-for-dormancy date. An order revoking the carrier's authority for dormancy will be issued separately.

By: Air Carrier Fitness, Patricia Thomas

Order 04-06-02
OST-99-5062 - Certificate of Public Convenience and Necessity

Issued June 1, 2004 | Served June 8, 2004

Order Revoking Foreign Certificate

By this order, we revoke for reason of dormancy the foreign scheduled air transportation certificate issued to Daystar Airways, Ltd., d/b/a Nevis Express.

By: Randall Bennett