ost973043

OST-97-3043

Sunworld International Airlines, Inc. (Exemption, US-St. Maarten)

OST-97-3043 | October 23, 1997

Application for an Exemption

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Seeks exemption authority pursuant to 49 U.S.C. S 40109 to the extent necessary to permit it to engage in scheduled foreign air transportation of persons, property, and mail between a point or points in the United States, on the one hand, and St. Maarten, Netherlands Antilles, on the other hand, via intermediate points, for a period of one year. Sunworld expects to operate this service with 167 seat B-727-200 aircraft beginning on December 20, 1997.

Exhibit A: Proposed St. Maarten Flight Schedule | Service List

Counsel: Winthrop Stimson, John Gillick, 202-775-9864

Sunworld International Airlines, Inc. (Exemption, US-St. Maarten)

OST-97-3043 | November 5, 1997

Answer of Vacation Travel International

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As is evident from the above, the question of whether Sunworld continues to meet the Department's fitness criteria remains unsettled. The Department's consistent and well-founded policy has been not to expand a carrier's authority at the same time that its continuing fitness is an unresolved issue. That is precisely the circumstance presented by Sunworld's U.S.-St. Maarten exemption request.

Counsel: Boros Garofalo, Aaron Goerlich, 202-822-9070

Sunworld International Airlines, Inc. (Exmeption, US-St. Maarten)

OST-97-3043 | November 10, 1997

Reply of Sunworld International

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Recent Department precedent reaffirms that VTI's arguments do not belong in this proceeding. The Department, in a proceeding involving an application of Nation's Air for Venezuela authority, restated its longstanding position that alleged fitness arguments in connection with a contract dispute were inappropriate in a route authority proceeding

Counsel: Winthrop Stimson, romanowj@winstim.com

Sunworld International Airlines, Inc. (Notice of Action Taken - New)

OST-97-3043 | Posted December 2, 1997

Notice of Action

Scheduled foreign air transportation of persons, property, and mail between Cincinnati, Ohio, and St. Croix, U.S. Virgin Islands, on the one hand, and St. Maarten, Netherlands Antilles, on the other.

We were not prepared to withhold the requested authority based on the answer filed by Vacation Travel. Sunworld has previously been found fit to provide scheduled foreign air transportation (Order 96-8-10). The fitness issues raised by Vacation Travel are under consideration in Sunworld's certificate renewal proceeding (Dockets OST-95-666 and 95-667) and are appropriately considered there rather than in this case. Pending final Department action in those cases, the existing fitness determination remains in effect, and we found that grant of this bilaterally provided for authority was consistent with the public interest. Should the Department subsequently determine Sunworld is not fit to provide scheduled foreign air transportation, then we would, of course, proceed to revoke the exemption authority granted here.

Counsel: Josh Romanow, 202-775-9864

Sunworld International Airlines, Inc.

OST-97-3043

September 17, 1998

Application for Renewal of Exemption

Service List

Sunworld would provide scheduled foreign air transportation ofpersons, property, and mail between Cincinnati, Ohio and St. Croix, U.S. Virgin Islands on the one hand, and St. Maarten, Netherlands Antilles, on the other hand, for a period of one year.

Answers are due October 2, 1998.

Counsel: Winthrop Stimson, Johsua Romanow, 202.775.9864

Sunworld International Airlines, Inc.

OST-97-3043

Filed September 17, 1998
Approved October 19, 1998

Notice of Action

Cincinnati, OH - St. Croix, U.S. Virgin Islands and St. Maarten, Netherlands Antilles

Scheduled foreign air transportation of persons, property, and mail between Cincinnati, Ohio, and St. Croix, U.S. Virgin Islands, on the one hand, and St. Maarten, Netherlands Antilles, on the other hand.

Applicant Rep.: Joshua Romanow, 202.775.9864, and Michael Bodman, DOT, 202.366.9667

By: Paul Gretch