BEFORE THE .~ :; 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON DC · -,:~· ~,·-·.t .~~--~ ~--- ~-- ! ~ .. 

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Application of 

ISLANDER ENTERPRISES SAMOA LTD. 

d/b/a SAMOA AIR 

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Docket: DOT-OST-2012- o ,C\q 

for an emergency exemption pursuant 

to 49 U.S.C. § 40109(g) 

(Pago Pago-Manu'a Islands) 

APPLICATION OF ISLANDER ENTERPRISES SAMOA LTD. D/B/A SAMOA AIR 

FOR AN EMERGENCY EXEMPTION 

Communications with respect to this document may be served upon: 

Christopher S. Langton 

Chief Executive Officer 

and Managing Director 

ISLANDER ENTERPRISES 

SAMOA LTD. D/B/A SAMOA AIR 

APB Complex, Matafagatele Road 

Apia Park, Box 2894, Samoa 

Dated: November 20, 2012 

Robert P. Silverberg, Esq. 

L. Jeffrey Johnson, Esq. 

SILVERBERG, GOLDMAN & 

BIKOFF, L.L.P. 

1101 30th Street, N.W. 

Suite 120 

Washington, D.C. 20007 

Tel: (202) 944-3300 

Fax: (202) 944-3306 

E-mail: rsilverberg@sgbdc.com 

jjohnson@sgbdc.com 

Attorneys for 

ISLANDER ENTERPRISES SAMOA LTD. 

d/b/a SAMOA AIR 

Notice: Any person may support or oppose this application by filing an answer with the 

Department and serving a copy of the answer on the above-named counsel for Samoa Air and all 

persons named on the attached Certificate of Service. Answers to the application are due by 

December 5, 2012. 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

ISLANDER ENTERPRISES SAMOA LTD. 

d/b/a SAMOA AIR 

for an emergency exemption pursuant 

to 49 U.S.C. § 40109(g) 

(Pago Pago-Manu'a Islands) 

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Docket: DOT-OST-2012-

APPLICATION OF ISLANDER ENTERPRISES SAMOA LTD. D/B/A SAMOA AIR 

FOR AN EMERGENCY EXEMPTION 

Islander Enterprises Samoa Ltd. d/b/a Samoa Air ("Samoa Air") hereby applies for an 

emergency exemption pursuant to 49 U.S.C. §§ 40109(g) and 41703(c) and Subpart C of the 

Department's Rules of Practice (14 C.F.R. § 302.301 et. seq.) permitting Samoa Air to transport 

persons, property and mail between Pago Pago International Airport, American Samoa, and the 

regional airports Fitiuta Airport in Ta'u and Ofu Airport located in the Manu'a Islands of 

American Samoa. Samoa Air requests that this authority be granted for an initial period of 30 

days. 

Grant of Samoa Air's request for an emergency exemption to conduct cabotage 

operations is primarily made necessary to meet a critical need for air transportation services 

between Pago Pago and the Manu'a Islands to provide proper medical care for the residents of 

the Manu'a Islands. 1 For approximately three years no U.S. air carrier has provided air 

transportation services between Pago Pago and Ofu Airport. In addition, there is a pressing need 

1 American Samoa is comprised of seven islands including three (Ofu, Olosega and Ta'u) that 

are collectively known as the Manu'a Islands. The headquarters of government, the main 

hospital and center of business are located approximately 60 miles west ofthe Manu' a Islands on 

Tutuila where Pago Pago is located. 
Application of Islander Enterprises Samoa Ltd. d/b/a Samoa Air 

November 20,2012 

Page2 

to supplement the current but highly irregular flights offered by Inter Island Air, a U.S. 

commuter air carrier, between Pago Pago and Fitiuta Airport on Ta'u. Grant of Samoa Air's 

request for an exemption to provide cabotage operations between Pago Pago and Ofu Airport and 

Fitiuta Airport will ensure that the physicians and clinical staff of the Manu' a Health System and 

the rural access hospital in the Manu' a Islands have access to reliable air transportation services 

that are necessary to provide vital medical services to the islands' residents. Such services will 

also ensure that others seeking air transportation between Pago Pago and the Manu'a Islands 

have a means to do so rather than being required to go by slower surface transportation. 

Therefore, Samoa Air's request for an exemption to provide such services is in the public interest 

and should be granted. 

In further support of this application, Samoa Air states as follows: 

1. In addition to the emergency cabotage operations between Pago Pago and the 

Manu'a Islands proposed herein, Samoa Air is currently applying to the Department for initial 

exemption authority and a foreign air carrier permit authorizing it to engage in, inter alia, 

scheduled and charter foreign air transportation of persons, prope1iy and mail between the 

Independent State of Samoa and American Samoa. To the extent not otherwise provided herein, 

Samoa Air hereby incorporates by reference the information and documents submitted to the 

Department in support of its application for initial exemption authority and a foreign air carrier 

permit. 

2. Samoa Air is a Samoan air carrier organized and existing under the laws of the 

Independent State of Samoa. Samoa Air has been licensed since June 2012 by the Ministry of 

Works, Transport and Infrastructure of the Government of Samoa; the Air Service License, Air 

Operator Certificate and Operations Specifications issued to Samoa Air are contained in Exhibit 
Application oflslander Enterprises Samoa Ltd. d/b/a Samoa Air 

November 20, 2012 

Page3 

J_ to Samoa Air's application for an exemption and a foreign air carrier permit. Samoa Air 

currently operates scheduled and charter flights within the Independent State of Samoa and to 

certain surrounding islands. 

3. Samoa Air is regulated with respect to safety and economic matters by the Civil 

Aviation Division of the Ministry of Works, Transport and Infrastructure, Government of 

Samoa. Samoa Air's aircraft are maintained by the company under a maintenance program that 

complies with ICAO Pilots and Airmen Annexes 1, 6 (Part 1) and 7. The Independent State of 

Samoa is a contracting State to the Convention on International Civil Aviation. Technical 

surveillance, assessment and safety auditing are conducted by the New Zealand Civil Aviation 

Authority under an agreement with the Ministry of W arks, Transport and Infrastructure of the 

Government of Samoa. The Independent State of Samoa is a Category 1 country under the 

FAA's International Aviation Safety Assessment Program (IASA). 

4. Samoa Air's current fleet, which it intends to use for the proposed American 

Samoa cabotage operations, consists of one Britten Norman BN2A-26A aircraft (registration 

5W-JUN), one Britten Norman BN2A-27A aircraft (registration 5W-CSJ) and one Cessna 172 P 

aircraft (registration 5W-RJO). Each of the Britten Norman aircraft has 9 passenger seats and 

the Cessna aircraft has 3 passenger seats. 

5. As noted above, Samoa Air proposes to operate passenger and cargo charter 

flights between Pago Pago International Airport, American Samoa, and the regional airports 

Fitiuta Airport in Ta'u and Ofu Airport located in the Manu' a Islands of American Samoa. The 

physicians and clinical staff of the Manu' a Health System and the rural access hospital in the 

Manu' a Islands have been greatly hindered in their ability to provide vital medical services to the 

residents of the Manu' a Islands due to the lack of adequate air transportation services between 
Application oflslander Enterprises Samoa Ltd. d/b/a Samoa Air 

November 20,2012 

Page4 

Pago Pago and the Manu'a Islands. As noted above, no U.S. air carrier currently provides 

passenger or cargo air transportation between Pago Pago and Ofu Airport. The lack of such 

service results in lengthy travel times of up to ten hours to transport patients, some critically ill, 

from Ofu and the neighboring island of Olosega to American Samoa's main hospital in Pago 

Pago. Likewise, the absence of air transportation service between Pago Pago and Ofu results in 

long delays in transporting by surface means physicians, clinical staff and medical supplies to 

Ofu and Olosega to care for the islands' residents. Others desiring air transportation for other 

than medical care are also frustrated by the unavailability of air service which is essential in 

moving among and between the islands that comprise American Samoa. 

In addition, Inter Island Air is the sole U.S. carrier offering flights between Pago Pago 

and Ta'u but these Inter Island Air flights have been operated only on a highly irregular basis 

recently due to mechanical and other probiems. When Inter Island Air's service is unavailable, it 

can take up to 24 hours to transport a patient by surface means from Ta'u to Pago Pago. Thus, 

there is an urgent need, humanitarian and otherwise, to supplement Inter Island Air's service 

with reliable, alternative flights operated by Samoa Air to ensure that patients, medical staff and 

supplies can be transported between Pago Pago and Ta'u when Inter Island Air is unable or 

unavailable to operate on this route.2 In short, grant of Samoa Air's request for an exemption to 

provide cabotage operations between Pago Pago and Ofu Airport and Fitiuta Airport on Ta'u will 

enable the Manu'a Health System to utilize the services of Samoa Air to enhance the medical 

care it provides to the residents of the Manu' a Islands. 

2 When Samoa Air is approached to conduct a flight between Pago Pago and Fitiuta Airport, 

Samoa Air will contact Inter Island Air and give it the option of conducting the flight provided it 

can do so within a reasonable period of time in consideration of the urgent nature of the required 

transportation. 
Application of Islander Enterprises Samoa Ltd. d/b/a Samoa Air 

November 20,2012 

Page 5 

6. Under 49 U.S.C. § 40109(g), the Department may authorize a foreign air carrier 

to transport commercial traffic between U.S. points under limited circumstances. Specifically, 

the Department must find that (i) the authority is required in the public interest, (ii) because of an 

emergency created by unusual circumstances not arising in the nonnal course of business the 

traffic cannot be accommodated by U.S. carriers holding certificates under 49 U.S.C. § 41102, 

(iii) all possible efforts have been made to accommodate the traffic on U.S. certificated air 

carriers, and (iv) the exemption is necessary to avoid unreasonable hardship for the traffic. 

Samoa Air's request is required in the public interest and meets all of the relevant criteria under 

49 U.S.C. § 40109(g) for the grant of an exemption. 

7. Samoa Air's request for an emergency exemption to operate cabotage flights 

between Pago Pago and the Manu'a Islands is supported fully by the Government of American 

Samoa and the Manu'a Health System. Attached hereto as Exhibit 1 are letters from the 

Governor of American Samoa and the Chief Medical Officer of the Manu' a Health System to 

Secretary LaHood urging the Department to approve this request. Further, there is no U.S. 

certificated air carrier presently providing service between Pago Pago and Ofu, and the flights 

offered by the one U.S. commuter air carrier that provides service between Pago Pago and Fitiuta 

Airport on Ta'u have not been provided on a regular and dependable basis. The lack of adequate 

air service between Pago Pago and the Manu'a Islands has imposed a considerable hardship on 

those living in the island nation requiring medical treatment and otherwise requiring dependable 

means of inter-island transportation. Accordingly, this request for relief pursuant to§ 40109(g) 
Application of Islander Enterprises Samoa Ltd. d/b/a Samoa Air 

November 20, 2012 

Page 6 

is warranted and should be granted for the entire thirty day period pem1itted under the statute. 3 

8. The verification required by 14 C.F.R. § 302.303(c)(ii) is included as Exhibit 2. 

WHEREFORE, Islander Enterprises Samoa Ltd. d/b/a Samoa Air respectfully requests 

that the Department of Transportation grant this request for an emergency exemption permitting 

Samoa Air to transport persons, property and mail between Pago Pago, American Samoa and the 

Manu'a Islands, American Samoa, for an initial period of 30 days, and to grant such other relief 

as the Department may deem necessary and appropriate. 

Dated: November 20, 2012 

Respectfully submitted, 

SILVERBERG, GOLDMAN &BIKOFF, L.L.P. 

Attorneys for 

ISLANDER ENTERPRISES SAMOA LTD. 

d/b/a SAMOA AIR By2 ./_-r If £0A • 

Robert P. Silverberg =--7 

L. Jeffrey Johnson 

3 Depending on medical and other needs, Samoa Air may require the right to conduct cabotage 

operations beyond the maximum period permitted pursuant to § 401 09(g) in which case Samoa 

Air will so advise the Department and request the authority be renewed pursuant to § 

40109(g)(3). 
Exhibit 1 
TOGIOLA T.A. TUlLAFONO Telephone: (6841) 633-4116 

Govemor Fal:: (684) 633-2269 

FAOA A. SVNIA OFFICE OF THE GOVERNOR 

American Samoa 

Lieutemmt Governor 

November 14111, 2012 

The Honorable Ray LaHood 

Secretary of Transportation 

U.S. Department ofTransportation 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

Rc: Application of Islander Enterprises Samoa Ltd d/b/a Samoa Air for 

Emergency Exemption 

Dear Secretary LaHood: 

Serial: 749 

I am writing this letter in support of the Application of Islander Enterprises Samoa Ud d/b/a 

Samoa Air ("Samoa Air") for an Emergency Exemption to conduct cabotage operations in 

American Samoa between Pago Pago International Airport and the regional airports Fitiuta 

Airport in Ta'u and Ofu Airport located in the Manu'a Islands of American Samoa. Grant of 

Samoa Air's request is necessary to fulfill a critical need for air transportation services between 

Pago Pago and the Manu'a Islands to provide proper medical care to the residents of the Manu' a 

Islands. 

I understand that Samoa Air is also applying to the Department of Transportation for exemption 

authority and a foreign air carrier permit to conduct operations between tlv~ Independent State of 

Samoa and American Samoa. I also support this application by Samoa Air as it will enhance the 

travel and shipping options between our two countries. 

American Samoa is an unincorporated te1ritory of the United States located approximately 2,500 

miles south-southwest of Hawaii. American Samoa is comprised of seven islands including 

three (Ofu, Olosega and Ta'u) that are collectively known as the Manu'a Islands. The 

headquarters of government, the main hospital, and center of business, are located approximately 

60 miles west of the Manu' a Islands on Tutuila, which is the largest of the islands in American 

Samoa. Currently, no U.S. carrier provides air transportation services between Pago Pago 

International Airport, which is located on Tutuila, and Ofu Airport. Furthermore, service by the 

one U.S. carrier that provides service between Pago Pago International Airport and Fitiuta 

Airport in Ta'u has not been provided on a regutar and dependable basis. 
The Honorable Ray LaHood 

November 14th, 2012 

Page 2 .... 

Due to the lack of su:fflcient commercial air transportation between Pago Pago and the Manu' a 

Islands, the physicians and clinical staff of the Manu'a Health System and the rural access 

hospital in the Manu' a Islands have been greatly hindered in their ability to provide vital medical 

services to the residents of the Manu'a Islands. 

Accordingly, I urge the Department of Transportation to grant the request of Samoa Air for an 

emergency exemption to provide cabotage air transportation services between Pago Pago 

International Airport and Fitiuta Airport and Ofu Airport so that mgent!y needed medical 

personnel and supplies can be transported by air to the Manu' a Islands and c.ritically ill patients 

can be medevaced to American Samoa's main hospital on TutuHa, as necessary. The 

reestablishment of reliable air transportation services between the Manu'a Islands and Pago Pago 

such as can be provided by Samoa Air is necessary for the welfare of the residents of the Manu'a 

Islands. 

A.P. Lutali Executive Office Building <t> Pago Pago, American Samoa 96799 <t> www.mncricansamoa.gov 
The Honorable Ray LaHood 

Secretary of Transportation 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

November 15, 2012 

Re: Application of Islander Enterprises Samoa Ltd d/b/a Samoa Air 

for Emergency Exemption 

Dear Secretary LaHood: 

I am writing this letter to provide the Department of Transportation with 

information regarding the urgent need for air transportation services between Pago Pago 

International Airport and the Manu' a Islands in American Samoa to support the provision 

of medical services to the residents ofthe Manu'a Islands. Manu'a Health Systems, Inc. 

urges the Department to grant the Application of Islander Enterprises Samoa Ltd d/b/a 

Samoa Air ("Samoa Air") for an Emergency Exemption to conduct cabotage operations 

in American Samoa between Pago Pago International Airport and the regional airports 

Fitiuta Airport in Ta'u and Ofu Airport located in the Manu'a Islands. 

Grant of Samoa Air's request will enable the Manu'a Health Systems, Inc. to 

utilize the services of Samoa Air to carry patients, from the Manu' a Islands to American 

Samoa's largest hospital on Tutuila and to transport physicians, clinical staff and medical 

supplies to the Manu'a Islands to provide vital medical care for the islands' residents. 1 

No U.S. carrier provides air transportation between Pago Pago and Ofu. Thus, our 

1 American Samoa is comprised of seven islands including three (Ofu, Olosega and Ta'u) 

that are collectively known as the Manu'a Islands. The headquarters of government, the 

main hospital, and center of business are located approximately 86 miles west of the 

Manu'a Islands on Tutuila, which is the largest of the islands comprising American 

Samoa. 
The Honorable Ray LaHood 

November 15, 2012 

Page2 

organization has been greatly hindered in our ability to provide medical care to the 

residents of Ofu and the neighboring island of Olosega due to the lengthy travel time to 

and from Tutuila. In addition, there is a need to supplement the current but highly 

irregular flights offered by Inter Island Air between Pago Pago and Fitiuta Airport on 

Ta'u so there is alternative air transportation services available when Inter Island Air is 

unable to operate on this route. 

I provide the following description of the difficulties faced by the Manu'a Health 

System in providing vital medical services to the residents of the Manu'a Islands due to 

the lack of sufficient air transportation to and from Pago Pago International Airport: 

1. Since December 2009 there has been no air service between Pago Pago and 

the island of Ofu. People from Ofu and Olosega islands have had to rely on 

charters using fishing catamarans (Alia) to travel to the island of Ta'u in order 

to catch flights from Ta'u to Pago Pago. The boat trip takes 1.5 to 2 hour 

wharf-to-wharf on a calm day, but the journey can take up to 3 to 4 hours or 

may not be able to operate at all if the weather is bad. The trip from the wharf 

to the airport on Ta'u is another half-hour to an hour. Other than this route, the 

government cargo ferry maintains a regular schedule every other week. That 

route takes about 6-7 hours once it sails from Ofu back to the main island of 

Tutuila. Passengers from Ta'u have to spend the night in Ofu, on the boat, 

awaiting its sailing next morning. Meaning it's a 24-hour if you started from 

Ta'u and 6-7 hours if you started from Ofu. 

2. In addition, the flights operated by Inter Island Air between Fitiuta Airport on 

Ta'u and Pago Pago have been interrupted recently because of mechanical and 

other problems. Thus, there is a pressing need, humanitarian and otherwise, 

for reliable alternative air service to ensure that our patients, medical staff and 

supplies can be transported between Ta'u and Pago Pago when Inter Island 

Air is unable to operate on this route. 

3. Without air service we are not able to transport passengers and needed cargo 

between Pago Pago and the Manu' a Islands, specifically passengers consisting 

of primarily: women, children, elderly and working adults, government and 

private workers including their cargo. The critical cargo include: medicines, 

medical supplies, food and school supplies. 

4. The volume of passenger traffic that is being disrupted by the cessation of 

Inter Island's service is over 1,500 people. As noted, there is no U.S. air 

carrier that flies to Ofu Airport anymore. The people of Ofu and Olosega 

have no air services -period. In addition, there is a need for an alternative to 

the service between Pago Pago and Tu'a offered by Inter Island Air so that 

patients, medical staff and supplies can be transported when Inter Island is 

unable to operate. 
The Honorable Ray LaHood 

November 15, 2012 

Page 3 

Accordingly, I urge the Department of Transportation to grant the request of 

Samoa Air for an emergency exemption to provide cabotage air transportation services 

between Pago Pago International Airport and Fitiuta Airport and Ofu Airport so that the 

Manu'a Health System can utilize Samoa Air's services to enable our organization to 

provide urgently needed medical care to the residents of the Manu' a Islands. 

Sincerely, 

'-~;~ ~ w ~.:V,.r;~: ~;:~---~•;;;:~-;,':'--·~, ~;:;;...,.«0-_· #""~·,:.::_;.·. -:-;:,_,.."'"''·;.,.;.... --• ... ow-"'*'"'"··<>?,.,-..;;,;;~ ~,~'"W,;;;:;;::. .. --~- --~ ·~';t~"'~.;.t:f ~>"'"'"P' :;,;~~·; __ ...... ;::~.-<>if;,.""'@>l~~ ',.,..~>"',.,_,_. · f" .. "'~-~tv~ --" '~' 

Malo~amaua Tuior6s~ga, M.D. 

CEO/CMO, Manu'a Health System 

P.O. Box 4586 

Pago Pago, American Samoa 96799 

Office: 684-699-3087 

Cellular: 684-770-9264 

Email: .QrJpjolQ§~g?c@ma.Q_I!<!_h_ealth,co.Ql 
Exhibit 2 
VEIUFICATION 

Pursuant to title 18 United States Code section 1001, I, Christopher S. Langton, 

Chief Executive Officer and Managing Director of Islander Enterprises Samoa Ltd. d/b/a 

Samoa Air, in my individual capacity and as the authorized representative of the 

applicant, have not in any manner knowingly and willfully falsified, concealed or covered 

up any material fact or made any false, fictitious, or fraudulent statement or knowingly 

used any documents which contain such statements in connection with the preparation, 

filing or prosecution of the application. 1 understand that an individual who is found to 

have violated the provisions of 18 U.S.C. sectionQ l, shall be fined not more than 

$10,000 or imprisoned not more than five years, or bo . ) 

I 

I • 

Christo er S. Langton 

Chief xecutive Officer 

and Managing Director 

Islander Enterprises Samoa Ltd. 

d/b/a Air 

Subscribed and sworn to before me this /b~ay of N'"'"~,...,l'\,,.,. 

My commission expires: 
Certificate of Service 

I hereby certify that I have on this 20th day of November 2012 served a copy of 

the foregoing Application of Islander Enterprises Samoa Ltd. d/b/a Samoa Air for an 

Emergency Exemption by e-mail or First Class Mail upon the following persons: 

Inter Island Airways, Inc. 

Pago Pago International Airport 

4929 Airport Road, Hanger 2 

P.O. Box 4929 

Pago Pago, American Samoa 96799 

United States 

Krishna R. Urs 

Deputy Assistant Secretary for 

Transportation Affairs 

Bureau of Economic and Business Affairs 

U.S. Department of State 

Room 3425 

Washington, D.C. 20520-5820 

urskr@state. gov 

Hardie H. DeGuzman, Manager 

Los Angeles International Field Office 

Federal Aviation Administration 

P.O. Box 92007 

Los Angeles, CA 90009 

Hardie.H.DeGuzman@faa.gov 

Matagi R.M. McMoore 

Department of Port Administration 

P.O. Box 1539 

Pago Pago, American Samoa 96799 

United States