BEFORE THE**.~** :; U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON DC ·**-,:~· ~,·-·.t** **.~~--~ ~---** **~--** !**~**.. ' • • ' _i '-

- -- ' ._:_ "J i**~- :,~:**  -; '-l Application of ISLANDERENTERPRISES SAMOALTD. d/b/a SAMOAAIR ) ) ) ) ) ) ) ) ) Docket: DOT-OST-2012- 

### o,C\q

for an emergencyexemptionpursuant to 49 U.S.C. §40109(g) (Pago Pago-Manu'a Islands)

APPLICATION OF ISLANDERENTERPRISES SAMOALTD. D/B/A SAMOAAIR FORAN EMERGENCYEXEMPTION Communications withrespect to this documentmaybe servedupon: Christopher S. Langton ChiefExecutive Officer and Managing Director ISLANDERENTERPRISES SAMOA LTD. D/B/A SAMOAAIR APB Complex, MatafagateleRoad ApiaPark, Box 2894, Samoa

Dated: November 20, 2012 RobertP. Silverberg, Esq. L. JeffreyJohnson, 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 SAMOAAIR

Notice: Any person may support or oppose this application by filing an answer with the Department and serving a copy ofthe answer on the above-named counsel for SamoaAir 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 ISLANDERENTERPRISES SAMOA LTD. d/b/a SAMOA AIR for an emergency exemptionpursuant to 49 U.S.C. §40109(g) (Pago Pago-Manu'aIslands) ) ) ) ) ) ) ) ) ) Docket: DOT-OST-2012-

APPLICATION OF ISLANDERENTERPRISES SAMOALTD. D/B/A SAMOAAIR FORAN 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 ofPractice (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 ofbusiness are located approximately 60 miles west ofthe Manu'a Islands on Tutuilawhere Pago Pago is located.Application ofIslanderEnterprises Samoa Ltd. d/b/a SamoaAir 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 exemptionto provide cabotage operationsbetween Pago Pago and Ofu Airport and FitiutaAirport will ensure that the physicians and clinical staffofthe 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, SamoaAir's request for an exemptionto provide such services is in the public interest and shouldbegranted. In further support ofthis application, SamoaAir 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 ofSamoa 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 ofits 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 ofthe Independent State ofSamoa. Samoa Air has been licensed since June 2012 by the Ministry of Works, Transport and Infrastructure ofthe Government ofSamoa; the Air Service License, Air Operator Certificate and Operations Specifications issued to Samoa Air are contained in ExhibitApplication oflslanderEnterprises SamoaLtd. d/b/a SamoaAir November20, 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 ofWarks, Transport and Infrastructure ofthe 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 BrittenNorman BN2A-27A aircraft (registration 5W-CSJ) and one Cessna 172 P aircraft (registration 5W-RJO). Each ofthe Britten Norman aircraft has 9 passenger seats and the Cessna aircrafthas 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 ofAmerican Samoa. The physicians and clinical staff ofthe Manu'a Health System and the rural access hospital in the Manu'a Islands have been greatlyhindered in their abilityto provide vital medical services to the residents ofthe Manu'a Islands due to the lack ofadequate air transportation services betweenApplication oflslanderEnterprises SamoaLtd. d/b/a SamoaAir November20,2012 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 ofup 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 ofair 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 andbetweentheislands 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 operatedby Samoa Air to ensure that patients, medical staffand 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 ofSamoa Air's request for an exemption to provide cabotage operationsbetween Pago Pago and Ofu Airport and FitiutaAirport on Ta'uwill enable the Manu'a Health System to utilize the services of Samoa Air to enhance the medical

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

2 When Samoa Air is approached to conduct a flight between Pago Pago and Fitiuta Airport, SamoaAir will contact Inter Island Air and give it the option ofconducting the flight provided it can do so within areasonable period oftime in consideration oftheurgent nature oftherequired transportation.Application ofIslander Enterprises Samoa Ltd. d/b/a SamoaAir 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 Departmentmust find that (i) the authorityis required in the public interest, (ii) because ofan emergency created by unusual circumstances not arising in the nonnal course ofbusiness 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 ofthe relevant criteria under 49 U.S.C. §40109(g) for the grant ofan 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 ofAmerican Samoa and the Manu'a Health System. Attached hereto as Exhibit 1 are letters from the Governor ofAmerican Samoa and the ChiefMedical Officer ofthe 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 offeredbythe one U.S. commuter air carrierthatprovides servicebetween Pago Pago and Fitiuta Airport on Ta'u have notbeen provided on a regular and dependable basis. The lack ofadequate 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 ofinter-islandtransportation. Accordingly, this request for reliefpursuant to§ 40109(g)Application ofIslanderEnterprises SamoaLtd. d/b/a SamoaAir November 20, 2012 Page 6 is warranted and shouldbe granted for the entire thirtydayperiodpem1ittedunderthe statute.3 8. Theverificationrequiredby 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 ofTransportation grant this request for an emergency exemption permitting SamoaAirto transportpersons, property and mail between Pago Pago, American Samoa and the Manu'a Islands, American Samoa, for an initial period of30 days, and to grant such other relief

as the Departmentmaydeem necessary and appropriate.

Dated: November 20, 2012 Respectfully submitted, SILVERBERG, GOLDMAN &BIKOFF, L.L.P. Attorneys for ISLANDERENTERPRISES SAMOA LTD. d/b/a SAMOA AIR 

# By2 ./_-r 

# If

# £0A• Robert P. Silverberg 

# =--7 L. JeffreyJohnson

3 Depending on medical and other needs, Samoa Air may require the right to conduct cabotage operations beyond the maximum period permitted pursuant to § 40109(g) in which case Samoa Air will so advise the Department and request the authority be renewed pursuant to 

### § 40109(g)(3).Exhibit 1TOGIOLA T.A. TUlLAFONO Telephone: (6841) 633-4116 Fal:: (684) 633-2269 Govemor FAOAA. SVNIA 

### OFFICE OFTHE GOVERNOR American Samoa LieutemmtGovernor November 14111

, 2012

The HonorableRay LaHood Secretary ofTransportation U.S. DepartmentofTransportation 1200NewJersey Avenue, SE Washington, D.C. 20590 Rc: Application ofIslanderEnterprises Samoa Ltd d/b/aSamoa Airfor EmergencyExemption Dear Secretary LaHood: Serial: 749

I am writing this letter in support ofthe 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 ofAmerican Samoa. Grant of Samoa Air's request is necessary to fulfill a critical need for air transportation services between Pago Pago and the Manu'aIslands to provide proper medical careto theresidents ofthe Manu'a Islands. I understand that Samoa Air is also applying to the Department ofTransportation for exemption authority and a foreign air carrierpermit to conduct operations between**tlv~** Independent State of Samoaand American Samoa. I also supportthis application by SamoaAir as itwill enhancethe travel and shippingoptionsbetweenourtwo countries. American Samoa is an unincorporated te1ritory ofthe 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 ofgovernment, the mainhospital, and center ofbusiness, are located approximately 60 miles west ofthe Manu'a Islands on Tutuila, which is the largest ofthe islands in American Samoa. Currently, no U.S. carrier provides air transportation services between Pago Pago International Airport, which is located onTutuila, and Ofu Airport. Furthermore, service bythe one U.S. carrier that provides service between Pago Pago International Airport and Fitiuta Airport inTa'uhasnotbeenprovided on a regutar and dependablebasis.The Honorable RayLaHood November 14th, 2012 Page 2

....

Due to the lack ofsu: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 inthe Manu'a Islands have been greatlyhindered in their ability to provide vital medical services to theresidents ofthe Manu'aIslands. Accordingly, I urge the Department ofTransportation to grant the request ofSamoa 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 illpatients can be medevaced to American Samoa's main hospital on TutuHa, as necessary. The reestablishment ofreliable airtransportation services between the Manu'aIslands and Pago Pago such as canbe provided by SamoaAir is necessary for the welfare ofthe residents ofthe Manu'a Islands.

A.P. Lutali Executive Office Building <t> Pago Pago, American Samoa96799 <t> www.mncricansamoa.govThe Honorable Ray LaHood Secretary ofTransportation U.S. Department ofTransportation 1200 New Jersey Avenue, SE Washington, D.C. 20590 November 15, 2012

Re: Application ofIslander 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 Samoato support the provision ofmedical services to the residents ofthe Manu'a Islands. Manu'a Health Systems, Inc. urges the Department to grant the Application ofIslander 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 FitiutaAirport in Ta'uand OfuAirport located in the Manu'aIslands. Grant of Samoa Air's request will enable the Manu'a Health Systems, Inc. to utilize the services ofSamoa Air to carry patients, from the Manu'a Islands to American Samoa's largest hospital on Tutuila and to transport physicians, clinical staffand 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

1American Samoa is comprised ofseven islands including three (Ofu, Olosega and Ta'u) that are collectively known as the Manu'a Islands. The headquarters ofgovernment, the main hospital, and center ofbusiness 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 ofOfu and the neighboring island ofOlosega 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 ofthe difficulties faced by the Manu'a Health System in providing vital medical services to the residents ofthe Manu'a Islands due to the lack ofsufficient 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 ofOfu. People from Ofu and Olosega islands have had to rely on charters using fishing catamarans (Alia) to travel to the island ofTa'u in order to catch flights from Ta'u to Pago Pago. The boat trip takes 1.5 to 2 hour wharf-to-wharfon a calm day, but the journey can take up to 3 to 4 hours or may notbe able to operate at all ifthe weather is bad. The trip from the wharf to the airport on Ta'uis anotherhalf-hour to an hour. Otherthan 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 ifyou started from Ta'u and 6-7 hours ifyou started from Ofu. 2. In addition, the flights operated by Inter Island Air between Fitiuta Airport on Ta'u and Pago Pago have been interruptedrecently because ofmechanical and other problems. Thus, there is a pressing need, humanitarian and otherwise, for reliable alternative air service to ensure that ourpatients, medical staffand supplies can be transported between Ta'u and Pago Pago when Inter Island Air is unable to operate onthis 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 ofpassenger 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 neededmedical care to the residents ofthe Manu'a Islands. Sincerely,**'-~;~ ~;:~---~•;;;:~-;,':'--·~,**  --• ...**ow-"'*'"'"··<>?,.,-..;;,;;~** ..**--~ ~>"'"'"P'** **',.,..~>"',.,_,_.** · f" --"**'~' ~**  w**~.:V,.r;~: ~;:;;...,.«0-_·** **#""~·,:.::_;.·.** -:-;:,_,.."'"''·;.,.;....**~,~'"W,;;;:;;::. --~-** **·~';t~"'~.;.t:f :;,;~~·;**  __......**;::~.-<>if;,.""'@>l~~**..**"'~-~tv~**

### Malo~amaua**Tuior6s~ga,** M.D. CEO/CMO, Manu'aHealth System P.O. Box4586 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 2VEIUFICATION Pursuant to title 18 United States Code section 1001, I, Christopher S. Langton, ChiefExecutive Officer and Managing Director ofIslander 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 orcovered 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 ofthe application. 1understand 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 notmore than five years, or bo . ) I I • Christo er S. Langton Chief xecutive Officer and ManagingDirector Islander Enterprises SamoaLtd. d/b/a Air

Subscribed and sworntobefore me this

# /b~ay of

# N'"'"~,...,l'\,,.,.

My commission expires:Certificate ofService I hereby certify that I have on this 20th day ofNovember 2012 served a copy of the foregoing Application of Islander Enterprises Samoa Ltd. d/b/a Samoa Air for an Emergency Exemptionby e-mail or First Class Mail uponthe 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 ofEconomic and Business Affairs U.S. Department ofState 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 ofPortAdministration P.O. Box 1539 Pago Pago, American Samoa 96799 United States