UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on June 17, 20 10



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OS T

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- 21868

_____________________________________________________________________________________________________________________________ ___ This serves as notice to the public of the action described below, taken by the Department official indicated (no

additional confirming order will be issued in this matter).

Applicant : 

### Air Pacific Limited Date Filed: May 27, 2010

Relief requested: Renew e xemption from 49 U.S.C. § 41301 to engage in scheduled air transportation of persons,

property a nd mail between Nadi, Fiji

, and Honolulu , Hawaii via Christmas Island, Kiribati

Date and c itation of last action: June 10, 2009, in this docket

Applicant representative s : Evelyn D. Sahr & Shelly A. Hession (202) 659

- 6600

DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date: June 17, 20 10

Effective dates of exemption authority granted: June 17, 20 10

– June 17, 20 1 1

Basis for approval (bilateral agreement/reciprocity): Reciprocity

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations indicated:

X Standard exemption conditions (attached) X Foreign air carrier permit (Order 81

- 4

- 93 )

Special conditions/Partial grant/Denial basis/Remarks:

Action taken by: Paul L. Gretch, Director

Office of International Aviation

_________________________________________________________ _______________________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) the applicant is

qualified to perform the proposed operations; (2) our action was cons istent with Department policy; (3) grant of the

authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory

action under the Energy Policy and Conservation Act of 1975. To the extent not grante d/deferred/dismissed, we denied

all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time

without hearing at our discretion.

Persons entitled to petition the Department for review of the acti on set forth in this Notice under the Department’s

regulations, 14 CFR § 385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This

action was effective when taken, and the filing of a petition for review will n ot alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov12/2007 Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shal l:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for

such operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal A viation Administration, the Transportation

Security Administration, and with all applicable U.S. Government requirements concerning security,

including, but not limited to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable.

To assure compliance with all applicable U.S. Government requirements concerning security, the holder

shall, before commencing any new service (including charter flights) from a foreign airport that would be

the holder’s last point of departure for the United State s, contact its International Industry Representative

(IIR) (formerly referred to as International Principal Security Inspector) to advise the IIR of its plans and

to find out whether the Transportation Security Administration has determined that security i s adequate

to allow such airport(s) to be served;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and,

prior to the commencement of any operations under this authority, file evidence of such coverage, in the

form of a completed OST Form 6411, with the Federal Aviation Administration’s Program Management

Branch (AFS

- 260), Flight Standards Service (any changes to, or termination of, insurance also shall be

filed with that office);

(4) Not operate aircraft unde r this authority unless it complies with operational safety requirements at

least equivalent to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for

international air services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the

requirements of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority consti tute a waiver of sovereign immunity, for the

purposes of 28 U.S.C. 1605(a), but only with respect to those actions or proceedings instituted against it

in any court or other tribunal in the United States that are: (a) based on its operations in internatio nal air

transportation that, according to the contract of carriage, include a point in the United States as a point of

origin, point of destination, or agreed stopping place, or for which the contract of carriage was purchased

in the United States; or (b) based on a claim under any international agreement or treaty cognizable in

any court or other tribunal of the United States. In this condition, the term "international air

transportation" means "international transportation" as defined by the Warsaw Conv ention, except that

all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the

United States in its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled,

nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation

agreement, comply with the Depa rtment's rules governing charters (including 14 CFR Parts 212 and

380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest

as may be prescribed by the Department, with all applicable orders or reg ulations of other U.S. agencies

and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the

conditions imposed above. Moreover, this authority cannot be sold or otherwise transferred without

explicit Department approval under Title 49 of the U.S. Code.