UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on Ju ly 23, 201 3



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OS T

- 200 5

- 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 d/b/a Fiji Airways 1 Date Filed: July 11, 2013

Relief requested: E xemption from 49 U.S.C. § 41301 to engage in scheduled air transportation of p ersons, property and

mail between Nadi, Fiji

, and Honolulu , Hawaii

, via Christmas Island, Kiribati

. 2

D ate and c itation of last action: July 9, 2012

, in this docket

Applicant representative s : Malcolm L. Benge & D avid M. Endersbee (202) 973

- 7904

DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION



### Action: Approved 3 

### Action date: Ju ly 23, 20 1 3 4



### Effective dates of exemption author ity granted: Ju ly 23, 20 1 3

– Ju ly 23, 20 1 4

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 exemptio n conditions (attached) X Foreign air carrier permit (Order 81

- 4

- 93 )

Action taken by: Paul L. Gretch, Director

Office of International Aviation

_______________________________________________________________________________________ _________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Pa rt 385, we found that (1) the applicant is qualified to perform the proposed operations; (2) our action was consistent 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 Conservat ion Act of 1975. To the extent not granted/deferred/dismissed, we denie d 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 action set forth in this Notice und er 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 effectiv e when taken, and the filing of a petition for review will not alter such effectiveness.

A n electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

1 On June 21, 2013, we granted the request of Air Pacific Limited to register the “Fiji Airways” trade name under 14 CFR Part 215

. 2 The app licant styled its request in the captioned Docket as a renewal request. We note, however, that the applicant’s previous authority in this Docket had lapsed. Our action here thus does not constitute a renewal.

3 Our approval of the applicant’s present req uest does not serve to insulate it from any enforcement action which may be taken by the Assistant General Counsel for Aviation Enforcement and Proceedings.

4 We are acting on the applicant’s request prior to the expiration of the 15

- day answer period with the consent of all parties served.12/2007 Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier appli cant(s) shall:

(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 t he Federal Aviation 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 applicabl e. 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 States, 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 tha t security is 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 cover age, 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 a ircraft under 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 ser vices;

(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 auth ority constitute 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 i n international 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 Sta tes; 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 Convention, 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 w ith the Department'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 o rders or regulations 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 auth ority cannot be sold or otherwise transferred without explicit Department approval under Title 49 of the U.S. Code.