UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, D.C.

Issued by the Department of Transportation on July 23, 2013

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2005-21868 ________________________________________________________________________________________________________________________________

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 Airways1 Date Filed: July 11, 2013 

Relief requested: Exemption from 49 U.S.C. § 41301 to engage in scheduled air transportation of persons, property and 

mail between Nadi, Fiji, and Honolulu, Hawaii, via Christmas Island, Kiribati.

2

Date and citation of last action: July 9, 2012, in this docket

Applicant representatives: Malcolm L. Benge & David M. Endersbee (202) 973-7904

 

DOT Analyst: Shelita A. Johnson (202) 366-1226 

Responsive pleadings: None filed

DISPOSITION

Action: Approved3 Action date: July 23, 20134

Effective dates of exemption authority granted: July 23, 2013 – July 23, 2014

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)

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 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 Conservation Act of 

1975. To the extent not granted/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 action 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 not alter such effectiveness.

An 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 applicant 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 request 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 applicant(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 the 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 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 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 that 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 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 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 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 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 in 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 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 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 with 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 orders 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 authority cannot be sold or otherwise transferred without 

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