UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY
WASHINGTON, D.C.

Issued by the Department of Transportation on November 16, 201 2



### NOTICE OF ACTION TAKEN

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_____________________________________________________________________________________________________________________________ ___ 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: September 11, 2012

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

property , and mail between Nadi, Fiji and Honolulu, Hawaii via Apia, Samoa.

If renewal, date and citation of last action: September 14, 2011, in this docket

Applicant representative s : John E. Gillick & David M. Endersbee (202) 973

- 7939

DOT Analyst: Shelita A. Johnson (202) 366

- 1226

Responsive pleadings: None filed

DISPOSITION

Action: Approved Action date : November 16, 201 2

Effective dates of exemption authority granted: Novembe r 16, 201 2

– November 16, 201 3

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

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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 req uests 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 De partment’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 electro nic 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) shall:

(1) Not conduct any operations unle ss 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 Transportati on 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. Gov ernment 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 Re presentative
(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 b e 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 othe rwise 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 t o 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 internationa l 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 (inclu ding 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 cour ts, 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 withou t explicit Department approval under Title 49 of the U.S. Code.