Eckert Seamans Chenn .. & Mellott. LLC 

1747 Pennsylvanta Avenue. NW · · Su1te1200 · ·· ._. 

Wash1ngton, D.C. 20006 

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November 17, 2009 

VIA FEDERAL EXPRESS 

U.S. Department of Transportation 

Office ofthe Secretary of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Attention: Robert Ashby 

rEL 202 659 6600 

- ·. EAX 202 659 6699 

Ev~lyn D. Sahr 

·. Direct dial: 202.659.6622 

Email: eshar@eckertseamans.com 

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Re: Air Pacific Limited Request for Conflict of Law Waiver Determination 

Dear Mr. Ashby, 

On behalf of Air Pacific Limited ("Air Pacific"), we are writing in response to the Department's 

October 20, 2009 letter (see Exhibit 1 )regarding Air Pacific's September 11, 2008 request for a 

conflict oflaw waiver under section 382.9 of the Department's Air Carrier Access Act 

regulation, 14 CFR Part 382. (See Exhibit 2.) Pursuant to a telephone conference with Kathleen 

Blank Reither, Senior Attorney, an extension of time until November 20, 2009 to provide the 

documents requested in the Department's October 20, 2009 was granted. (See Exhibit 3.) 

Accordingly, this response is timely filed. 

The Department's October 20, 2009 letter requested a copy of the Civil Aviation Authority of 

Fiji Islands ("CAAFI") regulations which conflict with 14 CFR Part 382 as well a copies of the 

sections of Air Pacific's Airport Handling Manual and Air Operator's Certificate implementing 

the conflicting CAAFI regulations. The sections of Air Pacific's Airport Handling Manual 

implementing the conflicting CAAFI regulations were previously submitted with the September 

11, 2008 request for conflict of law waiver. (See Exhibit 2.) While paragraph B 19 of Air 

Pacific's Air Operator's Certificate was previously submitted with the September 11, 2008 

request for conflict of law waiver, paragraphs A4 and A5 of the Air Operator's Certificate, which 

are discussed below, were not previously submitted. (Paragraphs A4 and A5 are attached hereto 

as Exhibit 4.) 

Regulation 34 of the CAAFI regulations is attached hereto for the. first time. (See Exhibit 5 

attached.) Regulation 34 specifically states that upon issuance ofthe Air Operator's Certificate 

of Competency, "the certificate may be granted subject to such conditions as the Authority 

[CAAFI] thinks fit. ... " (See Regulation 34(2) at Exhibit 5.) Furthermore, "the operator shall 

comply with Air Operator's Certificate of Competency standards notified by the Authority 

[CAAFI] .... " (See Regulation 34(5) at Exhibit 5, emphasis added.) Therefore, Air Pacific is 

required by law to comply with the conditions contained in its Air Operator's Certificate of 

Competency. 

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Air Pacific Limited 

November 17, 2009 

Paragraph B 19 of Air Pacific's Air Operator's Certificate of Competency specifically discusses 

the procedures Air Pacific must follow in transporting service animal in the aircraft cabin. (See 

Exhibit 2.) Air Pacific is required by law to comply with these procedures. Subparagraph 1 of 

Paragraph B19 of the Air Operator's Certificate of Competency states, "[t]he animal must be 

carried in accordance with the documented company procedures." (See Exhibit 2,'emphasis 

added.) Thus, the provisions of Air Pacific's Airport Handling Manual regarding the 

transportation of service animals must be followed as a matter of law. Any deviation from the 

procedures and requirements in the Airport Handling Manual would constitute a legal breach of 

Air Pacific's Air Operator's Certificate. 

Air Pacific's Air Operator's Certificate also requires that Air Pacific "shall furnish the Controller 

Air Safety of the Civil Aviation Authority of the Fiji Islands a copy of every operations manual, 

training manual and of all other written instructions to his operating staff, for the time being in 

effect concerning the operation of the aircraft under this certification." (See Exhibit 5; paragraph 

A4.) Furthermore,"[ e]very flight under this certificate shall be conducted in accordance with the 

relevant provisions of the aforesaid operations manual, training manual, and instructions." (See 

Exhibit 5; paragraph A5.) Accordingly, Air Pacific must follow its Airport Handling Manual, 

including the provisions in Section 1 0.2.6 regarding seating for passengers with disabilities, 

Section 1 0.2.2.3 regarding advance notice from passengers with disabilities, and Section 1 0.2.2.5 

regarding indemnity clearance for passengers with disabilities. These provisions were discussed 

in detail in Air Pacific's September 11, 2008 request for a conflict of law waiver. (See Exhibit 

2.) 

In conclusion, the CAAFI regulations legally require Air Pacific to comply with the conditions 

of its Air Operators Certificate and its Airport Handling Manual. Non-compliance will result in 

Air Pacific's Air Operators Certificate being suspended or revoked. Accordingly, Air Pacific 

appreciates your careful consideration of its September 11, 2008 conflict of laws waiver request. 

Should you have any further questions regarding Air Pacific's operations, please do not hesitate 

to contact us. 

Enclosures 

Respectfully submitted, 

~~Z./.fMc~ 

Evelyn D. Sahr 

Jennifer L. Andrews 

Counsel for Air Pacific Limited