361122/1/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

In the matter of the application of )

)

POLYNESIAN LIMITED ) Docket DOT-OST-2014-____

)

for an emergency exemption pursuant to )

49 U.S.C. 40109(g) )

(Pago Pago-Manu’a Islands) )

)

APPLICATION FOR EMERGENCY EXEMPTION

Communications with respect to this document should be addressed to:

Charles F. Donley II

Squire Patton Boggs (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(202) 626-6840

charles.donley@squirepb.com

Counsel to Polynesian Limited

DATED: August 25, 2014
361122/1/WASHINGTON

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

In the matter of the application of )

)

POLYNESIAN LIMITED ) Docket DOT-OST-2014-_____

)

for an emergency exemption pursuant to )

49 U.S.C. 40109(g) )

(Pago Pago-Manu’a Islands) )

)

APPLICATION FOR EMERGENCY EXEMPTION

Polynesian Limited (“Polynesian”) hereby requests an emergency exemption

from the provisions of 49 U.S.C. 40109(g) and 41703(c) that will permit Polynesian to

transport persons, property and mail between Pago Pago, American Samoa, and the Manu’a

Islands, American Samoa,1for a period of ninety days beginning September 1, 2014.2

The Department of Transportation (“Department”) previously approved similar

requests from Polynesian to operate between Pago Pago and the Manu’a Islands due to U.S.

1 The Manu’a Islands consist of three volcanic islands, Ofu and Olosega (joined by a bridge) and Ta'u,

located approximately sixty miles east of Tutuila. Tutuila is the largest of the five islands and two coral

atolls comprising American Samoa. Pago Pago is located on Tutuila.

2

Polynesian is requesting grant of this authority for ninety days to avoid the need to file duplicative

applications with the Department. Polynesian understands that any authority granted pursuant to this

request will be subject to further review by the Department in the event a U.S. carrier resumes full

passenger and/or cargo service between Pago Pago and the Manu’a Islands and that the Department’s

approvals would be valid for periods of no more than thirty days, with the remainder deferred.
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carrier termination of service between these points.3Today, Polynesian is the only carrier

able to transport passengers and cargo between Pago Pago and the Manu’a Islands. The

Government of American Samoa has requested that Polynesian provide emergency service

between Pago Pago and the Manu’a Islands beginning September 1 to prevent American

Samoan residents from being left without air service. Polynesian has agreed to the

American Samoan Government’s request, and is prepared to begin operations.

It is clear that no U.S. carrier is able to provide Pago Pago-Manu’a Islands

service, nor is one likely to be in a position to provide this service for several months. Inter

Island Airways (“IIA”) (which is a U.S. carrier) had previously provided this service.

However, Polynesian is advised IIA’s aircraft is out of service awaiting a replacement

engine which will not arrive until sometime in October 2014. As a result, there is no air

service between Pago Pago and the Manu’a Islands, creating a severe hardship for residents.

Polynesian will accept the conditions imposed by the Department in its

September 22, 2004, Notice of Action Taken4and subsequent notices, and would have no

objection to grant of its authority for an initial thirty-day period, with deferral of the

remainder.

In further support of its request for exemption, Polynesian states as follows:

3

See, Notices of Action Taken, Docket OST-2003-16163, September 23, 2003 and October 23, 2003;

Notices of Action Taken, Docket OST-2003-16404 and November 7, 2003; Notices of Action Taken,

Docket OST-2004-17387, March 26, 2004, April 30, 2004 and May 27, 2004; Docket OST-2004-18365,

Notices of Action Taken, September 22, 2004, October 15, 2004 and November 23, 2004.

4 Docket DOT-OST-2004-18365
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1. Polynesian is a citizen of Samoa and is entirely owned by the

Government of Samoa. Polynesian was established by the Samoan Government pursuant to

a restructuring plan intended to isolate certain pre-existing financial obligations of

Polynesian Airlines (Holdings) Limited. Pursuant to the plan, effective November 6, 1995,

Polynesian assumed all of the operating authority held previously by Polynesian Airlines

(Holdings) Limited.

2. In addition to its proposed emergency Pago Pago-Manu’a Islands service,

Polynesian currently operates from its hub, Fagalii Airport in Apia, to Pago Pago in

American Samoa and operates on-demand charter services to Maota and Asau Samoa

domestic airstrips on the big island of Savaii as well as to other neighboring island countries

such as Tonga and Niue utilizing Twin Otter aircraft. Polynesian’s fitness and ability to

carry out the proposed flight are amply demonstrated through its regular flight operations.

3. Polynesian’s operations are regulated by the Government of Samoa,

which in turn utilizes under contract the safety and technical regulatory services of the New

Zealand Civil Aviation Authority. New Zealand and Samoa are contracting states to the

Convention on International Civil Aviation (“Chicago Convention”) and observe all

applicable ICAO standards. Samoa has been determined by the FAA to be a Category 1

country.

4. Polynesian will operate twice daily flights between Pago Pago and the

Manu’a Islands depending on the needs of island residents and shippers and aircraft
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availability, and will operate medical evacuation and other emergency flights as needed.5

Flights will be operated with Polynesian’s 19-seat Twin Otter aircraft.

5. Under 49 U.S.C. 40109(g), the Department may authorize a foreign air

carrier to transport commercial traffic between U.S. points under limited circumstances.

Specifically, the Department must find that (i) the authority is required in the public interest,

(ii) because of an emergency created by unusual circumstances not arising in the normal

course of business the traffic cannot be accommodated by U.S. carriers holding certificates

under 49 U.S.C. 41102, (iii) all possible efforts have been made to accommodate the traffic

on U.S. certificated air carriers, and (iv) the exemption is necessary to avoid unreasonable

hardship for the traffic. This application is consistent with the public interest and meets all

of the relevant criteria under 49 U.S.C. 40109(g) for the grant of an exemption. In fact, the

Department has found previously that Polynesian’s emergency cabotage service between

Pago Pago and the Manu’a Islands meets the requirements of Section 40109.6

6. Grant of this amendment request is in the public interest and necessary to

avoid an unusual hardship. IIA previously provided air service but is unable to do so until

its aircraft is repaired sometime in October 2014. No other U.S. carriers are available to

provide this service.

5 During prior periods when Polynesian was authorized by the Department to operate cabotage flights

between Pago Pago Pago and the Manu’a Islands it was called upon to operate several emergency medical

evacuation flights.

6 Notice of Action Taken, Docket OST-2004-17387, March 26, 2004 (“Given these circumstances, we find

that the standards for grant of emergency cabotage authority have been met, and that grant of the exemption
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7. There is no question that the suspension of air service between Pago Pago

and the Manu’a Islands has resulted in severe hardship to passengers and shippers and

disruption to the American Samoan economy, as confirmed by the Government of

American Samoa. Not only is discretionary travel affected, Polynesian understands there

are no doctors on the Manu’a Islands and residents are severely restricted in their ability to

obtain urgent medical care in Pago Pago.

8. Polynesian’s request for an exemption permitting it to provide limited

cabotage service between Pago Pago and the Manu’a Islands is supported fully by the

Government of American Samoa.7

9. An emergency created by unusual circumstances not arising in the normal

course of business exists. Since IIA suspended its flight, air service between Pago Pago and

the Manu’a Islands is not available making it extremely difficult or impossible for

passengers to travel between the two points. Boat service (which does not operate reliably)

is not a suitable substitute, as the arduous sixty-mile journey by sea can take eight hours or

more depending on weather. Moreover, the seas between American Samoa and the Manu’a

Islands can be rough, and Polynesian understands that in the past a number of critically ill

passengers have not survived the boat trip.

WHEREFORE, Polynesian Limited respectfully requests that the Department

of Transportation immediately grant this exemption application permitting it to transport

requested by Polynesian, for a maximum of 30 days, with deferral on the remainder, is warranted.”). See,

also, Notice of Action Taken, Docket OST-2004-18365, August 23, 2004.
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persons, property and mail between Pago Pago, American Samoa, and the Manu’a Islands,

American Samoa, for a ninety-day period beginning September 1, 2014, as more fully

explained herein, or grant such other relief as the Department deems necessary and

appropriate.

Respectfully submitted,

/s/ Charles F. Donley II

___________________________

Charles F. Donley II

Squire Patton Boggs (US) LLP

1200 19th Street, N.W., Suite 300

Washington, D.C. 20036

(202) 626-6840

charles.donley@squirepb.com

Counsel to Polynesian Limited

DATED: August 25, 2014

7

See Exhibit A
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EXHIBIT A
I.OLO M. MOLIGA

GOVERNOR

OFFICE OF THE GOVERNOR

AMERICAN SAMOA GOVERNMENT

Telephone: (684) 633-4116 Fax: {684} 633-2269

LEMANU P. MAUGA

UEUIEI{ANT GOVERNOR

Serial: 568

August 20,2014

U.S. Department of Transportation

U.S. Air Carrier & Foreign Air Carrier Licensing Division

1200 New Jersey Ave, SE

Washington, DC 20590

Attention: Robert Finmore

Request for DOT Cabotage Exemption

Dear Mr. Finmore:

The American Samoa Govemment kindly requests a Department of Transportation (DOT)

exemption to engage in cabotage operations in American Samoa due to the absence of U.S.

carriers servicing the outer islands of the Territory. The exemption will assist with the

emergency circumstances caused by the lack of service and ultimately remedy the undue

hardship to those affected.

In addition, I support the granting of cabotage exemption to the foreign air carrier Polynesia

Airline of Samoa until such a time a U.S. carrier can resume operations. Polynesian Airlines

currently holds DOT authority, and underlook such services in 2003-04 when ASG was faced

with a similar situation.

Polynesian Airlines is in the process of submitting the required application for approval under 49

USC 4019(g)14l703(c); and filed in accordance with 14 CFR Parl 302 (Subpart C).

Your approval of this request is greatly appreciated.

Sincerely.

/_* trt. md;

LOLO M. MOLIGA

Governor of American Samoa

Re:
361122/1/WASHINGTON

CERTIFICATE OF SERVICE

I hereby certify that one copy of the foregoing Application for Emergency

Exemption has this day been served on each of the following individuals via e-mail or

telecopier.

/s/ Charles F. Donley II

___________________________

Charles F. Donley II

DATED: August 25, 2014

Office of the Governor

Executive Office Building, Third Floor, Utulei

Pago Pago, American Samoa 96799

011 684-633-2269

jhill@cooley.com; perkmann@cooley.com

alex@samoatelco.com

steve.morrissey@united.com; dan.weiss@united.com

pdoell@naca.cc

cbethke@airlines.org