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, 2014361122/1/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,1 

### for 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.

### -2- 361122/1/WASHINGTON 

### carrier termination of service between these points.3 

### Today, 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 Taken4 

### and 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.

4Docket DOT-OST-2004-18365

### -3- 361122/1/WASHINGTON



### 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

### -4- 361122/1/WASHINGTON 

### 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

### -5- 361122/1/WASHINGTON



### 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.

### -6- 361122/1/WASHINGTON 

### 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

### -7- 361122/1/WASHINGTON 

### EXHIBIT AI.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 atime 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