OST-2002-11657 - Polynesian - Honolulu and Auckland, New Zealand, via Apia

OST-2002-11657

http://www.polynesianairlines.com/

Polyensian Limited

OST-2002-11657 - Honolulu and Auckland, New Zealand, via Apia	February 20, 2002	Application for Exemption and Statement of Authorization	Tonga- Honolulu
		Service List

A statement of authorization under 14 C.F.R. 212 permitting Polynesian to transport persons, property and mail under Royal Tongan Airlines' two-letter designator code on Polynesian's scheduled flights between Tonga and Honolulu operated via Apia; and an exemption from 49 U.S.C. 41301 permitting Polynesian to operate charter flights pursuant to the Perms of 14 C.F.R. 212. Polynesian requests that its statement of authorization be issued for an indefinite period, and that its exemption remain in effect for a period of at least two years.

Under the codeshare agreement between Polynesian and Royal Tongan, Polynesian will operate once weekly flights over the Tonga-Apia-Honolulu route utilizing its B737-800 aircraft. Polynesian will operate the Tonga-Apia and Apia-Honolulu segments with different PH flight numbers. In addition to Polynesian's code, Royal Tongan will display its WR* code on these flights under a single flight number. Thus, Royal Tongan will offer Tonga-Honolulu one-stop service under a single WR* flight number. Royal Tongan will not offer local Apia-Honolulu transportation on Polynesian's Tonga-Apia-Honolulu flight. To operate this service for Royal Tongan, Polynesian requires a statement of authorization permitting it to carry Tonga-Honolulu traffic under Royal Tongan's single flight number and an exemption authorizing it to conduct charter flights.

Hawaiian Airlines has previously been authorized by the Government of Samoa to conduct operations between Apia and Los Angeles via Pago Pago and Honolulu, and Samoa Air is authorized by the Samoan Government to operate between Apia/Maota and Pago Pago and currently provides frequent service between these cities. United Air Lines, Inc. also holds authority to operate, and currently offers, third-country codeshare services to Apia from Los Angeles in conjunction with Air New Zealand. There is no question that sufficient reciprocity exists to justify approval of the limited codeshare and charter authority requested in this application.

Polynesian currently operates frequent daily flights between (i) Apia, Samoa and Pago Pago, American Samoa; and (ii) Maota, Samoa and Pago Pago, American Samoa utilizing Twin Otter and Britten Norman Islander aircraft. Polynesian also provides scheduled service between Apia and Honolulu. These flights are operated weekly with Polynesian's B737-800 aircraft and crews. Polynesian additionally provides service to Auckland, Sydney and Papeete from Apia.

Counsel: Squire Sanders, Charles Donley, 202.626.6840, cdonley@ssd.com

OST-02-11657

Filed February 20, 2002
Issued March 7, 2002

Notice of Action Taken

Tonga- Honolulu

By: Paul Gretch

OST-95-791
OST-95-806
OST-96-1687
OST-98-3631
OST-01-9313
OST-02-11657

Jannuary 14, 2003

Application for Renewal of Exemptions

Samoa-US Scheduled

hereby requests renewal of the exemption authority granted to it by the Department of Transportation (the "Department") in the above-captioned dockets permitting Polynesian to perform scheduled foreign air transportation between:

(i) Docket OST-95-791: Apia, Samoa and Pago Pago, American Samoa and beyond to Rarotonga, Cook Islands and Papeete, Tahiti;
(ii) Docket OST-95-806: Apia, Samoa, and Honolulu, Hawaii;
(iii) Docket OST-96-1687: Apia, Samoa, and Los Angeles, California;
(iv) Docket OST-98-3631: Maota, Samoa and Pago Pago, American Samoa; and
(v) Docket OST-2001-9313: Honolulu, Hawaii, and Auckland, New Zealand, via Apia, Samoa.

Polynesian also requests renewal of its exemption in Docket OST-2002-11657 permitting it to operate charter flights pursuant to Part 212 of the Department's regulations.2 Polynesian requests renewal of these exemptions for a one-year period on their existing terms and conditions. Polynesian relies on the provisions of the Administrative Procedure Act and Part 377 of the Department's Procedural Regulations to continue its existing authorizations in these dockets in force pending a final decision on this renewal application.

Polynesian currently operates frequent daily flights between (i) Apia, Samoa and Pago Pago, American Samoa; and (ii) Maota, Samoa and Pago Pago, American Samoa utilizing Twin Otter aircraft. Polynesian also provides scheduled service between Apia and Honolulu with service to Tonga and Auckland. These flights are operated weekly with Polynesian's B737-800 aircraft and crews.

Hawaiian Airlines has previously been authorized by the Government of Samoa to conduct operations between Apia and Los Angeles via Pago Pago and Honolulu. Samoa Air is also authorized by the Samoan Government to operate between Apia/Maota and Pago Pago. Samoa Air currently provides service between these cities. United Air Lines also provides service between Apia and Los Angeles pursuant to its codeshare arrangement with Air New Zealand.

Counsel: Squire Sanders, Charles Donley, 202-626-6840

OST-95-791
OST-95-806
OST-96-1687
OST-98-3631
OST-01-9313
OST-02-11657

February 12, 2003

Notice of Action Taken

Samoa/Tahiti/American Samoa/Cook Islands - US

Relief requested: (1) Renew exemptions from 49 U.S.C. 41301 to conduct scheduled foreign air transportation of persons, property and mail between: (i) Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti (OST-95-791); (ii) Apia and Honolulu, HI (OST 95-806); (iii) Apia and Los Angeles, CA (OST-96-1687); (iv) Maota, Samoa, and Pago Pago (OST-98-3631); (v) Honolulu and Auckland, New Zealand, via Apia (OST-2001-9313); and (2) Renew exemption from 49 U.S.C. 41301 to conduct charter foreign air transportation of persons, property and mail pursuant to 14 CFR 212 of the Department's regulations (OST-2002-11657).

We have advised Polynesian Limited that it cannot directly or indirectly hold out or provide online air transportation wholly between U.S. points. Furthermore, pursuant to advice from the Assistant General Counsel for Aviation and Enforcement Proceeding, Polynesian Limited, as was its predecessor, is subject to Consent Order 95-2-18

By: Paul Gretch

OST-95-791 - Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti
OST-95-806 - Apia and Honolulu, HI
OST-96-1687 - Apia and Los Angeles, CA
OST-98-3631 - Maota, Samoa, and Pago Pago
OST-01-9313 - Honolulu and Auckland, New Zealand, via Apia
OST-02-11657 - Honolulu and Auckland, New Zealand, via Apia

January 15, 2004

Applicationf or Renwal of Exemptions

hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above‑captioned dockets permitting Polynesian to perform scheduled foreign air transportation between:

(i) Docket OST‑95‑791: Apia, Samoa and Pago Pago, American Samoa] and beyond to Rarotonga, Cook Islands and Papeete, Tahiti;
(ii) Docket OST‑95‑806: Apia, Samoa, and Honolulu, Hawaii;
(iii) Docket OST‑96‑1687: Apia, Samoa, and Los Angeles, California;
(iv) Docket OST‑98‑363 1: Maota, Samoa and Pago Pago, American Samoa; and
(v) Docket OST‑200 1‑9313:Honolulu, Hawaii, and Auckland, New Zealand, via Apia, Samoa.

Polynesian also requests renewal of its exemption in Docket OST-2002-11657 permitting it to operate charter flights pursuant to Part 212 of the Department's regulations. Polynesian also holds in this docket a statement of authorization of indefinite duration permitting it to display the designator code of Royal Tongan Airlines on Polynesian's scheduled flights between Tonga and Honolulu operated via Apia. Polynesian currently operates frequent daily flights between (i) Apia, Samoa and Pago Pago, American Samoa; and (ii) Maota, Samoa and Pago Pago, American Samoa utilizing Twin Otter aircraft. Polynesian also provides scheduled service between Apia and Honolulu with service to Tonga and Auckland. These flights are operated weekly with Polynesian's B737-800 aircraft and crews.

Counsel: Squire Sanders, Charles donely, 202-626-6840, cdonely@ssd.com

OST-95-791 -Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti
OST-95-806 - Apia and Honolulu, HI
OST-96-1687 - Apia and Los Angeles, CA
OST-98-3631 - Maota, Samoa, and Pago Pago
OST-01-9313 - Honolulu and Auckland, New Zealand, via Apia
OST-02-11657 - Honolulu and Auckland, New Zealand, via Apia

Filed: January 15, 2004 | Issued: February 12, 2004

Notice of Action Taken | Word

Relief requested: (1) Renew exemptions from 49 U.S.C. § 41301 to conduct scheduled foreign air transportation of persons, property and mail between: (i) Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti (OST-95-791); (ii) Apia and Honolulu, HI (OST-95-806); (iii) Apia and Los Angeles, CA (OST-96-1687); (iv) Maota, Samoa, and Pago Pago (OST-98-3631); (v) Honolulu and Auckland, New Zealand, via Apia (OST-2001-9313); and (2) Renew exemption from 49 U.S.C. § 41301 to conduct charter foreign air transportation of persons, property and mail pursuant to 14 CFR 212 of the Department’s regulations (OST-2002-11657).

By: Paul Gretch

OST-95-791 -Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti
OST-95-806 - Apia and Honolulu, HI
OST-96-1687 - Apia and Los Angeles, CA
OST-98-3631 - Maota, Samoa, and Pago Pago
OST-01-9313 - Honolulu and Auckland, New Zealand, via Apia
OST-02-11657 - Honolulu and Auckland, New Zealand, via Apia
OST-04-19283 - Apia-Pago Pago-Tonga

January 5, 2005

Application for Renewal of Exemptions

Polynesian currently operates flights between (i) Apia, Samoa, and Pago Pago, American Samoa; and (ii) Maota, Samoa, and Pago Pago, American Samoa, utilizing Twin Otter or Britten Norman Islander aircraft. Polynesian also provides scheduled service between Apia and Honolulu with service to Tonga and Auckland, and operates flights between Apia and Tonga via Pago Pago. These flights are operated with Polynesian's B737‑800 aircraft and crews.

Polynesian is aware of the restrictions regarding the carriage of cabotage traffic and remains committed to preventing a recurrence of the difficulties experienced by its corporate predecessor in operating service to Honolulu and Los Angeles. Polynesian believes that the preventive measures instituted and emphasized in recent years have served as highly effective safeguards against the carriage of cabotage traffic. Polynesian intends to continue to employ these safeguards.

Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonely@ssd.com

Filed January 5, 2005 | issued March 29, 2005

Notice of Action Taken | Word

(1) Renew exemptions from 49 U.S.C. § 41301 to conduct scheduled foreign air transportation of persons, property and mail between: (i) Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti (OST-95-791); (ii) Apia and Honolulu, HI (OST-95-806); (iii) Apia and Los Angeles, CA (OST-96-1687); (iv) Maota, Samoa, and Pago Pago (OST-98-3631); (v) Honolulu and Auckland, New Zealand, via Apia (OST-2001-9313); (vi) Apia, Samoa, and Tonga, via Pago Pago, America Samoa (OST-2004-19283); and (2) Renew exemption from 49 U.S.C. § 41301 to conduct charter foreign air transportation of persons, property and mail pursuant to 14 CFR 212 of the Department’s regulations (OST-2002-11657).

By: Paul Gretch

OST-1995-791 - Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti
OST-1995-806 - Apia and Honolulu, HI
OST-1996-1687 - Apia and Los Angeles, CA
OST-1998-3631 - Maota, Samoa, and Pago Pago
OST-2001-9313 - Honolulu and Auckland, New Zealand, via Apia
OST-2002-11657 - Honolulu and Auckland, New Zealand, via Apia
OST-2004-19283 - Apia-Pago Pago-Tonga

March 26, 2007

Application for Renewal of Exemptions

Polynesian requests renewal of these exemptions for a two-year period on their existing terms and conditions. Polynesian currently operates flights between Apia, Samoa, and Pago Pago. American Samoa, utilizing aircraft from its fleet. Polynesian also provides scheduled service between Apia and Tonga via Pago Pago.

Polynesian's fleet consists of one Dash 8-100, one Twin Otter, Series 300, and one Britten-Norman Islander aircraft, all of which are registered in Samoa. 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 Ministry of Transport.

Counsel: Squire Sanders, Charles Donley, 202-626-6840, cdonley@ssd.com

April 9, 2007

Response of Inter Island Airways

Inter Island Airways, Inc. supports the request by Polynesian Limited for a renewal of exemptions from the provisions of 49 U.S.C. 41301, and any other applicable statues and regulations of the Department of Transportation permitting Polynesian to perform schedule and charter flights for the following:

The Independent State of Samoa is a party to the Multilateral Agreement of the Liberalization of International Air Transportation, broadening air transport services between the United States and Samoa. The routes are within the scope of the MALIAT and are open to U.S. Carriers.
Polynesian is aware of the restrictions regarding the carriage of cabotage traffic and remains committed to preventing a recurrence of the difficulties it experienced by instituting preventive measures highly effective against the carriage of cabotage traffic.
In regards to Docket OST-2004-19283, Inter Island Airways, Inc. requests the Department to revisit this Exemption once Inter Island Airways, Inc. serves this market.

Counsel: Inter Island, Alex Sene, 684-633-7002, alex@samoatelco.com