OST-1995-791 - Polynesian - Apia, Samoa and Pago Pago, American Samoa and beyond to Rarotonga, Cook Islands and Papeete, Tahiti

OST-1995-791

http://www.polynesianairlines.com/

Polynesian Limited - (Exemption from Apia, Western Samoa and Pago Pago, American Samoa and beyond to Rarotonga, Cook Islands and Papeete, Tahiti; Exemptions for Foreign Air Transport Apia-Honolulu, HI and Apia-Los Angeles, CA)

OST-1995-791 - Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti | OST-95-806 | OST-96-1687 | November 25, 1997

Application for Exemption

Polynesian Limited ("Polynesian") hereby requests renewal of the exemption authority granted to it by the Department of Transportation (the "Department") in the above-captioned dockets authorizing Polynesian to perform scheduled foreign air transportation (i) between Apia, Western Samoa and Pago Pago, American Samoa and grant these exemptions to Polynesian have been confirmed and continue in existence at the present time. Polynesian remains duly licensed and qualified to perform these services. Reciprocity and comity between the United States and Western Samoa continue to provide a firm foundation for the approval of all of Polynesian's current U.S. operating authority. In light of these circumstances, Polynesian submits that renewal of its exemption authority is clearly mandated under established policies of the Department.

Service List

Counsel: Squire Sanders, Charles Donley III, 202.626.6641

OST-95-791 | OST-95-806 | OST-96-1687 | Filed November 25, 1997 | Action Taken January 12, 1998

Notice of Action

Relief requested: RENEW exemptions from 49 U.S.C. 41301 to engage in scheduled foreign air transportation of persons, property and mail between: (1) Apia, Western Samoa, and Pago Pago, American Samoa; and beyond Pago Pago to Rarotonga, Cook Islands, and Papeete, Tahiti (Docket OST-95-791); (2) Apia and Honolulu, HI (Docket OST-95-806); and (3) Apia and Los Angeles, CA (Docket OST-96-1687). Polynesian provides Honolulu and Los Angeles service pursuant to a code-share arrangement with Air New Zealand.

Applicant representative: Charles Donley 202.626.6641

Order 98-3-23 | Issued March 25, 1998 | Served March 31, 1998

Order

Air UK: OST-95-324
Eurowings Luftverkehrs: OST-95-746
Polynesian: OST-95-791; OST-95-806; OST-96-1687
Icelandair: OST-95-804
Czech Airlines: OST-95-980 & Undocketed
TAP Air Portugal: OST-95-945
Air-India/United Air Lines: OST-96-1007 & Undocketed
LB Limited: OST-97-3074
Transnet d/b/a South African Airways: OST-97-3099
China Airlines: OST-97-3138
Transnet d/b/a South African Airways: OST-97-3210
Alitalia-Linee Aeree Italiane: OST-98-3331

By: Paul Gretch

OST-95-791 OST-95-806 OST-96-1687 OST-98-3631	December 17, 1998	Application for Renewal of Exemptions	Apia/Pago Pago Beyond to Rarotonga/Pepeete - Codeshare with Air New Zealand
		Service List

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 service between Apia, on the one hand, and Honolulu and Los Angeles, on the other hand. These services are operated pursuant to a codeshare agreement with Air New Zealand. Under the codeshare agreement, Polynesian purchases from Air New Zealand a limited number of seats on Air New Zealand"; scheduled once weekly Auckland-Apia-Honolulu and Auckland-Apia-Los Angeles flights. Polynesian sells only Apia-Honolulu and Apia-Los Angeles seats on these flights; Polynesian does not offer seats in the Auckland-Honolulu or Auckland-Los Angeles markets. These flights are and will continue to be operated with Air New Zealand's B767 aircraft and crews in full compliance with the Department's rules applicable to codeshare flights contained in 14 C.F.R. 399.88. 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 in recent years and the small number of seats available to Polynesian in the Apia-Honolulu and Apia-Los Angeles markets have served as highly effective safeguards against the carriage of cabotage traffic. Polynesian intends to continue to employ these safeguards.

Counsel: Squire Sanders, Robert Papkin, 202-626-6601

OST-95-791
OST-95-806
OST-96-1687
OST-98-3631

Filed December 17, 1998
Issued January 22, 1999

Notice of Action Taken

Renew exemptions from 49 U.S.C. 41301 to conduct foreign air transportation of persons, property and mail between: (1) Apia, Samoa and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti (OST-95-791); (2) Apia and Honolulu, HI (OST 95-806); (3) Apia and Los Angeles, CA (OST-96-1687); and (4) Maota, Samoa and Pago Pago (OST-98-3631).

By: Paul Gretch

OST-95-791 OST-95-806 OST-96-1687 OST-98-3631	January 19, 2000	Application for Renewal of Exemptions	Apia/Pago Pago Beyond to Rarotonga/Pepeete
		Service List

Counsel: Squire Sanders Dempsey, Charles Donley, 202.626.6601

OST-95-791
OST-95-806
OST-96-1687
OST-98-3631

Filed January 19, 2000
Issued February 15, 2000

Notice of Action Taken

Apia, Samoa and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete / Apia-Honolulu / Apia-Los Angeles / Maota, Samoa, and Pago Pago

By: Paul Gretch

OST-95-791 OST-95-806 OST-96-1687 OST-98-3631	January 17, 2001	Application for Renewal of Exemptions	Apia, Samoa and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands/Papeete; Apia- Honolulu; Apia-Los Angeles; Maota/Samoa/Pago Pago
		Service List

Polynesian Limited respectfully requests that the Department of Transportation renew for a one-year period its exemption to perform scheduled foreign air transportation of persons, property and mail between (i) Apia, Samoa and Pago Pago, American Samoa and beyond Pago Pago to Rarotonga, Cook Islands and Papeete, Tahiti; (ii) between Apia, Samoa, on the one hand, and Honolulu, Hawaii and Los Angeles, California, on the other hand; and (iii) Maota, Samoa and Pago Pago, American Samoa.

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. These flights are operated weekly with Polynesian's B737-800 aircraft and crews.

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. 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 I country.

Counsel: Squire Sanders Dempsey, Charles Donley, 202.626.6600

OST-95-791
OST-95-806
OST-96-1687
OST-98-3631

Filed January 17, 2001
Issued February 8, 2001

Notice of Action Taken

Apia, Samoa and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete/Apia-Honolulu/Apia-Los Angeles/ Maota, Samoa, and Pago Pago

Renew exemptions from 49 U.S.C. 41301 to conduct foreign air transportation of persons, property and mail between: (1) Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti (OST-95-791); (2) Apia and Honolulu, HI (OST-95-806); (3) Apia and Los Angeles, CA (OST-96-1687); and (4) Maota, Samoa, and Pago Pago (OST-98-3631)

OST-95-791 OST-95-806 OST-96-1687 OST-98-3631 OST-01-9313	February 4, 2002	Application for Renewal of Exemptions	Apia, Samoa and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands/Papeete; Apia- Honolulu; Apia-Los Angeles; Maota- Pago Pago; Honolulu- Auckland, New Zealand via Apia, Somoa
		Service List

Hereby requests renewal of the exemption authority granted to it by the Department of Transportation in the above-captioned dockets authorizing Polynesian to perform scheduled foreign air transportation between (i) Apia, Samoa and Pago Pago, American Samoa and beyond Pago Pago to Rarotonga, Cook Islands and Papeete, Tahiti; (ii) Apia, Samoa, on the one hand, and Los Angeles, California and Honolulu, Hawaii, on the other hand; (iii) Maota, Samoa and Pago Pago, American Samoa; and (iv) Honolulu, Hawaii, and Auckland, New Zealand, via Apia, Samoa. 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 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.

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 frequent service between these cities. United Air Lines currently provides service between Apia and Los Angeles pursuant to its codeshare arrangement with Air New Zealand. Under these circumstances, renewal of Polynesian's exemptions is clearly warranted.

Counsel: Squire Sanders Dempsey, Charles Donley, 202.626.6600

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

Filed February 4, 2002
Issued February 21, 2002

Notice of Action Taken

Apia, Samoa and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands/Papeete; Apia- Honolulu; Apia-Los Angeles; Maota- Pago Pago; Honolulu- Auckland, New Zealand via Apia, Somoa

Renew exemptions to conduct foreign air transportation of persons, property and mail between: (1) Apia, Samoa, and Pago Pago, American Samoa, and beyond to Rarotonga, Cook Islands, and Papeete, Tahiti (OST-95-791); (2) Apia and Honolulu, HI (OST 95-806); (3) Apia and Los Angeles, CA (OST-96-1687);
(4) Maota, Samoa, and Pago Pago (OST-98-3631); and (5) Honolulu and Auckland, New Zealand, via Apia (OST-200 l-9313).

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.

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