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OST-04-17582 - Village Air Cargo - Emergency Exemption
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Village Aviation, Inc. d/b/a Village Air Cargo OST-04-17582 - Emergency Exemption April 15, 2004 Emergency Application for an Exemption With the passage of the Rural Service Improvement Act in 2002, the procedures used by the Postal Service to distribute mail among Alaska bush carriers has been significantly altered and mail revenue opportunities for Village have dimmed. Recognizing the impact of the Act on its potential revenues, Village has searched for other markets where it can profitably deploy its fleet. As this search was underway, Village was contacted by the Territory of American Samoa to determine if it had aircraft that could assist in the restoration of the Islands which was struck by Cyclone Heta in January of this year. The force of the storm caused considerable damage to the infrastructure of the Islands, so much so that the area was declared by the President to be a disaster area eligible for the receipt of federal funds. Before Village can conduct revenue operations in the Islands, to assist in the relief effort, it must first obtain relief from condition number 8 of its certificate. This condition was attached to the Village certificate on the DOT's own initiative in 1995, based on Village's then stated plans to conduct operations only within the State of Alaska. With the passage of time and the change in the law regarding the distribution of mail within the State, Village needs to look beyond the borders of Alaska for revenue opportunities. The first such opportunity is now being presented to Village which it seeks to take as soon as possible in order to commence revenue service under its agreement with the Territory of American Samoa. In furtherance of its goal of providing assistance to the Territory, Village has already obtained FAA permission to conduct operations with the CASA 212 aircraft in the Territory by an appropriate amendment to the carrier's operations specifications. Village has positioned the aircraft and crews in the Territory in order to provide the needed assistance. The only regulatory hurdle to the commencement of revenue service is relief from condition number 8 of the Village certificate. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com OST-04-17582 - Emergency Exemption April 16, 2004 Re: Letter in Support from Governor of Samoa Enclosed for filing in the above‑referenced Docket, please find a letter from Togiola T.A. Tulafonon, Governor of American Samoa, in support of the Emergency Application of Village Aviation, Inc. for an Exemption. On April 15, 2004, Village Aviation applied for an exemption from a condition in its certificate of public convenience and necessity that limits its operations to those conducted within the State of Alaska to permit the carrier to operate in the Territory, of American Samoa to assist in disaster relief efforts. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300 OST-04-17582 - Emergency Exemption - Pago Pago-Ofu/Fitiua Filed April 15, 2004 Emergency exemption for six months under 49 U.S.C. 40109 to provide the following service: Charter cargo air transportation between Pago Pago, American Samoa, and Ofu and Fitiuta, American Samoa, during the period April 20, through September 30, 2004, using one CASA 212 aircraft. We are relieving Village Aviation of a provision of its certificate of public convenience and necessity (see Order 95-5-1) that limits it to operations within the State of Alaska. Village Aviation has received approval from the Federal Aviation Administration to conduct the proposed operations, and the carrier has provided fitness information in support of its request. Moreover, the carrier indicates that there is a substantial need for all-cargo air service to transport medical supplies and food to residents of American Samoa affected by Cyclone Heta, and no other U.S. carrier currently operates in this region. The Department has, however, granted Polynesian Limited, a foreign air carrier, authority to conduct passenger and cargo service between Pago Pago, American Samoa and the Manu’a Islands, American Samoa (see Docket OST-2004-17387). By: Randall Bennett OST-04-17582 - Emergency Exemption - Pago Pago-Ofu/Fitiua September 17, 2004 Application of Village Aviation Accordingly, Village hereby requests that the Department amend footnote no. 1 of the Notice of Action Taken, Docket OST-2004-18493, issued July 16, 2004 and provide that the exemption authority granted thereby extends until such time as the Department issues a final decision on Village's application to amend its certificate. As footnote no. 1 is currently written, the exemption authority granted by the Notice expires on September 30, 2004 even if the Department has yet to issue a final decision on Village's certificate application. In addition, Village hereby requests that the Department amend the Notice of Action Taken, Docket OST-2004-17582, issued April 20, 2004 and include the same amended footnote requested to be included in the July 16 Notice so that both exemption authorities expire upon the issuance by the Department of a final decision on Village's application to amend its certificate. Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com OST-04-17582 - Emergency Exemption - Pago Pago-Ofu/Fitiua October 4, 2004 By application dated September 17,2004, in the above-referenced Dockets, Village Aviation has requested a continuation of its existing exemption authority to serve American Samoa, pending action on its sister application to remove the "Alaska only" provision from its certificate. As a primary justification for the proposed action, Villages states that "Village desires to continue its operations in American Samoa and the Independent State of Samoa pending the Department's final decision on its application to amend its certificate". Safari Aviation, Inc. is a company organized under the laws of the State of Hawaii and registered as a Foreign Corporation in American Samoa, which was under contract with Village to provide cargo services in American Samoa and the Independent State of Samoa. This contract was never honored and to the best of Safari's knowledge, Village Aviation never had governmental authority to conduct a business in the region nor was it registered with either territory or country as a foreign corporation nor did it posses a business license. In addition, Village Aviation, Inc., and its aircraft, departed the region as of September 30, 2004 with no apparent intention of returning. This information is submitted for your consideration. By: Safari, Preston Myers Village Aviation, Inc. d/b/a Village Air Cargo Order 05-01-26 Issued January 28, 2005 | Served February 2, 2005 By this Order, we dismiss (1) the application filed in Docket OST-2004-18841 requesting removal of a certificate restriction pursuant to 49 U.S.C. 41 llO(a)(2)(A); (2) the application filed in Docket OST-2004-17582 requesting amendment of exemption authority; and (3) the application filed in Docket OST 2004- 18493 requesting amendment of exemption authority. By: Randall Bennett |
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