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Updated: Monday, January 31, 2005 10:33 AM


OST-04-18493 - Village Air Cargo - American Samoa


Village Aviation, Inc. d/b/a Village Air Cargo

OST-04-18493 - Exemption - American Samoa-Independent State of Samoa

June 23, 2004

Application for an Exemption

Pursuant to 49 U.S.C. 40109 and Subpart C of the Department's Rules of Practice, Village Aviation, Inc. d/b/a Village Air Cargo hereby applies for an exemption from 49 U.S.C. § 41101 and from any applicable regulation of the Department to permit Village to engage in all-cargo charter service in foreign air transportation between points in the Territory of American Samoa and points in the Independent State of Samoa using a CASA 212 aircraft. Village seeks to commence service as soon as possible after receipt of all necessary approvals. Accordingly, Village respectfully requests expeditious consideration of this application.

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com


OST-04-18493 - American Samoa-Independent State of Samoa

June 28, 2004

Re: Polling Letter

Counsel: Silverberg Goldman, Robert Silverberg, 202-944-3300, rsilverberg@sgbdc.com


OST-04-18493 - American Samoa-Independent State of Samoa

Filed June 23, 2004 | Issued July 26, 2004

Notice of Action Taken | Word

Exemption under 49 U.S.C. 40109 to provide the following service:

Foreign charter cargo air transportation between Pago Pago, American Samoa, and Apia, Samoa, using one CASA 212 aircraft.

By: Randall Bennett


OST-04-17582 - Emergency Exemption - Pago Pago-Ofu/Fitiua
OST-04-18493 - American Samoa-Independent State of Samoa

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
OST-04-18493 - American Samoa-Independent State of Samoa

October 4, 2004

Re: Answer of Safari Aviation

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
OST-04-18841 - Certificate of Public Convenience and Necessity
OST-04-17582 - Emergency Exemption - Pago Pago-Ofu/Fitiua
OST-04-18493 - American Samoa-Independent State of Samoa

Issued January 28, 2005 | Served February 2, 2005

Order Dismissing Applications

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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