 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on July 16, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2004-18493

________________________________________________________________________
______

This serves as notice to the public of the action described below, taken
by the Department official indicated.  No additional confirming order
will be issued in this matter.

Applicant:  Village Aviation, Inc. d/b/a Village Air Cargo	  Date Filed:
 June 23, 2004 

Relief Requested:  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.

Applicant rep:  Robert P. Silverberg, (202) 944-3300    DOT Analyst: 
Lauralyn Remo, (202) 366-5347

Responsive pleadings:  No objections.  

D I S P O S I T I O N

Action:  Approved 	  Action date:  July 16, 2004

Effective dates of authority granted:  July 16, 2004, through August 15,
2004 

Basis for approval:  On April 20, 2004, the Department granted Village
Aviation emergency exemption authority to conduct charter cargo
operations within American Samoa (see Docket OST-2004-17582).  Village
Aviation’s current request to provide foreign charter cargo service to
transport building and medical supplies and other shipments to Apia,
Samoa is similar to the service it currently provides in American Samoa.
 In support of its exemption request, Village Aviation references the
participation of the United States and Samoa in the Multilateral
Agreement on the Liberalization of International Air Transportation
(MALIAT).  Furthermore, the carrier indicated the support of the
Government of the Independent State of Samoa for its proposed
operations.  In consultation with the Federal Aviation Administration,
we are granting Village Aviation’s request.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated: 

	X  Holder’s certificate of public convenience and necessity

	X  Standard exemption conditions (see Attachment)

Action taken by:   Randall D. Bennett, Director	

		    Office of Aviation Analysis

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our action was consistent with Department
policy; (2) grant of the exemption authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major regulatory action under the Energy Policy and Conservation Act of
1975.  We may amend, modify, or revoke the authority granted in this
Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

  HYPERLINK "http://dms.dot.gov//"  http://dms.dot.gov// 

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, Village Aviation, Inc.
shall:

Obtain from the appropriate foreign governments such operating rights as
may be necessary;

Comply with the requirements for reporting data contained in 14 CFR 241;

Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544. 
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

Comply with such other reasonable terms, conditions, and limitations
required by the public interest as may be prescribed by the Department
of Transportation, with all applicable orders and regulations of other
U.S. agencies and courts, and with all applicable laws of the United
States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

 	In its application, Village Aviation did not specify the duration of
the exemption authority requested.  Therefore, the Department is
limiting Village Aviation’s exemption authority for a period of no
more than 30 days unless an application and supporting information are
filed with the Department to amend Village Aviation’s certificate
(issued by Order 95-5-1) and remove the condition restricting it to
operations within the State of Alaska.  Should Village Aviation file
such an application, the Department will extend its exemption authority
until such time the Department issues a final decision on its
application or until September 30, 2004, whichever occurs earlier.   

 	MALIAT, signed and made effective in 2001, was designed to promote
open skies air service agreements between its members.  This agreement
allows its members to designate air carriers to conduct international
air transportation, provided that the designated air carriers abide by
the regulations set forth in the agreement.  The following are member
countries: United States, Chile, New Zealand, Brunei Darussalam,
Singapore, Peru, Tonga, and Samoa.  

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