before the u.s. department of …airlineinfo.com/ostpdf98/300.pdf · u.s. department of...
TRANSCRIPT
1
BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION
WASHINGTON, D.C.
__________________________________________ Application of ) ) NAURU AIR CORPORATION ) ) Docket DOT-OST-2016- for an exemption pursuant to 49 U.S.C. §40109 ) and a foreign air carrier permit pursuant ) to 49 U.S.C. §41301 ) __________________________________________)
APPLICATION OF NAURU AIR CORPORATION FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT
Communications with respect to this document should be addressed to: David E Schaffer DAVID E SCHAFFER ASSOCIATES, LLC 9205 Hambletonian Place Vienna, VA 22182 Phone: +1-703-938-3062 Fax: +1-703-938-3063 Email: [email protected] Counsel for NAURU AIR CORPORATION Dated: Note: Any person may support or oppose the Application by filing an answer and serving a copy of the answer on counsel for Nauru Air Corporation and upon each person served with this application. Answers to the exemption application are due by November 9, 2016. Answers to the permit application are due by November15, 2016.
2
BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION
WASHINGTON, D.C.
__________________________________________ Application of ) ) NAURU AIR CORPORATION ) ) Docket DOT-OST-2016- for an exemption pursuant to 49 U.S.C. §40109 ) and a foreign air carrier permit pursuant ) to 49 U.S.C. §41301 ) __________________________________________)
APPLICATION OF NAURU AIR CORPORATION FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT
NAURU AIR CORPORATION (“Nauru Airlines”), an air carrier of the Republic of
Nauru, hereby applies, under the provisions of 49 U.S.C. §§40109 and 41301, Subparts B and C
of the Department’s Rules of Practice (14 CFR 302.201 and 302.301, et seq.), Part 211 of the
Department’s Economic Regulations (14 CFR Part 211), and the Department’s streamlined
licensing procedures,1 for an exemption and foreign air carrier permit authorizing it to engage in
scheduled and charter foreign air transportation of persons, property and mail. Nauru Airlines
requests that the exemption authority sought herein remain in effect until the Department issues
Nauru Airlines the foreign air carrier permit requested herein.
In support of its application, Nauru Airlines states as follows:
a. The name of the applicant is Nauru Air Corporation, doing business as Nauru Airlines.
Its address is Level 2, 99 Creek Street, Brisbane, 4000 Australia. It is a corporation
organized under the laws of the Republic of Nauru, specifically the Nauru Air
Corporation Act 1995, as amended.
1SeeNoticeinDocketOST-2005-22228(August23,2005).
3
b. Given its small size and limited population, the Republic of Nauru was not able to
establish a credible aviation safety oversight authority. Therefore, Australia, through its
Civil Aviation Safety Authority (CASA), agreed to provide the necessary regulatory
jurisdiction over Nauru Airlines. CASA’s address is CASA Operations Headquarters,
12-14 The Circuit, Brisbane Airport, Queensland, 4007, Australia.
c. Nauru airlines seeks authority to conduct scheduled and charter foreign air transportation
of persons, property and mail between the Republic of Nauru and the United States.
Initially, Nauru Airlines would offer one round-trip flight per week between Nauru and
Guam. The first flight would occur at the end of March 2017. The flights would stop at
Tarawa, Majuro, and Pohnpei. A Boeing 737-300 aircraft would be used to provide the
service. It would be configured with 12 business class seats and 122 economy seats. The
aircraft would also be capable of carrying freight.
d. The names, addresses and citizenship of all Directors are attached as Exhibit A. The
names addresses, and citizenship of all Officers and key management personnel are
attached as Exhibit B. None of these people are related by blood or marriage.
e. No person holds 5% or more of the capital stock or the capital of Nauru Airlines.
f. Nauru Airlines is wholly owned by the government of Nauru.
g. Although the airline is owned by the government, the Board of Directors of Nauru Air
Corporation has responsibility for the managerial decisions of the airline. The Board
reports to the Minister of Nauru Air Corporation.
h. Nauru Airlines insurance meets the liability limits of 14 CFR Part 205. A copy of Nauru
Airlines Certificate of Insurance (OST Form 6411) is attached as Exhibit C. The
insurance is arranged through Aerosure, Suite 29, Upper Deck, Jones Bay Wharf, 26-32
Pirrama Road, Sydney NSW 2009, Australia.
i. The evidence of Nauru Airlines operating authority is contained in its Air Operator
Certificate which is attached as Exhibit D.
j. For more than 30 years, Nauru Airlines and its predecessors (Air Nauru and Our Airline)
has been providing air service throughout the central and south Pacific. In 1982, its
predecessor was granted a foreign air carrier permit by the old Civil Aeronautics Board
(CAB).2 In July 1996, Nauru Air Corporation was established as a separate statutory
2SeeOrder82-10-92
4
corporation wholly owned by the Republic of Nauru. The corporation’s business is
overseen by the Board of Directors appointed by the government. The CEO and his team
are tasked with the responsibility of providing safe, efficient, and profitable services to
the people of Nauru. Since 1996, the airline has been operating under the Australian civil
aviation regulations and with an Australian Air Operators Certificate. Its pilots and
engineers are trained to Australian standards and its maintenance is performed by
respected Australian maintenance providers. This ensures that the airline operates to one
of the highest safety standards in the world. Nauru Airlines currently provides air
services to Brisbane, Tarawa, Nadi, Kosrae, and Majuro. It also provides charter services
to clients in Australia, New Zealand, central and south Pacific and southeast Asia. In
addition, the airline has provided wet lease and ACMI charter services to various airlines
in the south Pacific.
k. Nauru Airlines has five Boeing 737-300 aircraft in its fleet. All are owned by the
Government of Nauru and all are registered in Australia. The registration numbers of the
aircraft are as follows:
a. VH-PNI
b. VH-ONU
c. VH-YNU
d. VH-XNU
e. VH-VLI (freighter)
l. Maintenance is performed in Nauru Airlines’ hangar at Brisbane by Aircraft Structural
Contractors who have approval for this maintenance under Part 145 of the Australian
Civil Aviation Safety Regulations (CASR). Nauru Airlines’ maintenance program
complies with the provisions of ICAO Pilots and Airmen Annexes I, 6 (Part I), and 7. A
statement to this effect is attached as Exhibit E. Both Australia and Nauru are contracting
states to the Convention on International Civil Aviation.
m. There are no agreements or cooperative working arrangements with any other airline that
would affect the proposed services to Guam.
n. The required financial summary is attached as Exhibit F.
o. Nauru Airlines has not received, nor does it expect to receive, financial assistance from
the Government of Nauru.
5
p. During the first full year of normal operations, Nauru Airlines estimates that it will carry
2500 passengers outbound and 2500 passengers inbound on the route between Nauru and
Guam. An estimate of the financial results of the proposed service is attached as Exhibit
G.
q. It is Nauru Airlines’ understanding that the government of Nauru would authorize air
services similar to those Nauru is requesting should a U.S. airline apply for such
authority. If approved, the Nauru Airlines service will provide additional travel
opportunities to the citizens of both Guam and Nauru (as well as points in between),
provide direct air service between Nauru and Guam whose citizens now must travel
between the two countries by a circuitous route, serve the interests of comity and
reciprocity, benefit travelers in both countries, and therefore serve the public interest. An
extract from the Board’s minutes authorizing this service is attached as Exhibit H
r. As noted above, it is the understanding of Nauru Airlines that the government of Nauru
would, if requested, approve scheduled and charter air service by U.S. carriers including
granting 5th freedom traffic rights to U.S. carriers.
s. Nauru Airlines has not been involved in any safety or tariff violations or in any fatal
accidents in the past 5 years.
t. A copy of OST Form 4523 (Waiver of liability limits under the Warsaw Convention) is
attached as Exhibit I.
u. A copy of Nauru Airlines’ foreign air carrier family support plan is attached as Exhibit J.
A copy will be submitted to the National Transportation Safety Board (NTSB).
v. Nauru Airlines will collect the passenger manifest information required by 14 CFR Part
243 and will transmit that information to the U.S. Department of State in the event of an
aviation disaster. A summary of Nauru Airlines’ procedures is attached as Exhibit K.
w. The operation of Nauru Airlines will not result in a near term increase in fuel
consumption of ten million gallons or more. Therefore, grant of the authority requested
here will not constitute a “major regulatory action” under the Energy Policy and
Conservation Act of 1975, as defined in 114 CFR 313.4(a)(1).
x. The verification required by 14 CFR 302.4(b) is attached as Exhibit L.
6
Nauru Airlines will be working with the appropriate FAA International Field Office to obtain
its Part 129 Operations Specifications as quickly as possible.
For the reasons set forth above, Nauru Airlines is fully qualified to operate the services
applied for and grant of the requested authority is in the public interest. Nauru Airlines requests
that the requested exemption remain in effect until the Department issues the requested permit.
Wherefore, based upon the foregoing information, Nauru Airlines respectfully asks that
it be granted an exemption and foreign air carrier permit to engage in scheduled and charter
foreign air transportation of persons, property, and mail.
Respectfully submitted,
David E. Schaffer
DAVID E SCHAFFER ASSOCIATES, LLC 9205 Hambletonian Place Vienna, VA 22182 Phone: +1-703-938-3062 Fax: +1-703-938-3063 Email: [email protected] Counsel for NAURU AIR CORPORATION DATED: October 25, 2016
7
CERTICATE OF SERVICE I hereby certify that a copy of the foregoing application of Nauru Airlines for a foreign air carrier exemption and permit has been served by electronic mail this 25th day of October, 2016, upon each of the parties listed below. Robert Wirick Howard Kass American Airlines [email protected] [email protected] Alex Krulic Chris Walker Delta Airlines [email protected] [email protected] Dan Weiss Steve Morrissey United Airlines [email protected] [email protected] Paul Doell National Air Carrier Association [email protected] Tom Engle U.S. Department of State [email protected] Nancy S. Sparks Federal Express Corporation [email protected] Russell E. Pommer Atlas Air Inc. [email protected] Jennifer Nowak UPS [email protected] /s/ David E. Schaffer
8
TABLE OF EXHIBITS Exhibit A Board of Directors Exhibit B Officers and key management personnel Exhibit C Certificate of Insurance Exhibit D Air Operators Certificate Exhibit E Maintenance Program Exhibit F Financial Summary Exhibit G Estimate of Financial Results Exhibit H Board Authorization Exhibit I Waiver of Liability under the Warsaw Convention Exhibit J Family Support Plan Exhibit K Passenger manifest information Exhibit L Verification
9
EXHIBIT A
BOARD OF DIRECTORS
Name Residential Address Business Address Citizenship
Kevin Power 6 Cayman Place,
Parrearra QLD 4575
Level 2, 99 Creek Street,
Brisbane QLD 4000
Australian
Limay Uera Boe District, Republic
of Nauru
Nauru Airlines - Ground
Floor, Nauru International
Airport, Republic of Nauru
Nauruan
Susan Bernice
Hiram
Baitsi District,
Republic of Nauru.
Nauru Airlines - Ground
Floor, Nauru International
Airport, Republic of Nauru
Nauruan
Jianna Dame Nibok District,
Republic of Nauru
Nauru Airlines - Ground
Floor, Nauru International
Airport, Republic of Nauru
Nauruan
Melba Jaqueline
Akua
Nibok District,
Republic of Nauru
Nauru Airlines - Ground
Floor, Nauru International
Airport, Republic of Nauru
Nauruan
Milner Stephen Buada District,
Republic of Nauru
Nauru Airlines - Ground
Floor, Nauru International
Airport, Republic of Nauru
Nauruan
10
EXHIBIT B
OFFICERS AND KEY MANAGEMENT PERSONNEL
Name Residential
Address
Business Address Citizenship Position
Geoff
Bowmaker
3140 Great North
Road, Wollombi,
NSW 2327
Level 2, 99 Creek
Street, Brisbane
QLD 4000
Australian CEO
Kevin Power 6 Cayman Place,
Parrearra QLD
4575
Level 2, 99 Creek
Street, Brisbane
QLD 4000
Australian Chairman
Wendy
Bowden
21 Barcoorah
Street, WestLake
QLD 4074
Level 2, 99 Creek
Street, Brisbane
QLD 4000
Australian CFO
Ross Gibson 95 Hillview
Road, Mount
Cotton QLD
Level 2, 99 Creek
Street, Brisbane
QLD 4000
Australian Chief Pilot
Rod
Langdon
Unit 2/ 95
Welsby Parade,
Bongaree QLD
4507
89 Pandanus
Avenue, Brisbane
Airport QLD 4008
Australian Continuing
Airworthiness
Manager
Graham
Eather
33/14 Jefferson
Lane, Palm
Beach QLD 4221
Level 2, 99 Creek
Street, Brisbane
QLD 4000
Australian Ground
Operations
Manager
Brian
Douglas
7 Saffron Court,
North Lakes
QLD 4509
Level 2, 99 Creek
Street, Brisbane
QLD 4000
Australian Chief Inspector
(Safety Systems
Manager)
11
EXHIBIT C CERTIFICATE OF INSURANCE
12
13
14
15
EXHIBIT D
AIR OPERATORS CERTIFICATE
16
17
18
EXHIBIT E
MAINTENANCE PROGRAM
19
EXHIBIT F
FINANCIAL SUMMARY
Nauru Airlines Group
Profit and Loss Statement
2015
Item Australiandollars Conversionrate U.S.dollars Passengerrevenue 50,321.956.70 0.768 38,647,262.75Cargorevenue 1,247,228.82 0.768 957,871.73Othertransportrevenue
14,734,238.47 0.768 11,315,895.14
Totalairtransportoperatingrevenues
66,303,423.99 0.768 50,921,029.62
Totalairtransportoperatingexpenses
58,103,031.03 0.768 44,623,127.83
Operatingresult 8,200,392.96 0.768 6,297,901.79Non-Operatingitems 5,907,311.03 0.768 4,536,814.87Profit(loss) 2,293,081.93 0.768 1,761,086.92
Balancesheet
2015
Item Australian Conversionrate U.S.dollars Currentassets 11,690,525.55 0.768 8,978,323.62Flightequipment 530,803.45 0.768 407,657.05Otherassets 2,239,281.43 0.768 1,719,768.14Totalassets 14,460,610.43 0.768 11,105,748.81Currentliabilities 6,631,872.05 0.768 5,093,277.73Otherliabilities 456,362.00 0.768 350,486.02Long-termdebt 0 0.768 0Capitalstock 10,066,930.93 0.768 7,731,402.95Retainedearnings -2,694,554.55 0.768 -2,069,417.89Totalliabilitiesandequity
14,460,610.43 0.768 11,105,748.81
20
Profit and Loss
2016
Item Australiandollars Conversionrate U.S.dollars Passengerrevenue 47,568,046.70 0.7426 35,324,031.48Cargorevenue 1,394,369.64 0.7426 1,035,458.89Othertransportrevenue
16,126,716.57 0.7426 11,975,699.72
Totalairtransportoperatingrevenues
65,089,132.91 0.7426 48,335,190.10
Totalairtransportoperatingexpenses
56,466,225.68 0.7426 41,931,819.19
Operatingresult 8,622,907.23 0.7426 6,403,370.91Non-Operatingitems 5,808,292.03 0.7426 4,313,237.66Profit(loss) 2,814,615.20 0.7426 2,090,133.25
Balance sheet
2016
Item Australian Conversionrate U.S.dollars Currentassets 16,439,566.67 0.7426 12,208,022.21Flightequipment 1,557,746.25 0.7426 1,156,782.37Otherassets 5,256,545.47 0.7426 3,903,510.67Totalassets 23,253,858.39 0.7426 17,268,315.24Currentliabilities 11,599,942.11 0.7426 8,614,117.01Otherliabilities 1,466,924.70 0.7426 1,089,338.28Long-termdebt 0 0.7426 0Capitalstock 10,574,593.93 0.7426 7,852,693.45Retainedearnings -387,602.35 0.7426 -287,833.51Totalliabilitiesandequity
23,253,858.39 0.7426 17,268,315.24
21
EXHIBIT G
ESTIMATE OF FINANCIAL RESULTS
FinancialSummaryAUD USD
Revenue 3,039,341$ 2,127,539$less:VariableDirectOperatingCosts 1,978,847$ 1,385,193$
NetContribution 1,060,494$ 742,346$%Contribution 34.9% 34.9%
Passengers&RevenueFrom To Pax/week Weeks USDFare E/Rate AUDFare RevenueGUM PNI 50 52.143 350$ 0.7000 499.71$ 1,302,830$PNI GUM 50 52.143 350$ 0.7000 499.71$ 1,302,830$GUM MAJ 5 52.143 582$ 0.7000 831.71$ 216,840$MAJ GUM 5 52.143 582$ 0.7000 831.71$ 216,840$
3,039,341$ThepassengersperweekhavebeenbasedonGuamCustomsandAgricultureDeclarationForm,MonthlyArrivalsApril2016Wehaveassumeda25%shareofthecurrentmarketslistedabove.Wehavenotallowedforanyincrementalsalesfromourcurrentports.
FaresFaresasperGalileo26August2016
Return Oneway Local YieldMixWeighted
FareMAJGUM 1,552$ 776$ No 30% 233$
1,025$ 514$ Yes 50% 257$924$ 462$ Yes 20% 92$
582$MAJPNI 964$ 482$ 30% 145$
616$ 308$ 50% 154$512$ 256$ 20% 51$
350$
DirectOperatingCostsBasedonrecenthistoricalcosts
$/hour Hours CostsAircraftFuel 2,960.00$ 252 745,920$AirNavigationCharges 107.70$ 252 27,141$GroundHandlingCharges 1,350.34$ 252 340,286$Landing&AirportCharges 557.87$ 252 140,584$Catering 890.88$ 252 224,502$HeavyMaintenanceReserves 751.77$ 252 189,446$EngineeringCosts 1,234.00$ 252 310,968$
1,978,847$
FinancialAnalysis-GuamExtension
22
EXHIBIT H
BOARD AUTHORIZATION
23
EXHIBIT I WAIVER OF LIABILITY LIMITS UNDER THE WARSAW CONVENTION
DocketOST95-236U.S.DepartmentofTransportationOfficeoftheSecretaryofTransportation AGREEMENT
Theundersignedcarriers(hereinafterreferredtoas"theCarriers")herebyagreeasfollows:1. EachoftheCarriersshall,effectiveMay16,1966,includethefollowinginitsconditionsofcarriage,includingtariffs
embodyingconditionsofcarriagefiledbyitwithanygovernment:
"TheCarriershallavail itselfofthe limitationof liabilityprovidedintheConventionfortheUnificationofCertainRules
RelatingtoInternationalCarriagebyAirsignedatWarsawOctober12th,1929,orprovidedinthesaidConventionasamendedbytheProtocolsignedatTheHagueSeptember28th,1955.However,inaccordancewithArticle22(1)ofsaidConvention,orsaidConventionasamendedbysaidProtocol,theCarrieragreesthat,astoallinternationaltransportationbytheCarrierasdefinedinthesaidConventionorsaidConventionasamendedbysaidProtocol,which,accordingtothecontractofCarriage,includesapointintheUnitedStatesofAmericaasapointoforigin,pointofdestination,oragreedstoppingplace
(1) Thelimitofliabilityforeachpassengerfordeath,wounding,orotherbodilyinjuryshallbethesumofUS$75,000inclusiveoflegalfeesandcosts,exceptthat,incaseofaclaimbroughtinaStatewhereprovisionismadeforseparateawardoflegalfeesandcosts,thelimitshallbethesumofUS$58,000exclusiveoflegalfeesandcosts,
(2) TheCarriershallnot,withrespecttoanyclaimarisingoutofthedeath,wounding,orotherbodily injuryofapassenger,availitselfofanydefenseunderArticle20(1)ofsaidConventionorsaidConventionasamendedbysaidProtocol.
NothinghereinshallbedeemedtoaffecttherightsandliabilitiesoftheCarrierwithregardtoanyclaimbroughtby,onbehalfof,orinrespectofanypersonwhohaswillfullycauseddamagewhichresultedindeath,wounding,orotherbodilyinjuryofa
passenger,'
2. EachCarriershall,atthetimeofdeliveryoftheticket,furnishtoeachpassengerwhosetransportationisgovernedbytheConvention,ortheConventionasamendedbytheHagueProtocol,andbythespecialcontractdescribedinparagraph1,thefollowingnotice,whichshallbeprintedintypeatleastaslargeas10pointmoderntypeandininkcontrastingwiththestockon(i)eachticket;(ii)apieceofpapereitherplacedintheticketenvelopewiththeticketorattachedtotheticket;or(iii)ontheticketenvelope:
"ADVICETOINTERNATIONALPASSENGERONLIMITATIONOFLIABILITYPassengersonajourneyinvolvinganultimatedestinationorastopinacountryotherthanthecountryoforiginare
advisedthattheprovisionsofatreatyknownastheWarsawConventionmaybeapplicabletotheentirejourney,includinganyportionentirelywithinthecountryoforiginordestinationForsuchpassengersona journeyto, from,orwithanagreedstoppingplace in theUnitedStatesofAmerica, theConventionandspecial contractsof carriageembodied inapplicabletariffsprovidethattheliabilityof[certain[(nameofcarrier)andcertainother]carrierspartiestosuchspecialcontractsfordeathoforpersonalinjurytopassengersislimitedinmostcasestoprovendamagesnottoexceedUS$75,000perpassenger,andthatthisliabilityuptosuchlimitshallnotdependonnegligenceonthepartofthecarrier.Forsuchpassengerstravelingbyacarriernotapartytosuchspecialcontractsoronajourneynotto,from,orhavinganagreedstoppingplaceintheUnitedStatesofAmerica,liabilityofthecarrierfordeathorpersonalinjurytopassengersislimitedinmostcasestoapproximatelyUS$10,000orUS$20,000.
ThenamesofCarrierspartiestosuchspecialcontractsareavailableatallticketofficesofsuchcarriersandmaybeexaminedonrequest.
Additionalprotectioncanusuallybeobtainedbypurchasinginsurancefromaprivatecompany.Suchinsuranceisnotaffectedbyanylimitationofthecarrier'sliabilityundertheWarsawConventionorsuchspecialcontractsofcarriage.Forfurtherinformationpleaseconsultyourairlineorinsurancecompanyrepresentative."
3[ThisAgreementwasfiledwiththeCivilAeronauticsBoardoftheUnitedStates.TheBoardapproveditbyOrderE-23680,adoptedMay13,1966,TheAgreement(Agreement18900)becameeffectiveMay16,1966.OnJanuary1,1985,thisAgreementbecametheresponsibilityoftheDepartmentofTransportation(DOT)byoperationoflaw.]
24
4. ThisAgreementmaybesignedinanynumberofcounterparts,allofwhichshallconstituteoneAgreement.AnyCarriermaybecomeapartytothisAgreementbysigningacounterparthereofanddepositingithDOT
5. AnyCarrierpartyheretomaywithdrawfromthisAgreementbygiving
twele2)moths'writtennoticeofwithdrawaltoDOTandtheotherCarrierspartiestotheAgreement.
(SignatureandDate)*Eitheralternativemaybeused.(PrintedNameandTitle)
(NameandAddressofCarrier)
OSTForm4523(FormerlyCABForm263)
25
EXHIBIT J
FAMILY SUPPORT PLAN
1. Nauru Airlines will publicize through local, national and international news media a reliable,
toll-free telephone number and shall provide sufficient staff to accept telephone calls on such
number from families of passengers involved in an aircraft accident resulting in a major loss of
life.
2. As soon as information becomes available on each passenger, Nauru Airlines will notify that
passenger’s family, subject to the provisions of Section 3 of this Family Assistance Plan.
Notification to family members will be made prior to release of the passenger’s name to the
public and, to the extent practical, in person. Such notification will be made by (i) suitably
trained personnel; or (ii) the organization designated by the National Transportation Safety
Board (NTSB) pursuant to 49 U.S.C. 1136(a)(2), currently the American Red Cross.
3. Notification will be made to families as soon as practicable after Nauru Airlines has verified
the identity of a passenger, whether or not the names of all of the passengers have been verified.
4. Nauru Airlines will provide immediately upon request, and will update, a list (based on the
best available information at the time of the request) of the names of the passengers aboard the
aircraft (whether or not such names have been verified) to the director of family support services
designated for the accident by the NTSB under 49 U.S.C. 1136(a)(1) and the organization
designated by the NTSB pursuant to 49 U.S.C. 1136(a)(2), currently the American Red Cross.
5. Nauru Airlines will consult with the family of each passenger about the disposition of any
remains and personal effects of the passenger that are within Nauru Airlines’ control.
6. If requested by the family of a passenger, Nauru Airlines will return to the family any
possession (regardless of its condition) of that passenger that is within Nauru Airlines’ control,
unless the possession is needed for the accident investigation or a criminal investigation.
26
7. Nauru Airlines will retain for not less than eighteen (18) months after the date of the accident
any unclaimed passenger possession that is within Nauru Airlines’ control.
8. Nauru Airlines will consult the family of each passenger about the construction of any
monument to the passengers to be built in the United States, including any inscription on the
monument.
9. Nauru Airlines will treat the families of nonrevenue passengers the same as the families of
revenue passengers.
10. Nauru Airlines will work with any organization designated by the NTSB pursuant to 49
U.S.C. 1136(a)(2) (currently, the American Red Cross) on an ongoing basis to ensure that
families of passengers receive an appropriate level of services and assistance following an
accident.
11. Nauru Airlines will provide reasonable compensation to any organization designated under
49 U.S.C. 1136(a)(2) (currently, the American Red Cross) for services and assistance provided
by the organization.
12. Nauru Airlines will assist the family of any passenger in traveling to the location of the
accident and provide for the physical care of the family while the family is staying at such
location.
13. Nauru Airlines will commit sufficient resources to carry out its family assistance plan.
14. Nauru Airlines will provide adequate training to its employees and agents to meet the needs
of survivors and family members following an accident.
15. In the event Nauru Airlines volunteers assistance to United States citizens within the United
States with respect to an aircraft accident outside the United States involving a major loss of life,
27
Nauru Airlines will consult with the NTSB and the Department of State on the provision of
assistance.
16. Nauru Airlines will, in the case of an accident that results in significant damage to a man-
made structure or other property on the ground that is not government-owned, promptly provide
notice, in writing, to the extent practicable, directly to the owner of the structure or other
property about liability for any property damage and means for obtaining compensation.
At a minimum, the written notice shall advise an owner to (i) contact the insurer of the property
as the authoritative source for information about coverage and compensation; (ii) not rely on
unofficial information offered by Nauru Airlines for accident-site property damage; and (iii)
obtain photographic or other detailed evidence of property damage as soon as possible after the
accident, consistent with restrictions on access to the accident site.
17. Nauru Airlines will, in the case of an accident in which the NTSB conducts a public hearing
or comparable proceeding at a location greater than 80 miles from the accident site, ensure that
the proceeding is made available simultaneously by electronic means at a location open to the
public at both the origin city and destination city of Nauru Airlines’ flight if that city is located in
the United States.
18. Nauru Airlines can be contacted at any time the airline is providing a flight to or from the
United States or its territories or possessions at the following number - +61 7 3211 9659.
19. In carrying out this plan, Nauru Airlines may utilize the services of Aviem International, Inc.
and the Family Assistance Foundation.
28
EXHIBIT K
PASSENGER MANIFEST INFORMATION
SUMMARY OF 14 C.F.R. 243 PROCEDURES
(PASSENGER MANIFEST COLLECTION PROCEDURES)
NAURU AIRLINES
Introduction
This summary is submitted by Nauru Airlines to the U.S. Department of Transportation in
accordance with 14 C.F.R. Part 243.
Summary of Procedures
For each flight to or from Guam, Nauru Airlines will collect, or cause to be collected, the full
name of each passenger who is a U.S. citizen before that passenger boards the aircraft. Any U.S.
citizen who does not provide this information will not be permitted to board.
Nauru Airlines will request an emergency contact telephone number and name from U.S. citizen
passengers. As the provision of this information is voluntary, Nauru Airlines will not deny
boarding to any passenger who refuses to provide it.
Nauru Airlines will store the information collected until passengers on the flight segment
disembark. This information will be kept confidential and will not be used for purposes other
than those described herein or disclosed to any entity except as required and permitted by law.
In the event of an aviation disaster, Nauru Airlines will contact the Managing Director of
Overseas Citizen Services, Bureau of Consular Affairs, U.S. State Department, by telephone at
(202) 647-1512. Not later than three hours after confirmation of such a disaster, Nauru Airlines
will transmit to the U.S. State Department and, upon request, the National Transportation Safety
Board, the information collected in accordance with these procedures.
29
24 Hour Contact Information
Nauru Airlines can be contacted at any time the airline is providing a flight to or from the United
States or its territories or possessions at the following number +61 7 3211 9659 concerning
information gathered in accordance with the above procedures. Nauru Airlines will file any
change to this number on or before the date the change is made.
30
EXHIBIT L
VERIFICATION
PursuanttoTitle18UnitedStatesCodeSection1001,I, in
my individual capacity and as the authorized representative of the pleader, have not in any
mannerknowinglyandwillfullyfalsified,concealedorfailedtodiscloseanymaterialfactormade
anyfalse, fictitious,or fraudulentstatementorknowinglyusedanydocumentswhichcontain
such statements in connection with the preparation, filing or prosecution of the pleading. I
understandthatanindividualwhoisfoundtohaveviolatedtheprovisionsof18U.S.C.section
1001shallbefinedorimprisonednotmorethanfiveyears,orboth.
Signed:
Title:
Date: October25,2016
31