Pago Pago, AMERICAN SAMOA — Samoa-based Talofa Airways Limited has sought an “emergency exemption” from the US Department of Transportation (USDOT) in order to continue operating in and out of American Samoa because the Samoa government plans to pull out of a multi-nation open-sky agreement.

Talofa Airways made the request in a Mar. 5 application, saying the airline currently holds a foreign air carrier permit issued by USDOT in October 2016 and such authority is provided for under the Multilateral Agreement on the Liberalization of International Air Transportation (MALIAT), in which both the United States and Samoa are parties.

The application revealed that on or about Mar. 9 this year, Samoa “will be formally withdrawing as a party to the MALIAT, the air service agreement” upon which USDOT’s prior approval of Talofa Airways’ current permit authority is based.

Talofa Airways currently provides daily flights between Apia and Pago Pago as well as two weekly flights between Pago Pago and Tonga.

MALIAT’s website notes that on “Mar. 7, 2018, Samoa gave notice of its intention to withdraw from the MALIAT, effective 9 March 2019” — 12 months from the date of acknowledgement of Samoa's notice.

There’s no explanation on why Samoa is planning on withdrawing from the open-skies agreement which currently involves nine countries, including Tonga, Cook Islands and New Zealand in the South Pacific.

In its application, Talofa Airways says that given the impending withdrawal of Samoa from the MALIAT, the airline asks that USDOT “promptly issue an emergency exemption to continue in effect the traffic rights which Talofa Airways currently is authorized to exercise.”

Under the 2016 USDOT order, the airline is authorized to operate scheduled and charter foreign air transportation of persons, property and mail between Samoa and via Samoa to or from points in the U.S — including American Samoa. The authority also allows the carrier to operate scheduled and charter to a point or points in the US and beyond.

“Samoa has recently confirmed to the U.S. Government, through diplomatic note, its position that comity and reciprocity should form the basis for approving, and continuing in effect existing, carrier operating authorizations in the U.S-Samoa air services market after March 9, 2019,” according to the airline’s application.

Given the Samoa government’s position, Talofa Airways requested that its application be granted. Granting the requested authority “is in the public interest, as it will ensure continuity of air commerce between Samoa and the United States, including but not limited to ensuring that scheduled air services at remote, island communities are not disrupted”.

No word yet on when the USDOT will grant Talofa Airways’ application.