UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on December 4, 2012

NOTICE OF ACTION TAKEN -- DOCKETS DOT-OST-2012-0189, DOT-OST-2002-13366, 

DOT-OST-1999-6555 and DOT-OST-2000-6756 ________________________________________________________________________________________________________

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).

Joint Applicants: SOUTH AFRICAN AIRWAYS (PTY) LIMITED (SAA); and 

US AIRWAYS, INC. (US AIRWAYS)1

Date Filed: November 2, 2012

Relief requested: 

Dockets DOT-OST-1999-6555, DOT-OST-2000-6756, and DOT-OST-2002-13366: Amendment of SAA’s 

exemption from 49 USC §41301 to permit it to (a) operate between SAA’s U.S. gateways and South Africa via 

intermediate points with local traffic rights as permissible under the U.S.-South Africa Agreement and via other 

intermediate points without local traffic rights; (b) serve Philadelphia as one of SAA’s six permitted U.S. gateways;

and (c) serve Atlanta as one of its 25 named code-share only U.S. beyond points.

2 3

 SAA also requests route 

integration authority to permit it to combine this exemption authority with its other exemption authority, to the extent 

permitted by applicable international agreements.

Docket DOT-OST-2012-0189: US Airways requests an exemption under 49 U.S.C. §40109 to hold out code-share

only service with SAA (a) between any point or points in the United States, via the intermediate points Frankfurt, 

London, and Munich (without local traffic rights), and Johannesburg, Cape Town, Durban, East London, and Port 

Elizabeth, South Africa; and (b) between any point or points in the United States, via the intermediate point Dakar, 

Senegal,4 and Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, South Africa.

SAA requests a statement of authorization under 14 CFR Part 212 to display the US Airways “US” designator code on 

flights operated by SAA (a) from SAA’s U.S. gateways to Johannesburg and beyond to points in South Africa; (b) 

from SAA’s U.S. gateways to Dakar, Senegal as an intermediate point on SAA’s authorized U.S.-South Africa 

 1 US Airways states that it is also applying on behalf of its affiliated carriers Piedmont Airlines, Inc. (Piedmont) and PSA Airlines, 

Inc. (PSA).

2 By diplomatic note received on August 24, 2012, South African authorities designated Philadelphia as a U.S. gateway for ownaircraft services operated by South African carriers. The six current designated U.S. gateways are as follows: Chicago, Los 

Angeles, Miami, New York, Philadelphia, and Washington, DC. In the same diplomatic note, South African authorities named 

Atlanta as one of 25 U.S. code-share-only points, in place of Philadelphia. We note that the gateways and code-share only points 

may be changed in accordance with the terms of the U.S.-South Africa Air Transport Agreement. 3 SAA’s existing exemption authority permits it to (1) engage in scheduled foreign air transportation of persons, property and mail 

between (a) Johannesburg, South Africa, and New York, New York, via Ilha do Sal, Cape Verde; (b) Johannesburg/Cape Town, 

South Africa, and Miami, Florida; (c) Johannesburg and Los Angeles, California (and on this Los Angeles route, to commingle 

blind sector traffic not moving in foreign air transportation between Johannesburg and Rio de Janeiro, Brazil); 

(d) Johannesburg/Cape Town, South Africa, via Ilha do Sal, Cape Verde, and Atlanta, Georgia; (e) Johannesburg/Cape Town, and 

Washington, D.C., via Ilha do Sal, Cape Verde; (f) serve 25 named U.S. points beyond any of SAA’s authorized gateways, on a 

code-share basis with any U.S. carrier code-share partner; (g) serve Los Angeles/New York/Miami/Atlanta/Washington, D.C. on a 

coterminal basis; and (h) provide code-sharing service beyond the United States to third countries on a blind-sector basis; and (2) 

conduct charters in accordance with Part 212 of the Department’s regulations. See Notice of Action Taken dated April 26, 2012, in 

Dockets DOT-OST-1999-6555 and DOT-OST-2000-6756. SAA also holds exemption authority to conduct scheduled foreign air 

transportation of persons, property, and mail between SAA’s U.S. gateways and Dakar, Senegal, as an intermediate point on 

SAA’s authorized U.S.-South Africa services. See Notice of Action Taken dated February 18, 2011, in Docket DOT-OST-2002-

13366.

4 US Airways holds underlying authority to serve Senegal pursuant to its Blanket Open Skies Certificate. See Order 2007-4-20.
services; and (c) on SAA services between Frankfurt, Munich, and London, on the one hand, and Johannesburg, on the 

other, and on SAA flights to points in South Africa served beyond Johannesburg.

US Airways requests a statement of authorization under 14 CFR Part 212 to display the SAA “SA” designator code on 

flights operated by US Airways (a) beyond SAA’s U.S. gateways to points within the United States;5 and (b) between 

London and Philadelphia.

The joint applicants also request a waiver of the 45-day advance filing requirement under 14 CFR Part 212.

Applicant representatives: Anita M. Mosner (SAA), (202) 955-3000 and 

Howard Kass (US Airways), (202) 326-5153

DOT analyst: Brett D. Kruger 202-366-8025

Responsive pleadings: None.

DISPOSITION

Action: Approved in part, remainder dismissed as moot.6

 Action date: December 4, 2012

Effective dates of authority granted: The amended exemption authority granted to SAA is effective December 4, 2012, 

through February 18, 2013.

7

The exemption authority granted to US Airways is effective December 4, 2012, through December 4, 2014.

The statements of authorization granted to SAA and US Airways are effective December 4, 2012, for an indefinite 

period.

Our action granting a waiver of the 45-day advance filing requirement under 14 CFR Part 212 is effective December 4, 

2012. 

Basis for approval (bilateral agreement/reciprocity): United States-South Africa Air Transport Agreement

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our standard 

U.S. carrier exemption conditions attached as Appendix A, foreign carrier exemption conditions attached as Appendix B,

and to the code-share conditions attached as Appendix C.

Special conditions/Remarks: We note that US Airways has conducted a safety audit of SAA under the Department’s 

Code-Share Safety Audit Program, and the FAA has advised us that it has reviewed the relevant audit report and found it to 

be acceptable.

Action taken by: Paul L. Gretch, Director, Office of International Aviation

________________________________________________________________________________________________________

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) the applicants were qualified to perform its proposed operations; (3) grant of the authority was consistent 

with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and 

Conservation Act of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket. We 

may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

 5 US Airways notes that these services would be limited to the 25 named points for code-share only services under the U.S.-South 

Africa Air Transport Agreement.

6 We will dismiss, as moot, the portion of SAA’s request to serve Philadelphia as an authorized own-aircraft service point, as that 

authority is subsumed by the broad U.S. gateway exemption authority we are granting SAA here. We also dismiss, as moot, 

SAA’s request for amended exemption authority to serve Atlanta as a code-share point since that authority is included in SAA’s 

current exemption authority to serve 25 named U.S. points beyond any of its authorized gateways, on a code-share basis with any 

U.S. carrier. 7 We have granted the applicant’s request for amended exemption authority through February 18, 2013, coextensive with its 

existing exemption authority in Dockets DOT-OST-1999-6555, DOT-OST-2000-6756, and DOT-OST-2002-13366.
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:

http://www.regulations.gov
Appendix A

U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled 

operations, if authorized);

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

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the 

Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the 

requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation 

Security 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 Principal Security Inspector (PSI) to advise the PSI 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;

(7) 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.

 

1/2008
Appendix B

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier applicant(s) shall:

(1) Not conduct any operations unless it holds a currently effective authorization from its homeland for such 

operations, and it has filed a copy of such authorization with the Department;

(2) Comply with all applicable requirements of the Federal Aviation Administration, the Transportation Security 

Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited 

to, 14 CFR Parts 129, 91, and 36 and 49 CFR Part 1546 or 1550, as applicable. To assure compliance with all 

applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service 

(including charter flights) from a foreign airport that would be the holder’s last point of departure for the United States, 

contact its International Industry Representative (IIR) (formerly referred to as International Principal Security 

Inspector) to advise the IIR 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;

(3) Comply with the requirements for minimum insurance coverage contained in 14 CFR Part 205, and, prior to the 

commencement of any operations under this authority, file evidence of such coverage, in the form of a completed OST 

Form 6411, with the Federal Aviation Administration’s Program Management Branch (AFS-260), Flight Standards 

Service (any changes to, or termination of, insurance also shall be filed with that office);

(4) Not operate aircraft under this authority unless it complies with operational safety requirements at least equivalent 

to Annex 6 of the Chicago Convention;

(5) Conform to the airworthiness and airman competency requirements of its Government for international air 

services;

(6) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements 

of 14 CFR Part 203, concerning waiver of Warsaw Convention liability limits and defenses;

(7) Agree that operations under this authority constitute a waiver of sovereign immunity, for the purposes of 28 U.S.C. 

1605(a), but only with respect to those actions or proceedings instituted against it in any court or other tribunal in the 

United States that are: (a) based on its operations in international air transportation that, according to the contract of 

carriage, include a point in the United States as a point of origin, point of destination, or agreed stopping place, or for 

which the contract of carriage was purchased in the United States; or (b) based on a claim under any international 

agreement or treaty cognizable in any court or other tribunal of the United States. In this condition, the term 

"international air transportation" means "international transportation" as defined by the Warsaw Convention, except 

that all States shall be considered to be High Contracting Parties for the purpose of this definition;

(8) Except as specifically authorized by the Department, originate or terminate all flights to/from the United States in 

its homeland;

(9) Comply with the requirements of 14 CFR Part 217, concerning the reporting of scheduled, nonscheduled, and 

charter data;

(10) If charter operations are authorized, except as otherwise provided in the applicable aviation agreement, comply 

with the Department's rules governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be 

prescribed by the Department, with all applicable orders or regulations of other U.S. agencies and courts, and with all 

applicable laws of the United States.

This authority shall not be effective during any period when the holder is not in compliance with the conditions 

imposed above. Moreover, this authority cannot be sold or otherwise transferred without explicit Department approval 

under Title 49 of the U.S. Code.

12/2007
Appendix C

The code-share operations authorized here are subject to the following conditions:

(a) The statements of authorization will remain in effect only as long as (i) SAA and US Airways continue to hold the 

necessary underlying authority to operate the code-share services at issue, and (ii) the code-share agreement 

providing for the code-share operations remains in effect.

(b) SAA and/or US Airways must promptly notify the Department (Office of International Aviation) if the code-share 

agreement providing for the code-share operations is no longer effective or if the carriers decide to cease operating 

all or a portion of the approved code-share services. Such notices should be filed in Docket DOT-OST-2012-0189.

8

(c) SAA and/or US Airways must notify the Department no later than 30 days before they begin any new code-share 

service under the code-share services authorized here. Such notice shall identify the market(s) to be served and the 

date on which the service will begin. Such notices should be filed in Docket DOT-OST-2012-0189.

9

(d) The code-sharing operations conducted under this authority must comply with 14 CFR 257 and with any 

amendments to the Department’s regulations concerning code-share arrangements that may be adopted. 

Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned 

upon the requirements that the subject foreign air transportation be sold in the name of the carrier holding out such 

service in the computer reservation systems and elsewhere; that the carrier selling such transportation (i.e., the 

carrier shown on the ticket) accept responsibility for the entirety of the code-share journey for all obligations 

established in its contract of carriage with the passenger; that the passenger liability of the operating carrier be 

unaffected; and that the operating carrier shall not permit the code of its U.S. code-sharing partner to be carried on 

any flight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation 

Administration has issued a flight prohibition.

(e) The authority to operate to third countries is subject to the condition that any service provided under the statement 

of authorization shall be consistent with all applicable agreements between the United States and the foreign 

countries involved. Furthermore, (i) nothing in the award of this statement of authorization should be construed as 

conferring upon US Airways rights (including code-share, fifth freedom intermediate and/or beyond rights) to serve 

markets where U.S. carrier entry is limited unless US Airways notifies the Department of its intent to serve such a 

market and unless and until the Department has completed any necessary carrier selection procedures to determine 

which carrier(s) should be authorized to exercise such rights; and (ii) should there be a request by any carrier to use 

the limited-entry route rights that are included in the authority of US Airways by virtue of the statement of 

authorization granted here, but that are not then being used by US Airways, the holding of such authority will not be 

considered as providing any preference for US Airways in a competitive carrier selection proceeding to determine 

which carrier(s) should be entitled to use the authority at issue.10

(f) The authority granted here is specifically conditioned so that neither SAA nor US Airways shall give any force or 

effect to any contractual provisions between themselves that are contrary to these conditions.

We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

 8 We expect this notification to be received within 10 days of such non-effectiveness or of such decision. 9 The joint applicants state that SAA initially plans to display the “US” designator (1) on SAA flights between New York and 

Washington, DC and Johannesburg via Dakar and beyond to points within South Africa; (2) on SAA’s London/Munich/FrankfurtJohannesburg services, which will connect with US Airways’ services from Philadelphia to those cities; and (3) on SAA flights.to 

points in South Africa beyond Johannesburg. US Airways plans to display the “SA” code on flights it operates beyond New York 

and Washington to points within the U.S., and on flights between London and Philadelphia.

10 The notice in paragraph (b) above can be used for this notification.