UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on February 18 , 20 1 1



### NOTICE OF ACTION TAKEN

-- DOCKET S 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 i ssued in this matter).

Applicant : SOUTH AFRICAN AIRWAYS (PTY) LIMITED (SAA)

Date Filed: March 12, 2007, as amended February 2

, 2 0 1 1

Relief requested:

Docket DOT

- OST

- 2002

- 13366: Renewal of exemption from 49 USC §41301 to permit the applicant to c onduct 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.

Dockets DOT

- OST

- 1999

- 6555 and DOT

- OST

- 2000

- 6756: Renewal an d amendment of e xemption from 49 USC § 41301 to permit the applicant 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)

Johanne sburg/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 Janiero, 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; 1 2 and ( g ) serve Los Angeles/New Y ork/Miami/Atlanta/Washington, D.C. on a coterminal basis; and (2) conduct charters in accordance with Part 212 of the Department’s regulations.

If renewal, date and citation of last action: March 21, 2005 , in th ese D ocket s

.

Applicant representative: Anita M. Mosner

, (202) 955

- 3 000 DOT ana lyst: Brett D. Kruger 202

- 366

- 8025

Responsive pleadings: Delta Air Lines , Inc. (Delta) filed an answer to SAA’s original su bmission of March 12, 2007,

which it has since withdrawn . We received no answers to SAA’s February 2, 2011, amended request for authority.

DISPOSITION

Action: Approved. Action date: February 18 , 20 11

Effective dates of authority granted: February 18 , 20 11 , through February 18 , 20 1 3

.

Basis for approval (bil ateral agreement/reciprocity): United States

- South Africa Air Transport Agreement

Except to the extent ex empted/waived, this authority is subject to the terms, conditions, and limitations of our standard exemption conditions (attached) and the code

- share conditions previously imposed on SAA

.

1 SAA’s existing exemption auth ority permits it to, among other things, serve 25 named U.S. points beyond Atlanta, Georgia, on a

code

- share basis with Delta. SAA seeks here to amend that portion of its exemption authority to permit it to serve 25 named U.S. points beyond any of its aut horized gateways on a code

- share basis with any U.S. carrier code

- share partner

. 2 We note that the U.S. code

- share points may be changed in accordance with the terms of the U.S.

- South A frica Air Transport Agreement.Action taken by: Paul L. Gretch, Director, Office of Internatio nal Aviation

________________________________________________________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith Departme nt policy; (2) the applicant was 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 an d

Con servation 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.

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 effec tive 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

### Foreign Carrier Exemp tion 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 suc h 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 fli ghts) 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 I IR of its pla ns 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 airw orthiness 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 Wars aw 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 a ny 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 agre ed 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 authorize d 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 requi red 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.

1 2/2007