ffmalag^p-1ip 12 July 2011

lAtu2l257tJE

Assistant General Counsel for Aviation Enforcement and Proceedings

C-70 U.S. Department of Transportation

1200 New Jersey Avenue SE.

Room W96-322

Washington, DC 20590.

Dear Sir

PART 382 - REQUEST FOR WAIVER - 14 CFR 382.117

Pursuant to 14 C.F.R. S 382.9, Malaysian Airline System Berhad ("MAS"), a Malaysian flag

carrier, hereby submits the following request for a waiver from complying with '14 C.F.R. S

382.117, which would otherwise require MAS to transport service animals in the cabin of MAS'

aircraft on flights between the U.S. and Malaysia. Our request is based on a recent change in

Malaysian law that prohibits directly the carriage of any live animal in the cabin of a Malaysian

aircraft.

In support of this conflict-of-law waiver request, MAS submits the following:

Provision of Part 382 involved: Section 382.117 (Service Animals)

Copv of the foreiqn law involved: Regulation 76 (1)of the Malaysian Civil Aviation Regulations,

which is attached as Appendix A.

Description of how the foreion law applies and how it precludes compliance with Part 382:

1. The application of Regulation 76(1) is as follows.

a. A person is not allowed to carry any live animals in the cabin of a Malaysian

aircraft for the purpose of public transport; and

b. lt also applies to any aircraft operated by or on behalf of a Malaysian carrier; and

c. The law requires that any live animals are to be carried in the aircraft cargo hold

in accordance with IATA Live Animal Regulations.

2. As 14 C.F.R. S 382.1'17 requires carriers to permit service animals to accompany

passengers with disabilities in the cabin of an aircraft, Malaysian Regulation 76('1)will

directly preclude us from complying with section 382.117.

MAT.AYSIAN AIRt.t\t, st SI'UM llt.RHAt) { t060t-\\ r

3"r Floor. Atlnrinistratron tluiltling | . \i,\\ i. (inrplc\ .\. Sultan :\brlLrl ..\zrz Siririr .\rr'ptrt

472{X) Subang. Se liLngor l)arLrl I its.rrr \1..\l \\'Sl,\ (;.1' ( ) lJor l{)i I l. ){)'i l(r

lcl I l(X) 8li iil()(). rfr()i) 78J(r l(XX) ((il.)

Wcbsitc .rt ri'tl rnrrllrvsraitirlilre s.cont
tAiu2i?5?iJ[:

Page 2 *f 2

Alternative Means of Compliance

Notwithstanding that the above Malaysian regulation directly prohibits us from carrying any

animal whatsoever in the passenger cabin of an MAS aircraft, MAS nevertheless does offer

alternative means of accommodating a passenger with reduced mobility's needs and comfort in

this respect. As an alternative, MAS has the facility to accommodate service animals in the

cargo hold as checked baggage in addition to the free baggage allowance and in accordance to

IATA Live Animals Regulations (LAR).

Thank you for your consideration of this waiver request Please let us know if you have any

questions or require additional information.

Sincerely

MALAYSIAN AIRLINE SYSTEM BERHAD

GermaNSi Khera

SENIOR PRESIDENT

INTERNATI AFFAIRS

1 ) Tuan Yang Terutama Dato' Sri Dr. Jamaludin Jarjis

Ambassador

EMBASSY OF MALAYSIA

3516 International Court, N.W.

Washington D.C. 20008.

Tel'. 1 202 572 9700 | Fax'. 1 202 572 9BB2

E-mail: malwashdc@kln.qov.mv c/o Asnah Abu Bakar, PA to Ambassador

Mr. Nekmat lsmail

Consul General

CONSULATE GENERAL OF MALAYSIA

550 South Hope Street, Suite 400

Los Angeles, CA 90071.

Tel. 1213 892 1238lFax. 1 2138929031

E-mail: mwla@pacbell.net c/o Fadhlin Jaffar, PA to Consul General

z )