UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on January 2, 2014

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2012-0196

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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).

Applicant: AIR CANADA Date Filed: October 4, 2013

Relief requested: Renewal of statement of authorization under 14 CFR Part 212 to permit Air Canada to display the “SA” designator 

code of South African Airways (SAA) on certain flights operated by Air Canada1 between points in Canada and SAA’s U.S. 

gateways that connect with SAA’s service to South Africa. 

2 Air Canada requests that the statement of authorization be renewed for a

period of at least two years.

If renewal, date and citation of last action: December 4, 2012, in this Docket.

Applicant representatives: Anita M. Mosner and Jennifer M. Nowak, 202-419-2604 

DOT analyst: David R. Christofano, 202-366-0584

Responsive pleadings: None.

DISPOSITION

Action: Approved in part (one-year grant), remainder (request for longer-term authority) dismissed. (See remarks below).

Action date: January 2, 2014

Effective dates of authority granted: The statement of authorization permitting Air Canada to display the SAA code is effective 

January 2, 2014, through January 2, 2015.

Basis for approval (bilateral agreement/reciprocity): U.S.-Canada Air Transport Agreement. In addition, the authority granted for the 

SAA code to be displayed on Air Canada-operated flights is consistent with the overall state of aviation relations between the United 

States and South Africa.

Special conditions/Remarks: As noted in our action granting Air Canada’s initial request for this authority, the third-country 

code-share authority for the display of the SAA code on Air Canada flights beyond the United States requested here is not explicitly 

provided for under the U.S.-South Africa Air Transport Agreement. Therefore, we will grant renewal of the statement of 

authorization permitting Air Canada to display the SAA code for one-year, consistent with our initial action and our usual policy of 

granting extrabilateral authority in the circumstances presented. Therefore, we dismissed the application to the extent that it sought 

authority for a longer period.

Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of the code-share conditions 

attached as Appendix A.

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

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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 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

 1 Some flights may be operated by Jazz Aviation (Jazz) LP, displaying the Air Canada code.

2 Air Canada states that SAA will not carry local traffic between the U.S. and Canada.
Appendix A

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) Air Canada and SAA 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) Air Canada and/or SAA 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-2012-0196;

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(c) Air Canada and/or SAA must notify the Department immediately if the code-share agreement under which these 

code-share services are operated is no longer in effect 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-2012-0196;

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

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; and that the passenger liability of the operating carrier be unaffected;

(e) The authority granted here is specifically conditioned so that neither Air Canada nor SAA shall give any force or 

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

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

 3 Air Canada previously provided notice of its intent to display the “SA” code on Air Canada flights between Toronto and New 

York, which will connect with SAA’s service from New York to Johannesburg. 4 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.