UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on April 26 , 20 1 2



### NOTICE OF ACTION TAKEN

-- DOCKET S 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).

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

Date Filed: April 3, 2012

Relief requested: Amendment of exemption from 49 USC §41301 to permit the applicant to provide code

- sharing service beyond the United States to third countries on a blind

- sector basis. 1 2

D ate and citation of last action: February 18, 2011 , 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: None

.

DISPOSITION

Action : Approved. Action date: April 26 , 20 1 2

Effective dates of authority granted: April 26 , 20 1 2 , through February 18 , 20 1 3

. 3

Basis for approval (bil ateral 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 exemption conditions (attached) and the code

- share conditions prev iously imposed on SAA

.

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 applicant was qualified to perform its proposed operations; (3) grant of the authority was consist ent with the public interest; and (4) grant of t he 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.

Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulati ons, 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 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 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 auth orized gateways, on a

code

- share basis with any U.S. carrier code

- share partner; and (g) serve Los Angeles/New York/Miami/Atlanta/Washington, D.C. on a coterminal basis; and (2) conduct charters in accordance with Part 212 of the Department’s regulations. See Notice of Action Taken dated February 18, 2011, in these Dockets.

2 See related application of JetBlue Airways Corporation (JetBlue) in Docket DOT

- OST

- 2011

- 0017, for an amended statement of authorization. We are acting on that request concurrently.

3 We have granted the applicant’s request for amend ed exemption authority through February 18, 2013, coextensive with its existing exemption authority in these Dockets.

### 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 a uthorization 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 wit h 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 se curity, 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 refer red to as International Principal Security Inspector) to advise the I IR 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 re quirements 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 Administratio n’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 a t 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, includ e 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 i n 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 repor ting 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); an d

(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 o f 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 und er Title 49 of the U.S. Code.

1 2/2007