U.S. Department of Transportation GENERAL COUNSEL 

### April 22, 2013 1200 New JerseyAvenue, SE Washington, DC 20590 Office of the Secretary ofTransportation

Certified Mail-Return Receipt Requested

Anita M. Mosner Counsel to South Alhcan Ainvays Holland & Knight LLP 2099 Pennsylvania Avenue. N.W. Suite I00 Washington. D.C. 20006-68()1

Dear Ms. Mosner: (**·_~)**

Re: Conflict ofLaws Waiver Requt:st Concerning 14 CFR 382.17**~..** ' '

. ..

This letter concerns the September l0. 2008. request 

# or South African Airways (SAA) l()r a conllic1 of laws waiver concerning the prohibition against limiting the numbt!r of passengers with a disability on a t1ight contained in 14 CFR 382.17 ofthe Department ofTranspmtation·s Air Carrier Access Act (1\CAA) regulation. The Depal'tment has already responded to SAA·s request for a conflict of laws waiver concerning the service animal provisions contained in 14 CFR 382.117 and the seating t()r passengers vvith a disability provisions contained in 14 CFR 

### 382.87. The Department is continuing to review· the carrier's requests concerning various other provisions 

### of Part 382. For the reasons discussed below. we are granting SAA's request f<H a conflict oflav.-s waiver from section 382.17 on t1ights covered by section 382.17. 

### Request for Conflict ofLaws Waiver

SAA asserts a conflict hel\.vcen section 382.17. which does not allow a carrier to set limits on the number ,>f passengers with disabilities who travel on a flight. and Article I21.07.35( 1 ) 1 of the South Afi-ican Civil Aviation Regulations {SACAR). which expressly limits the number 

### of disabled passengers that are pennitted on a Jlighl. Under SACAR 121.07.35(1 ). 

## ""ltJhe maximum

1At the time SAA submitted the t:ar-ricr·s conflict orlaw rcqul!st to ouroflke. this section was Article 121.07.16(J) ofthc South Afi·icun Civil Aviation Regulation (SACAR). The SACAR was revised in2011 and this section was renumbered as Article 121.07.35(I). Based on information provided to our office by SAA. no substantive changes were made to this section ofthe law.number of passengers with a disability, unaccompanied minors, or a combination of such passengers and minors. which maybe canied by the operator ofa large commercial air transport aeroplane. is limited to one per unit of20 passengercapacity orpartthereofto a maximum of 

### 10 such passengers or minors." Because SACAR 121.07.35(1) expressly limits the number of passengers with disabilities that are permitted on a flight. SAA asserts that a conflict exists that prohibitsthe catTier from complyingwith both section 382.17 and SACAR 121.07.35(1).

In the section on Conflict ofLaw Waivers and Equivalent Alternative Determinations in the preamble to the final rule (73 Fed. Reg. at 27616), and 

### in the Section-by-Section Analysis discussion ofsection 382.9 (73 Fed. Reg. at 27646-27647), the Department states that a foreign law that requires a foreign carrier to do something prohibited by Part 382, or that prohibits a foreign carrierfrom doing somethingrequiredby Part 382, is an appropriate subject fora conflict oflaws waiver. Section 382.17 specificallymandatesthat a catTier '·mustnot limit the number of passengers with a disability who travel on a flight." Thus. SAA cannot simultaneously comply with both SACAR 121.07.35(1) and section 382.17 as the limits on the number ofpassengers with disabilities pem1itted on a flight in SACAR 121.07.35(1) directly conflict with the requirements of section 382.17. Since SACAR 121.07.35(1) .requires SAA to do something prohibited by Part 382, the Department has determined that a conflict oflaws does exist and is granting SAA's conflictoflawswaiverrequestfor section 382.17.

Ifyou have any questions about this matter, please contact MaeganJohnson or Kathleen BlankRiether. ofmy staff, at (202) 366-9283.

Samuel Podberesky Assistant General Counsel for

AviationEnforcementand Proceedings



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