U.S. Department 

of Transportation 

GENERAL COUNSEL 

April 22, 2013 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Office of the Secretary 

of Transportation 

Certified Mail-Return Receipt Requested 

Anita M. Mosner 

Counsel to South Alhcan Ainvays 

Holland & Knight LLP 

2099 Pennsylvania Avenue. N.W. 

Suite I 00 

Washington. D.C. 20006-68()1 

Dear Ms. Mosner: 

( ·_~) 

Re: Conflict of Laws Waiver Requt:st 

Concerning 14 CFR 382.17 

~.. ' ' . . . 

This letter concerns the September l 0. 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 of the Department of Transpmtation · 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 of lav.-s waiver from section 382.17 on t1ights covered by section 382.17. 

Request for Conflict of Laws 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 I 21.07.35( 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 

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At the time SAA submitted the t:ar-ricr·s conflict or law rcqul!st to our oflke. 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 of the law. 
number of passengers with a disability, unaccompanied minors, or a combination of such 

passengers and minors. which may be canied by the operator of a large commercial air transport 

aeroplane. is limited to one per unit of 20 passenger capacity or part thereof to a maximum of 1 0 

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 

prohibits the catTier from complying with both section 382.17 and SACAR 121.07.35(1). 

In the section on Conflict of Law 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 of section 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 carrier from doing something required by Part 382, is an appropriate subject for a conflict 

of laws waiver. Section 382.17 specifically mandates that a catTier '·must not 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 of passengers 

with disabilities pem1itted on a flight in SA CAR 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 of laws does exist and is 

granting SAA's conflict oflaws waiver request for section 382.17. 

If you have any questions about this matter, please contact Maegan Johnson or Kathleen BlankRiether. of my staff, at (202) 366-9283. 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

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