UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on December 4, 2012

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).

Joint Applicants: AIR CANADA and SOUTH AFRICAN AIRWAYS (PTY) LIMITED (SAA)

Date Filed: November 15, 2012.

Relief requested: 

(1) Statement of authorization under 14 CFR Part 212 for an indefinite period to permit Air Canada to display the “SA” designator 

code of SAA on 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 and 

(2) Statement of authorization under 14 CFR Part 212 for an indefinite period to permit SAA to display the “AC” designator code of 

Air Canada on SAA-operated flights between Johannesburg, South Africa and SAA’s U.S. gateways that connect with Air Canada’s 

service to Canada.3

 

The joint applicants also request a waiver of the 45-day advance filing requirement under 14 CFR Part 212.

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

DOT analyst: Brett D. Kruger, 202-366-8025

Responsive pleadings: None.

DISPOSITION

Action: Approved in part (subject to conditions), dismissed in part; see Remarks below.

Action date: December 4, 2012

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

December 4, 2012, for an indefinite period.

The statement of authorization permitting Air Canada to display the SAA code is effective December 4, 2012, through December 4, 

2013.

Our action granting a waiver of the 45-day advance filing requirement under 14 CFR Part 212 is effective December 4, 2012. 

Basis for approval (bilateral agreement/reciprocity): The authority granted for the Air Canada code to be displayed on the SAAoperated flights is consistent with the U.S.-Canada Air Transport Agreement. The authority granted for the SAA code to be displayed 

on the Air Canada-operated flights is consistent with the overall state of aviation relations between the United States and South Africa.

Special conditions/Remarks: 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 the statement of authorization permitting Air Canada to display the SAA code for one-year, consistent with our usual policy 

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

2 The joint applicants state that SAA will not carry local traffic between the U.S. and Canada.

3 The joint applicants state that Air Canada will not carry local traffic on such flights.
of granting extrabilateral authority in the circumstances presented. In that regard, 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
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.

 4 The joint applicants provided notice of their 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. The applicants further stated that SAA will 

display the “AC” code on flights between Johannesburg and New York, which will connect with Air Canada’s service to Toronto.

5 We expect this notification to be received within 10 days of such non-effectiveness or of such decision.