U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

October 20, 2009 

Certified Mail - Return Receipt Requested 

Ms. Anita M. Mosner 

Ms. Sophy Chen 

Attorneys for South African Airways 

Holland & Knight LLP 

2099 Pennsylvania Avenue, N.W., Suite 100 

Washington, D.C. 20006-6801 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Conflict of Law Waiver Detennination 

Request Concerning Provisions of 

14 CFR 382.117 

Dear Ms. Mosner and Ms. Chen: 

This letter concerns South African Airways' (SAA) September 10, 2008, request for a conflict of 

law waiver under section 382.9 of the Department of Transportation's (Department) Air Carrier 

Access Act (ACAA) regulation, 14 CFR Part 382. The provisions of Part 382 for which relief is 

requested pertain to the accommodation of service animals accompanying passengers with 

disabilities in section 382.117(a). The Department is continuing to review SAA's requests 

concerning various other provisions of Part 382. At this time, we are neither granting nor 

denying South African's conflict of law waiver request from section 382.117(a) pending the 

carrier's response to our request for further infonnation as outlined below. 

Section 382.9 states that a foreign air carrier may request a conflict of law waiver from the 

Department if the carrier believes that a provision of the law of a foreign nation precludes the 

carrier from complying with a provision of Part 382. SAA asserts a conflict between section 

382.117(a) and South African health and safety regulations implemented in the carrier's 

Operations Manual.' Section 382.117(a) generally requires a carrier to pennit a service animal, 

including an emotional support or psychiatric service animal, to accompany a passenger with a 

disability. SAA asserts that South African health and safety regulations prohibit carriers from 

carrying live animals in the passenger cabin other than guide dogs for blind or deaf passengers. 

The carrier asserts that these legal prohibitions have been implemented in its Operations Manual 

and thus, it cannot comply with the requirement of section 382.117(a) to accommodate service 

animals other than guide dogs that accompany blind or deaf passengers. The carrier did not, 

however, provide or cite any specific South African regulations as the basis of its request. 

I SAA provides the following excerpt from its Operations Manual, section 9.2.2.7.4: "Live animals (other than guide 

dogs) are not permitted to be carried in the Cabin or Flight Deck on any SAA revenue flight, due to health and safety 

regulations. " 
2 

Under section 382.9(c) a conflict oflaw waiver must include: 1) a copy in English of the foreign 

law involved; 2) a description of how the foreign law applies and how it precludes compliance 

with a provision of Part 382; and 3) a description of the alternative means the carrier will use, if 

the waiver is granted, to effectively achieve the objective of the provision subject to the waiver 

or a justification of why it would be impossible to achieve this objective in any other way. As 

SAA has failed to satisfy the elements of a conflict of law waiver request specified in section 

382.9(c), we are unable to make a determination on its conflict of law waiver request from 

section 382.1 17(a). In order for the Department to make a determination, SAA must send the 

information outlined above. In addition, we request that SAA include a copy of the sections of 

its Operations Manual implementing the allegedly conflicting South African laws. We ask that 

you respond with the requested information within 15 days of the date of this letter. 

If you have any questions about this matter, please contact Blane Workie, of my staff, or me at 

(202) 366-9342. You may also reach us by fax at (202) 366-7152. 

~ 

Sincerely, 

Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings