U.S. Department of Transportation
Office of the Secretary of Transportation GENERAL COUNSEL October20, 2009

CertifiedMail

- ReturnReceiptRequested

Ms. AnitaM. Mosner Ms. SophyChen Attorneys for SouthAfricanAirways 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 ofLaw Waiver Detennination Request Concerning Provisions of 14 CFR 382.117 DearMs. 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 ofthe Department ofTransportation's (Department) Air Carrier Access Act (ACAA) regulation, 14 CFR Part 382. Theprovisions ofPart 382 for which reliefis 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'sresponse to ourrequest for further infonnation as outlinedbelow.

Section 382.9 states that a foreign air carrier may request a conflict of law waiver from the Department ifthe carrier believes that a provision ofthe law ofa foreign nation precludes the carrier from complying with a provision ofPart 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 deafpassengers. The carrier asserts that these legal prohibitions have been implemented in its Operations Manual and thus, it cannot comply with the requirement ofsection 382.117(a) to accommodate service animals other than guide dogs that accompany blind or deafpassengers. The carrier did not, however, provideorcite any specific South Africanregulations as thebasis ofits request.

I SAAprovides the following excerpt from its Operations Manual, section 9.2.2.7.4: "Live animals (other than guide dogs) are notpermitted to be carried inthe Cabin orFlight Deckon any SAA revenue flight, due to health and safety regulations."2

Under section 382.9(c) a conflict oflawwaiver must include: 1) a copyin English ofthe foreign law involved; 2) a description ofhow the foreign law applies and how it precludes compliance with a provision ofPart 382; and 3) a description ofthe alternative means the carrier will use, if the waiver is granted, to effectively achieve the objective ofthe provision subject to the waiver

or ajustification ofwhy it would be impossible to achieve this objective in any other way. As SAA has failed to satisfy the elements ofa conflict oflaw 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 ofthe sections of its Operations Manual implementing the allegedly conflicting South African laws. We ask that you respond with the requested information within 15 days ofthe date ofthis letter.

Ifyou have any questions about this matter, please contact Blane Workie, ofmy staff, or me at (202) 366-9342. Youmay also reachus byfax at (202) 366-7152.

Sincerely,

# ~ Samuel Podberesky Assistant General Counsel for

Aviation Enforcement and Proceedings