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OST-97-2962 10/1/97 Application for an Emergency Exemption South Africa-Frankfurt-New York HTML
    Service List    
OST-97-2962 Posted 10/9/97 Notice of Action South Africa-Frankfurt-New York  
OST-96-1670 10/30/97 Application for Renewal of an Emergency Exemption Codeshare with American HTML
    Service List    
OST-96-1670 Posted 10/30/97 Notice of Action Taken Codeshare with American  
OST-97-3099 11/7/97 Application for an Exemption Codeshare with American  
    Attachment: South African Department of Transport - October 29, 1997    
    Service List    
OST-97-3099 Posted 12/8/97 Notice of Action Codeshare with American  
OST-97-3210 12/9/97 Application for an Emergency Exemption Johannesburg/Cape Town-Seattle, Cdoeshare with American HTML
       
    Service List    
OST-97-3210 Posted 12/18/97 Notice of Action Johannesburg/Cape Town-Seattle, Codeshare with American  
OST-95-799 OST-95-529 3/18/98 Application for Renewal of an Exemption and Statement of Authorization (1) Johannesburg, South Africa, and New York, New York, via the intermediate point Ilha do Sal, Cape Verde; (2) Johannesburg/Cape Town and Miami, Florida; and (3) Johannesburg and Los Angeles, California (and, on this Los Angeles route, to commingle blind sector traffic not moving in foreign air transportation between Johannesburg and Rio de Janeiro, Brazil HTML
    Service List    
OST-96-1670 October 29, 1998 Application for Renewal of Exemption Johannesburg/Cape Town-Philadelphia/Boston/Washington/Houston/Orlando/
San Francisco/Dallas-Fort Worth/Chicago/Atlanta via
New York and Miami - Codeshare with American Airlines
    Service List  
OST-95-529
OST-95-799
Undocketed
Filed March 18, 1998
Approved December 3, 1998
Notice of Action Taken Johannesburg/Cape Town-Philadelphia/Boston/Washington/Houston/Orlando/
San Francisco/Dallas-Fort Worth/Chicago/Atlanta via
New York and Miami - Codeshare with American Airlines
OST-97-3099
OST-97-3210
December 7, 1998 Application for Renewal and Amendment of Exemption Exemption Renewal and Codeshare with American
    Attachment A:  Department of Transport 10/29/97  
    Service List  
OST-97-3099
OST-97-3210
December 28, 1998 Supplement No. 1 to Application for Renewal and Amendment of Exemption South Africa-US Codeshare with American
    Attachment:  Letter from SA Dept of Transport to Hunnicutt, 12/22/98  
OST-99-5178 March 2, 1999 Re:  Renewal of Statement of Authorization Vitoria, Spain - New York (JFK)  All-Cargo Charters
    Foreign Air Carrier Application for Statement of Authorization  
    Service List  
OST-99-5178 Filed March 2, 1999
Issued March 15, 1999
Notice of Action Taken Vitoria, Spain - New York
(JFK) All-Cargo Charters
OST-99-6555 November 24, 1999 Application for Renewal of Exemption U.S.- South Africa
    Service List  
OST-99-6555
OST-99-6556
December 1, 1999 Re:  Diplomatic Note U.S.- South Africa
     Diplomatic Note   
     Service List  
OST-99-6555
OST-99-6556
OST-99-6558
OST-99-6559
December 6, 1999 Consolidated Answer of American Airlines U.S. - South Africa Third-Country Codeshare
OST-99-6556 December 6, 1999 Consolidated Answer of Continental Airlines

Scanned Copy

U.S. - South Africa Third-Country Codeshare
OST-99-6556
OST-99-6558
OST-99-6559
OST-99-6555
December 9, 1999 Reply of Delta Air Lines U.S.-South Africa Codeshare
OST-99-6555
OST-99-6556
December 9, 1999 Consolidated Reply of South African Airways U.S.- South African Codesharing
OST-00-7754 August 7, 2000 Application for Emergency Exemption  Lagos, Nigeria Intermediate Authority
OST-00-7754 August 7, 2000 Motion to Shorten Answer Time Lagos, Nigeria Intermediate Authority
OST-00-7754 August 9, 2000 Answer of United Air Lines Lagos, Nigeria Intermediate Authority
OST-00-7754 Filed August 7, 2000
Issued August 11, 2000
Notice of Action Taken Lagos, Nigeria Intermediate Authority
OST-99-6555 December 8, 2000 Application for Renewal of Exemption U.S.- South African Codesharing
    Service List  
OST-99-6555 Filed December 8, 2000
Issued December 13, 2000
Notice of Action Taken U.S.- South African Codesharing
OST-00-7754 December 29, 2000 Application for an Exemption Lagos, Nigeria Intermediate Authority
    Service List  
OST-00-7754 Filed December 29, 2000
Issued January 19, 2001
Notice of Action Taken Lagos, Nigeria Intermediate Authority
OST-95-201
OST-96-1670
OST-97-2783
OST-97-3099
OST-97-3210
OST-00-6851
Filed February 27, 1995
Filed October 29, 1998
Filed August 4, 1997
Filed December 9, 1997
Filed February 1, 2001
Dismissed August 2, 2001
Notice Dismissing Applications French West Indies- Puerto Rico/U.S. Virgin Islands/Miami; Johannesburg/ Cape Town- U.S.; Portugal- U.S.; South Africa- U.S.; Johannesburg/ Cape Town, South Africa- Seattle, Washington; U.S.- U.K.
OST-99-6555
OST-00-6756
December 17, 2001 Application for Renewal of Exemption US-South Africa / Codeshare with Delta Air Lines
    Service List  
OST-99-6555
OST-00-6756
Filed December 17, 2001
Issued January 18, 2002
Notice of Action Taken U.S.- South Africa / Codeshare with Delta Air Lines
         

July 3, 2003

OST-02-12556 - Designation of Agent for Service of Notices, Process, Orders, Decisions and Requirements

Designation of Agent

By: South African, Coleman Andrews


OST-99-6555
OST-00-6756

December 30, 2003

Application for Renewal of an Exemption

The Department of Transportation has authorized SAA to operate routes between the United States and the Republic of South Africa. SAA's exemption authority extends to foreign air transportation of persons, property, and mail service, as follows:

SAA also has been authorized to: (i) serve Atlanta, Fort Lauderdale, Los Angeles, Miami, New York, and Washington, DC on a co-terminal basis; (ii) serve twenty-five points in the United States pursuant to a code-share arrangement with Delta Air Lines, Inc.; and (iii) conduct foreign charter air transportation pursuant to 14 C.F.R. Part 212.

SAA is not seeking by this application an expansion or change to its exemption authority.

Counsel: Zuckert Scoutt, Frank Costello, 202-298-8660, fjcostello@zsrlaw.com


OST-98-3304 - Family Assistance Plans

March 8, 2004

Re: Amended Family Assistance Plan

Counsel: Zuckert Scoutt, Frank Costello, 202-298-8660, fjcostello@zsrlaw.com


OST-02-13366 - Exemption - South Africa-US (Adding Dakar, Senegal as an Intermediate Point)

August 20, 2004

Application for Renewal of an Exemption

The Department of Transportation has authorized SAA in this docket to operate services between the United States and Dakar, Senegal as an intermediate point on its authorized services between the U.S. and South Africa, and to display the "DL" designator code of Delta Air Lines, Inc. on such flights. SAA requests route integration authority to permit it to combine services authorized by its authority in this docket with all other SAA services authorized by the Department, to the extent permitted by applicable international agreements.

SAA is the only carrier that operates nonstop services between the United States and the Republic of South Africa. SAA's services provide travelers and shippers with increased options and fulfill needs that would not otherwise be met. Further, the code‑share agreement between SAA and Delta Air Lines, Inc. (and the latter's wholly‑owned Delta Connection subsidiaries Atlantic Southeast Airlines, Inc. and Comair, Inc.) makes Delta more competitive by expanding the cities that Delta serves.

Counsel: Zuckert Scoutt, Frank Costello, 202-298-8660, fcostello@zsrlaw.com


OST-02-13366 - Exemption - South Africa-US (Adding Dakar, Senegal as an Intermediate Point)
OST-00-6756 -
OST-99-6555 -

Filed August 20, 2004 and December 30, 2003 | Issued March 21, 2005

Notice of Action Taken | Word

Docket OST-2002-13366:  Renew exemption from 49 U.S.C. § 41301 to permit South African Airways (SAA) to conduct scheduled foreign air transportation of persons, property and mail between SAA’s U.S. gateways and Dakar, Senegal, as an intermediate point on SAA’s authorized U.S.-South Africa services.

Dockets OST-99-6555 and OST-2000-6756:  Renew exemption from 49 U.S.C. § 41301 to permit South African Airways to (1) engage in scheduled foreign air transportation of persons, property and mail between (a) Johannesburg, South Africa, and New York, New York, via Ilha do Sal, Cape Verde; (b) Johannesburg/Cape Town, South Africa, and Miami, Florida; (c) Johannesburg and Los Angeles, California (and, on this Los Angeles route, to commingle blind sector traffic not moving in foreign air transportation between Johannesburg and Rio de Janiero, Brazil); (d) Johannesburg/Cape Town, South Africa, via Ilha do Sal, Cape Verde, and Atlanta, Georgia; (e) Johannesburg/Cape Town and Ft. Lauderdale, Florida, on a coterminal basis with New York/Miami/Los Angeles/Atlanta services; (f) Johannesburg/Cape Town, and Washington, D.C., via Ilha do Sal, Cape Verde; (g) serve 25 named U.S. points beyond Atlanta, Georgia, on a codeshare basis with Delta Air Lines, Inc. (Delta) [1]; (h) serve Los Angeles/New York/Miami/Atlanta/Washington, D.C. on a coterminal basis; and (3) conduct charters in accordance with Part 212 of the Department’s regulations.

The 25 cities are:  Baltimore, Boston, Chicago, Cincinnati, Cleveland, Dallas/Ft. Worth, Denver, Detroit, Houston, Las Vegas, Minneapolis-St. Paul, New Orleans, Orlando, Philadelphia, Phoenix, Pittsburgh, Portland, Raleigh/Durham, St. Louis, Salt Lake City, San Diego, San Francisco, Seattle, Tampa, and West Palm Beach.

By: Paul Gretch


OST-2002-12556 - Designation of Agent

November 20, 2006

Designation of Agent for Service

Counsel: Holland & Knight, Anita Mosner


OST-2006-26485 - Exemption - Johannesburg-Chicago

November 28, 2006

Application for an Exemption

South African Airways (Pty) Limited d/b/a South African Airways hereby applies for an exemption from 49 U.S.C. § 41301, in order that SAA may provide scheduled foreign air transportation of passengers, property and mail between Chicago, Illinois and Johannesburg, South Africa. Because SAA would like to commence sale of this service in the near future, SAA is seeking expedited relief on this Application.

SM proposes to introduce scheduled service from Johannesburg to Chicago on or before May 1, 2007 using A 340-300 aircraft.

SM currently operates daily scheduled service between Johannesburg and New York, and between Johannesburg and Washington, D.C., for a total of 14 weekly frequencies. SM's new service will initially be operated four times per week. The Agreement authorizes carriers of South Africa to operate up to 21 weekly South Africa-US frequencies, which means that sufficient frequencies are available for SM to operate the service it proposes.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604, anita.mosner@hklaw.com


OST-2006-26485 - Exemption - Johannesburg-Chicago

November 30, 2006

Re: Polling Results

By Application dated November 28, 2006, South African Airways applied in this Docket for authority to provide scheduled international service between points in South Africa via intermediate points to Chicago, Illinois.

South African Airways has polled all interested parties. No party has objected to shortening the answer date, or to the Application itself. Thus, SAA respectfully requests that the Department promptly grant the authority it requests, so that it can hold our scheduled service between Johannesburg and Chicago via Dakar.

SAA presently holds authority to serve Dakar, Senegal as an intermediate point to its authorized US gateways. See Notice of Action Taken dated March 21, 2005 (Docket OST-2002-13366).

Counsel: Holland Knight, Anita Mosner, 202-419-2604, anita.mosner@hklaw.com


OST-2006-26485 - Exemption - Johannesburg-Chicago

Filed November 28, 2006 | Issued December 6, 2006

Notice of Action Taken

Exemption from 49 USC § 41301 to engage in scheduled foreign air transportation of persons, property, and mail between Johannesburg, South Africa, and Chicago, Illinois, via intermediate points.

By letter dated November 30, 2006, and filed in this Docket, SAA states that it initially plans to operate its Johannesburg-Chicago service via the authorized intermediate point of Dakar, Senegal. SAA also states that it intends to offer service to points beyond Chicago pursuant to its code-share arrangement with United Air Lines, Inc. See Notice of Action Taken dated October 11, 2006 in Dockets OST-2005-22618 and OST-2005-22619, and Notice of Action Taken dated December 23, 2005, in Dockets OST-2005-22618, OST-2005-26619, OST-1999-6555 and OST-2000-6756.

By: Paul Gretch


OST-2005-22618 - US-South Africa Codesharing
OST-2000-6756 - US- South Africa Codesharing
OST-1999-6555 - US- South Africa
OST-2006-26485 - Exemption - Johannesburg-Chicago

January 4, 2007

Application for Amendment of Exemption

On September 29, 2005, South African Airways (Pty) Limited applied in Docket OST-2005-22618 for authority to implement its code-sharing relationship with United Airlines, Inc., and in Dockets OST-1999-6555 and OST-2000-6756 to amend its underlying exemption authorities to permit these cooperative services. By Notice of Action Taken dated December 23, 2005, the Department approved these requests, including granting SAA authority to hold out service to 25 points in the United States beyond its US gateways pursuant to its code-share arrangement with United.

In the December 2005 NOAT, the Department granted SAA's request to code-share on United flights to authorized points beyond SAA's US gateways. In a footnote in that NOAT, the Department expressly recognized that certain of the "beyond" points at issue might be serve either by United itself or by a United Express commuter carrier.

SAA believes that the authority it holds contemplates SAA's holding out service to points in the United States by code-sharing on services operated by United or a United Express commuter carrier. However, out of an abundance of caution, and to the extent necessary, SAA hereby requests that the Department amend its exemption authorities to expressly authorize SAA to hold out service to points in the United States pursuant to a codeshare arrangement with United or any current or future United Express carrier.

Approval of this authority would be entirely consistent with the public interest. By granting SAA the flexibility to hold out service to its authorized points in conjunction with either United or any current or future "United Express" commuter carrier, the Department will eliminate the need to grant successive approvals necessitated by changes in the service patterns offered by United and/or its commuter partners. Accordingly, this Application should be granted without delay.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604, anita.mosner@hklaw.com


OST-2005-22618 - US-South Africa Codesharing
OST-2000-6756 - US- South Africa Codesharing
OST-1999-6555 - US- South Africa
OST-2006-26485 - Exemption - Johannesburg-Chicago

January 10, 2007

Re: Polling Results

On behalf of South African Airways (Pty) Limited, I have polled the representatives of all carriers on the service list attached to the Application of SAA filed January 4, 2007, in the above-referenced dockets. All carriers' representatives have advised me that they have no objection to the granting of this application.

Counsel: Wilmer Hale, Caryn Garvin, 202-663-800


OST-2007-26817 - Statements of Authorization - Codesharing with South African Airways
OST-2005-22618 - South African - US-South Africa Codesharing
OST-2000-6756 - South African - US- South Africa Codesharing
OST-1999-6555 - South African - US- South Africa
OST-2006-26485 - South African - Exemption - Johannesburg-Chicago

Filed January 4, 2007 | Issued January 30, 2007

Notice of Action Taken

Amendment: Scheduled service to 25 named U.S. points beyond SAA’s U.S. gateways on a code-share basis in conjnnction with any current or future United Express carrier.

Blanket Statements of Authorization: Display SAA’s “SA“” designator code on flights operated by any of the Joint Applicants as a United Express carrier between SAA’s coterminal U.S. gateways, as well as between each of those U.S. gateways, on the one hand, and points in the United States, on the other hand, and beyond to points in third countries without local traffic right.

By: Paul Gretch


OST-1999-6555 - Exemption - US-South Africa
OST-2000-6756 - Exemption - US-South Africa Codesharing with Delta
OST-2002-13366 - Exemption - South Africa-US Codesharing with Delta (Adding Dakar, Senegal as an Intermediate Point)

March 12, 2007

Application for Renewal of Exemptions

South African Airways (Pty) Limited hereby applies for renewal of several of its existing exemptions from 49 U.S.C. § 41301, which permit SAA to operate scheduled and charter foreign air transportation services between the United States and South Africa. SAA requests that the Department renew these exemptions for at least two years.

SAA's current exemption authority permits it to engage in scheduled foreign air transportation of persons, property, and mail between:

  1. Johannesburg and New York, New York via llha do Sal, Cape Verde;
  2. Johannesburg/Cape Town and Miami, Florida;
  3. Johannesburg and Los Angeles, California (and on this Los Angeles route, to commingle blind sector traffic not moving in foreign air transportation between Johannesburg and Rio de Janeiro, Brazil);
  4. Johannesburg/Cape Town via lIha do Sal, Cape Verde, and Atlanta, Georgia; and
  5. Johannesburg/Cape Town and Washington, D.C., via lIha do Sal, Cape Verde

SAA previously held authority to provide scheduled service between South Africa and Ft. Lauderdale. SAA since has obtained authority to hold out service between South Africa and Chicago, Illinois, substituting Chicago for Ft. Lauderdale as one of SAA's U.S. gateway picks. The Department also has authorized SAA to (i) serve Los Angeles, New York, Miami, Atlanta, and Washington, D.C. on a co-terminal basis; (ii) serve 25 named U.S. points beyond its U.S. gateways on a code-share basis in conjunction with a U.S. partner; and (iii) conduct foreign charter air transportation in accordance with Part 212 of the Department's regulations.

The authorities listed above are scheduled to expire on March 21, 2007. By this Renewal Application, SAA requests that the Department renew these exemptions for at least two years.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com


OST-1999-6555 - Exemption - US-South Africa
OST-2000-6756 - Exemption - US-South Africa Codesharing with Delta
OST-2002-13366 - Exemption - South Africa-US Codesharing with Delta (Adding Dakar, Senegal as an Intermediate Point)

March 13, 2007

Answer of Delta Air Lines

Delta is constrained to file this Answer objecting to the renewal application unless and until the Government of South Africa grants Delta's six-month old request to use its entire fleet of B-767-300ER aircraft for its bilaterally authorized service between the United States and South Africa.

When Delta originally applied to operate service between Atlanta and Johannesburg, it proposed to utilize a B-777 aircraft. Delta revised its service plan and three months before the start date of its service, in September 2006, Delta filed a request with the Government of South Africa to use any of its 59 B-767 aircraft on the route.

Delta must have the flexibility to use its entire B-767 fleet to serve the South Africa route because Delta does not dedicate particular aircraft to particular international routes. Therefore, Delta requested that its entire B-767 fleet be authorized to serve the South Africa route.

Delta received provisional approval to use only 20 B-767 aircraft for the South Africa route, which enabled Delta to inaugurate its service in December. However, as the busy peak season approaches, Delta's inability to use its entire 59 aircraft B-767 fleet to fund its South Africa service is imposing unnecessary hardship on Delta and causing onerous aircraft scheduling difficulties and complexities.

The failure of the South African Government to take timely action on Delta's request at a minimum constitutes a failure of reciprocity, if not an outright violation of the U.S.-South Africa Air Transport Services Agreement.

The Department should not countenance continued delay and should send a clear message to the South African Government that no approvals shall be granted for South African Airways unless and until Delta's long pending request is approved.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com


OST-1999-6555 - Exemption - US-South Africa
OST-2000-6756 - Exemption - US-South Africa Codesharing with Delta
OST-2002-13366 - Exemption - South Africa-US Codesharing with Delta (Adding Dakar, Senegal as an Intermediate Point)

March 29, 2007

Reply of South African Airways

Delta asserts that the CAA has either delayed or withheld approval of Delta's ability to use all aircraft in its B-767 fleet when flying to/from South Africa, and instead has certified only a limited number of aircraft for such operations. See, Answer of Delta dated March 13, 2007, at 2. Delta asserts that its request has been pending since September 2006. Although SAA does not believe that renewal of its bilaterally-authorized rights should be in any way linked with Delta's compliance with CAA rules, SAA in recent weeks has urged its CAA and Department of Transport to work cooperatively with Delta to resolve Delta's concerns.

In response to SAA's inquiry, the South African DOT indicated that Delta's application to add additional aircraft to its fleet was filed in December 2006, and was not complete. The South African DOT has indicated its willingness to approve a completed Delta application on an expedited basis.

Counsel for SAA has conferred with counsel for Delta. There apparently is some controversy about when Delta did (or did not) file the needed paperwork with the CAA, and whether that paperwork was complete as filed. Regardless of whether Delta's application was filed in September 2006 (as it claims), or in December 2006 (as the DOT believes), SAA believes that the key issue is that the Government of South Africa is aware of this issue, and does not in any way object to certifying Delta's full B-767 fleet for service to South Africa provided that all of the underlying requirements are met. SAA understands that the CAA has been in contact with Delta's local counsel, and is attempting to resolve Delta's issues.

Renewal of SAA's right to serve the United States should not be affected by the issue here. The CAA does not object to Delta's efforts to add additional aircraft to its operating certificate as a matter of principle or law. The CAA has stated that it would have no difficulty in granting Delta's request once the appropriate documentation has been filed. In SAA's view, this statement should hopefully resolve this matter.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com


OST-1999-6555 - Exemption - US-South Africa
OST-2000-6756 - Exemption - US-South Africa Codesharing with Delta
OST-2002-13366 - Exemption - South Africa-US Codesharing with Delta (Adding Dakar, Senegal as an Intermediate Point)

April 3, 2007

Surreply of Delta Air Lines

Delta Air Lines appreciates the desire of South African Airways to obtain expedited action on its renewal application. However, SAA's reply does not correctly characterize the facts relating to Delta's unsuccessful efforts to obtain approval from the South African Government to operate its fleet of B‑767‑300 aircraft as it is authorized to do under the bilateral Air Transport Agreement. Although SAA claims that "the Government of South Africa is aware of this issue, and does not object to certifying Delta's full B‑767‑300 fleet for service to South Africa", the continued delay in doing so‑now extending to 6 months is inexcusable.

Counsel: Hogan & Hartson, Robert Cohn, 202-637-4999, recohn@hhlaw.com


OST-1999-6555 - Exemption - US-South Africa
OST-2000-6756 - Exemption - US-South Africa Codesharing with Delta
OST-2002-13366 - Exemption - South Africa-US Codesharing with Delta (Adding Dakar, Senegal as an Intermediate Point)

April 11, 2007

Additional Response of South African and Motion for Leave to File

Delta continues to assert that the CAA has either delayed or withheld approval of Delta's ability to use all aircraft in its B-767 fleet when flying to/from South Africa, and urges DOT to delay or withhold renewal of SAA's US licenses until its own situation is resolved. SAA respectfully requests leave to file this brief additional comment in order to refute some of the claims that Delta has raised, and again, to remind the Department that Delta's compliance with local South African CAA regulations and SAA's bilaterally authorized route authorities are unrelated to each other, and should in no way be linked.

As SAA previously has stated, the renewal of SAA's licenses to serve the United States should not be affected by the issue here. SAA and the CAA do not object to Delta's efforts to add additional aircraft to its operating certificate as a matter of principle or law. The CAA has stated that it would have no difficulty in granting Delta's request once the appropriate documentation has been filed. Just as the US Federal Aviation Administration would require certain documentation from foreign air carriers before adding aircraft to their operations specifications, the South African CAA has required Delta to do the same.

SAA urges the Department to resist Delta's demand that it take any sort of punitive action against SAA. SAA is merely a bystander here. Moreover, from SAA's perspective, it would be prudent for DOT not to link issues relating to economic rights to those relating to compliance with technical or safety rules. Accordingly, DOT should grant the requested renewal of exemption authority without delay.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com


OST-2007-0014 - Statement of Authorization and Exemption - Codeshare for Ghana International

October 10, 2007

Application for a Statement of Authorization and an Exemption

South African Airways  and Ghana International Airlines have entered into an agreement pursuant to which GIA will hold out scheduled service between Ghana and the United States by displaying its code on certain flights operated by SAA. Pursuant to 14 C.F.R. Part 212, SAA hereby requests a Statement of Authorization for authority to display GIA's "GO" code on flights operated by SAA between Johannesburg, South Africa, and New York, New York, via Accra, Ghana. Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice, SAA further requests an exemption from 49 U.S.C. § 41301 to permit SAA to provide foreign air transportation of passengers, property, and mail between New York and Johannesburg, via Accra. The carriers intend to commence sales for this service as soon as they receive all the necessary approvals.

In addition, SAA requests exemption authority to permit it to operate the described service between Johannesburg and New York, via Accra with local traffic rights. Initially, SAA proposes to operate four weekly round trips on this route beginning in January 2008. Flights from Johannesburg will operate on Mondays, Wednesdays, Fridays, and Sundays. Flights from New York will operate on Mondays, Tuesdays, Thursdays, and Saturdays. SAA has been licensed by both the South African and Ghanaian authorities to provide this service.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com


OST-2007-0014 - Statement of Authorization and Exemption - Codeshare for Ghana International

October 19, 2007

Answer of Atlas Air to Application for a Statement of Authorization and an Exemption

Atlas Air, Inc. is filing this answer to suggest, without opposing the application, that the Department consider deferring approval until the Government of South Africa has satisfactorily explained the rules and procedures it now applies to U.S. airline applications for permits to operate 3rd/4th freedom charters.

To summarize the situation, which already has been described to the Department, Atlas recently applied to the South African Department of Transport for authorization to operate an upcoming JFK-JNB flight. Atlas submitted its application electronically, as it had done many times in the past. The South African DOT responded that "we do not accept any application sent by email" and continued that "all documents have to [be] hand delivered or posted to the Department of Transport first and then once received, we check the documents and start . . . the process."

Given the departure from past practice and the lengthy amount of time it takes for a package to reach South Africa, even when sent by expedited delivery service, this development was problematic. The difficulties were compounded when Atlas was advised that it needed to provide "certified" copies of all aircraft-related documents, as well as a certified copy of the application form itself. Because of the lack of clarity about the type of certification that was being requested and the impossibility of providing all documentation in time to complete the licensing process before the planned flight date, Atlas had to postpone the flight, to the distress of its customer.

Repeatedly throughout the licensing process, Atlas sought to learn what procedures South Africa applies to charter applications. Although being told that written rules exist Atlas was unable to locate and obtain them. Nor was Atlas successful in securing something in writing announcing the apparent South African DOT decision to stop processing applications on the basis of electronic submissions, despite several requests. The only explanation offered was an e-mail statement that the new requirements had been imposed by the new Chairperson of the International Air Service Council.

By creating confusion about the permit application process, the South African DOT has impeded the abilities of Atlas and other U.S. carriers to exercise their charter rights. Before the Department grants the SAA application, the U.S. government should obtain South African government clarification of the substantive, procedural and time requirements applicable to applications to conduct charters - and ensure that they will be applied consistently and transparently.

Counsel: Atlas, Russell Pommer, 202-822-9121, rpommer@atlasair.com


OST-2007-0014 - Statement of Authorization and Exemption - Codeshare for Ghana International

October 30, 2007

Clarification of Atlas Air

In our answer of October 19, 2007, we stated that Atlas had to postpone a flight from New York to Johannesburg because of difficulties encountered during the South African DOT licensing process. It has just come to our attention that some have interpreted that to mean that South African approval is still being sought and the flight has not yet occurred. It certainly was not our intent to create that impression; the flight in fact has operated. We apologize for any misunderstanding our pleading may have caused.

The basic facts are that Atlas was unable to operate the flight when the customer wanted, because of lack of clarity about the South African licensing process. Even though the flight ultimately operated, the customer was not pleased . Atlas would like to avoid future similar situations and thus suggested, in its pleading, that the Department secure information through intergovernmental channels about the precise nature of South Africa's licensing requirements.

It is not our intent to object substantively to the authority South African Airways seeks. It would seem to us that South Africa could put the matter to rest quickly and definitively by publishing or at least providing its charter licensing requirements. We suggested that the Department wait for that information before acting on the South African Airways application. Of course, if the Department believes that course is too draconian, it is perfectly able to grant the application at any time.

Counsel: Atlas, Russell Pommer, 202-822-9121, rpommer@atlasair.com


OST-2007-0014 - Statement of Authorization and Exemption - Codeshare for Ghana International

October 31, 2007

Reply of South African Airways

On October 19, 2007, Atlas Air, Inc. filed an Answer which did not oppose SAA's Application, but urged the Department to defer approval of the Application until the Government of South Africa satisfactorily explains its rules and procedures for U.S. airline permit applications to operate third- and fourth-freedom charter flights.

SAA urges the Department not to defer action on its Application. Any issues involved with approving SAA's application are different and distinct from the concerns Atlas has raised. Moreover, approval of SANS Application is not in any way connected to the South African DOT'S dealings with Atlas.

Although SAA believes that its Application and Atlas's concerns are not linked, SAA nevertheless has contacted the Civil Aviation Authority in South Africa to make them aware of the issue that Atlas has raised. In response to SAA's inquiry, the South African DOT confirmed that it has implemented new licensing procedures for all air carriers, and that Atlas had been apprised of those procedures. The authorities also indicated that other US carriers had been complying with those procedures.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000, anita.mosner@hklaw.com



OST-2005-22618 - Statements of Authorization - US-South Africa Codesharing with United
OST-2005-22619 - Exemption - US-South Africa Codesharing with United
OST-2000-6756 - US-South Africa Codesharing with United
OST-1999-6555 - US-South Africa


February 2, 2011

Amendment to Application for Renewal of Exemptions

On March 12, 2007, South African Airways (Pty) Limited made a timely application in the above captioned dockets for renewal of several of its existing exemptions from 49 USC § 41301, which permit SAA to operate scheduled and charter foreign air transportation services between the United States and South Africa. In the March 2007 renewal application, SAA noted that under the US-South Africa bilateral air service agreement (Annex I, Section 2), SAA is authorized to serve Miami, New York and four other US gateway points on a co-terminal basis, and in addition, to serve 25 named US points beyond its US gateways on a codeshare basis in conjunction with US codeshare partners.

As the Department is aware, SAA and its partners have over time adjusted the markets they serve to adapt to changing market conditions. Given the need for flexibility, SAA requests that, when the Department takes action on this exemption renewal request, the authority issued to SM by the Department reflect the fact that its un-named gateway points and each of its US codeshare points may be changed in accordance with the terms of the US-South Africa Air Service Agreement

SM notes that Delta in 2007 filed an objection to its exemption renewal request. SM has been informed that Delta no longer interposes this objection.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000


February 3, 2011

Confirmation of Delta of Withdrawal of Objection

Counsel: Delta, Sascha Van der Bellen



OST-1999-6555 - Exemption - US-South Africa
OST-2000-6756 - Exemption - US-South Africa Codesharing with Delta

April 3, 2012

Application for Amendment of Exemption

South African Airways (PTY) Limited hereby applies for an amendment of its exemption authority to allow SM to provide codesharing service beyond the United States to third countries on a blind-sector basis. The 1996 US-South African Air Transport Agreement provides for such rights without limitation, but SM's current exemption limits beyond-US blind sector traffic to one specific route.

Under SM's current exemption authority and a statement of authorization granted to jetBlue Airways Corporation, SM's SA* designator code is carried on jetBlue flights from SM's US gateways to other authorized points in the US. On or around May 1, 2012, SM and jetBlue intend to expand their codeshare relationship by placing the SA* designator code on jetBlue flights from New York (JFK) to Cancun, Mexico, enabling SAA to offer online connecting services between South Africa and Cancun.5 Because SAA and JetBlue may decide to further expand their codesharing relationship to other beyond-US points in the future, SAA requests an amendment of its exemption allowing SAA to operate to any beyond-US point on a blind sector basis.

SAA's code will be displayed on jetBlue's US-third country flights only on a blind sector basis for SAA traffic moving between South Africa and the third country. SAA will not sell service under its designator code in local US-third country markets.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000


 

OST-1999-6555 - Exemption - US-South Africa
OST-2000-6756 - Exemption - US-South Africa Codesharing with Delta

Filed April 3, 2012 | Issued April 26, 2012

Notice of Action Taken

Amendment of exemption from 49 USC §41301 to permit the applicant to provide code-sharing service beyond the United States to third countries on a blind-sector basis.

SAA’s existing exemption authority permits it to (1) engage in scheduled foreign air transportation of persons, property and mail between (a) Johannesburg, South Africa, and New York, New York, via Ilha do Sal, Cape Verde; (b) Johannesburg/Cape Town, South Africa, and Miami, Florida; (c) Johannesburg and Los Angeles, California (and on this Los Angeles route, to commingle blind sector traffic not moving in foreign air transportation between Johannesburg and Rio de Janiero, Brazil); (d) Johannesburg/Cape Town, South Africa, via Ilha do Sal, Cape Verde, and Atlanta, Georgia; (e) Johannesburg/Cape Town, and Washington, DC, via Ilha do Sal, Cape Verde; (f) serve 25 named US points beyond any of SAA’s authorized gateways, on a code-share basis with any US carrier code-share partner; and (g) serve Los Angeles/New York/Miami/Atlanta/Washington, DC on a coterminal basis; and (2) conduct charters accordance with Part 212 of the Department’s regulations. See Notice of Action Taken dated February 18, 2011, in these Dockets.

See related application of jetBlue Airways Corporation in Docket OST-2011-0017, for an amended statement of authorization. We are acting on that request concurrently.

By: Paul Gretch


 

OST-1999-6555 - South African Airways - US-South Africa
OST-2000-6756 - South African Airways - US-South Africa Codesharing with Delta
OST-2002-13366 - South African Airways - South Africa-US Codesharing with Delta (Adding Dakar, Senegal as an Intermediate Point)

February 8, 2013

Application for Renewal of Exemptions

SAA currently holds an exemption from 49 USC § 41301 permitting it to engage in scheduled foreign air transportation of persons, property and mail between:

The Department also has authorized SAA to (i) serve Los Angeles, New York, Miami, Philadelphi, and Washington, DC on a co-terminal basis; (ii) serve 25 named US points beyond its US gateways on a code-share basis in conjunction with a US partner; (iii) conduct foreign charter air transportation in accordance with Part 212 of the Department's regulations; and (iv) provide codesharing service beyond the US to third countries on a blind-sector basis.

The authorities listed above are scheduled to expire on February 18, 2013. By this Renewal Application, SAA requests that the Department renew these exemptions for at least two years.

Counsel: Holland & Knight, Anita Mosner, 202-955-3000



OST-2013-0146 - South African - Statement of Authorization - US-South Africa Codesharing with JetBlue Airways


July 20, 2015

Application for Amendment of a Statement of Authorization

SAA currently holds a Statement of Authorization that allows it to display the JetBlue "B6*" designator code on flights it operates (a) from SAA's US gateways to Johannesburg and beyond to points in South Africa; and (b) from SAA's US gateways to Dakar, Senegal as an intermediate point on SAA's authorized US-South Africa services.

SAA recently made the decision to operate certain US-South African flights via the intermediate point of Accra, Ghana, as permitted under the US-South Africa Air Transport Agreement. SAA hereby requests an amendment to its Statement of Authorization that would permit it to carry JetBlue's 86* designator code on flights it operates from its US gateways to Accra as an intermediate point on SAA's authorized US-South Africa services.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604


July 28, 2015

Re: Polling Results

By application filed on July 20, 2015, South African Airways requested an amendment to the Statement of Authorization it holds to engage in certain codesharing operations with JetBlue Airways.

SAA has polled all interested parties, and no party has objected to the application. For this reason, SAA respectfully requests that the Department promptly grant the requested amendment.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604


 

OST-2013-0146 - Statement of Authorization - US-South Africa Codesharing with JetBlue Airways

Filed July 20, 2015 | Approved August 4, 2015

Department Action on Application

Application of South African Ainvays SOC Limited for an amended statement of authorization to display the "B6" designator code of JetBlue Ainvays Corporation on flights operated by SAA (a) from SAA's US gateways to Johannesburg and beyond to points in South Africa; and (b) from SAA's US gateways to Dakar, Senegal and Accra, Ghana, as intermediate points on SAA's authorized US-South Africa services.

See related application of JetBlue filed in Docket OST-2013-0147 for amended exemption authority. We are acting on that request concurrently.

SAA currently holds a statement of authorization permitting it to display JetBlue's "B6" designator code on flights operated by SAA (a) from SAA's US gateways to Johannesburg and beyond to points in South Africa; and (b) from SAA's US gateways to Dakar, Senegal as an intermediate point on SAA's authorized US-South Africa services. See Notice of Action Taken dated August 30, 2013, in this Docket. SAA now seeks amendment of that statement of authorization to permit it to display JetBlue's "B6" designator code on flights SAA operates from its US gateways to Accra as an intermediate point on SAA's authorized US-South Africa services.

The applicant further requests a waiver of the 45-day advance filing requirement under 14 CFR Part 212.

By: DOT



OST-2019-0099 - Statement of Authorization - South Africa-US Codeshare with Air Seychelles

July 11, 2019

Application for a Statement of Authorization

South African requests a Statement of Authorization to permit it to display, on a blind sector basis, Air Seychelles' HM* designator code on any current or future services operated by South African between Johannesburg, South Africa and John F. Kennedy International Airport, New York for the purposes of carrying Air Seychelles' traffic between Seychelles and the US.

Air Seychelles holds a foreign air carrier permit that allows it to hold out "[s]cheduled and charter foreign air transportation of persons, property, and mail from any point or points behind Seychelles, via any point or points in Seychelles and intermediate points, to any point or points in the United States and beyond." Under the terms of this foreign air carrier permit, Air Seychelles is limited to serving the United States "through a codeshare or wet-lease arrangement with a duly authorized and properly supervised US or foreign air carrier, where Air Seychelles is not physically operating the flight to and from the United States

Counsel: Holland & Knight, Anita Mosner, 202-419-2604

 

OST-2019-0099 - Statement of Authorization - South Africa-US Codeshare with Air Seychelles

July 17, 2019

Re: Polling Results

By application dated July 11, 2019, South African Airways SOC Limited applied for a Statement of Authorization to display the HM* designator code of Air Seychelles Limited on certain flights operated by South African. South African plans to display Air Seychelles' HM* designator code on current and future services operated by South African between Johannesburg, South Africa and John F. Kennedy International Airport, New York for the purposes of carrying Air Seychelles' traffic between the Seychelles and the United States. South African and Air Seychelles plan to begin the codeshare services described therein as soon as all government approvals have been granted.

South African has polled all interested parties, and no party has objected to its Application for the Statement of Authorization. For this reason, South African respectfully requests that the Department promptly grant the requested Statement of Authorization.

Counsel: Holland & Knight, Anita Mosner, 202-419-2604

 

OST-2019-0099 - Statement of Authorization - South Africa-US Codeshare with Air Seychelles

Filed July 11, 2019 | Approved August 9, 2019

Department Action on Application

Application of South African Airways SOC Limited for a statement of authorization under 14 CFR Part 212 to permit South African for an indefinite period, on a blind sector basis, to display the (HM*) designator code of Air Seychelles Limited on any current or future services operated by South African between Johannesburg, South Africa and John F. Kennedy International Airport, New York (JFK) for the purposes of carrying Air Seychelles' traffic between Seychelles and the US. South African also requests a waiver of the 45-day advance filing requirement under 14 CFR Part 212.

By: David Christofano

 

 

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