 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on March 3, 2005

      NOTICE OF ACTION TAKEN – DOCKET 1996-1273

________________________________________________________________________
______________

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).

Applications of   Northwest Airlines, Inc.      filed  1/28/05  to: 

XX  Amend and renew for two years exemption under 49 U.S.C. 40109, last
granted by Notice of Action Taken dated June 24, 2003, in this Docket,
so as to authorize Northwest to provide the following service:

Scheduled foreign air transportation of persons, property, and mail (1)
from points behind the United States, via the United States and
intermediate points to a point or points in India and beyond; and (2)
for all-cargo service between India and any point or points.   Northwest
seeks the authority to operate its own flights as well as offering
code-share service with any of its existing code-share partners, to the
extent consistent with the new U.S.-India Open Skies Air Transport
Agreement.

Applicant rep:   Megan Rae Rosia, 202-842-3193 	   DOT  Analyst:  Sylvia
Moore, 202-366-6519

D I S P O S I T I O N

XX  Granted in part (subject to conditions, see below)

XX  Granted route integration authority sua sponte (subject to
conditions, see below; see also remarks 

         below)

XX  Balance dismissed (see remarks below)

The above action was effective when taken:   March 3, 2005,  through  
March 3, 2007

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

XX  The authority granted is consistent with the aviation agreement
between the United States and India, which is being provisionally
applied on the basis of comity and reciprocity, pending its formal entry
into force.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, and limitations indicated:   XX Holder’s
certificates of public convenience and necessity 

	    XX  Standard exemption conditions (attached)

	    XX  Statements of authorization approving Northwest/foreign carrier
code-share

            operations, and conditions therein

2

Conditions:  The route integration authority granted is subject to the
condition that any service provided under this exemption shall be
consistent with all applicable agreements between the United States and
the foreign countries involved.  Furthermore, (a) nothing in the award
of the route integration authority requested should be construed as
conferring upon Northwest rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless Northwest notifies the Department of its intent to serve
such a market and unless and until the Department has completed any
necessary carrier selection procedures to determine which carrier(s)
should be authorized to exercise such rights; and (b) should there be a
request by any carrier to use the limited-entry route rights that are
included in Northwest’s authority by virtue of the route integration
exemption granted here, but that are not then 

being used by Northwest, the holding of such authority by route
integration will not be considered as providing any preference for
Northwest in a competitive carrier selection proceeding to determine
which carrier(s) should be entitled to use the authority at issue.

The authority to serve intermediate and beyond points is limited to
countries with which the United States has signed open-skies agreements
and/or countries for which the carrier holds authority to serve under
certificates or exemptions issued by the Department, and for which it
holds route integration authority by virtue of either the present action
or other action of the Department.

Remarks:  The route integration authority granted here will permit
Northwest to combine its existing certificate and exemption authority
with the broad U.S.-India authority granted in this docket, which
includes authority to operate via intermediate points and beyond India
subject to the conditions set forth in this notice.  

We dismissed Northwest’s application to the extent that it requests
authority from points behind the United States.  The authority to
conduct operations from points behind the United States is inherent in
the authority that we award U.S. carriers to perform foreign air
transportation.  We also dismissed Northwest’s application to the
extent that it seeks authority between India and any point or points for
all-cargo service.  This authority is not considered in foreign air
transportation, and thus needs no license from the Department of
Transportation.

________________________________________________________________________
______________

On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found the applicant qualified to provide
the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that (1) our

action was consistent with Department policy; and (2) grant of the
authority was consistent with the public interest; and (3) grant of the
authority would not constitute a major regulatory action under the
Energy Policy and Conservation Act of 1975.  To the extent not granted,
or dismissed, we denied all requests in the referenced Dockets.  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://dms.dot.gov//reports/reports_aviation.asp



U.S. Carrier Exemption Conditions

In the conduct of the operations authorized, the U.S. carrier
applicant(s) shall:

(1)  Hold at all times effective operating authority from the government
of each country served;

(2)  Comply with applicable requirements concerning oversales contained
in 14 CFR 250 (for scheduled operations, if authorized);

(3)  Comply with the requirements for reporting data contained in 14 CFR
241;

(4)  Comply with requirements for minimum insurance coverage, and for
certifying that coverage to the Department, contained in 14 CFR 205;

(5)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR 203, concerning
waiver of Warsaw Convention liability limits and defenses;

(6)  Comply with all applicable requirements of the Federal Aviation
Administration and with all applicable U.S. Government requirements
concerning security, including, but not limited to, 49 CFR Part 1544. 
To assure compliance with all applicable U.S. Government requirements
concerning security, the holder shall, before commencing any new service
(including charter flights) to or from a foreign airport, contact its
International Principal Security Inspector (IPSI) to advise the IPSI of
its plans and to find out whether the Transportation Security
Administration has determined that security is adequate to allow such
airport(s) to be served; and

(7)  Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department of Transportation, with all applicable orders and regulations
of other U.S. agencies and courts, and with all applicable laws of the
United States.

The authority granted shall be effective only during the period when the
holder is in compliance with the conditions imposed above.

																		  05/2004

											

 This condition is not applicable to flights operated by KLM on which
Northwest is holding out service on a code-share basis with KLM.

