 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on August 1, 2006

   NOTICE OF ACTION TAKEN -- DOCKET OST-98-4833

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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).

Application of NORTHWEST AIRLINES, INC. (NORTHWEST) filed 11/24/04 for:

XX  Renewal of exemption authority for two years under 49 U.S.C. 40109
to provide the following service:

Scheduled foreign air transportation of persons, property, and mail
between Newark, New Jersey, on the one hand, and Rio de Janeiro and Sao
Paulo, Brazil; Bogotá, Colombia; Quito and Guayaquil, Ecuador; and
Lima, Peru, on the other hand; and Houston, Texas, on the one hand, and
Bogota, Colombia; Quito and Guayaquil, Ecuador; and Lima, Peru, on the
other hand; and to integrate this authority with its existing
certificate and exemption authority.  Northwest intends to serve these
markets by codesharing on flights operated by Continental Airlines, Inc.
(Continental).

XX  Amend exemption authority under 49 U.S.C. 40109 to provide the
following service:

Scheduled foreign air transportation of persons, property, and mail
between Houston, Texas, and San Paulo and Rio de Janeiro, Brazil, and to
integrate this authority with its existing certificate and exemption
authority.  Northwest intends to serve these markets by codesharing on
flights operated by Continental.

XX  Waiver from the advance filing requirements of 14 CFR 377.10(c)

Applicant rep: Alexander Van der Bellen (202) 842-4184  DOT Analyst:
Thuy H. Cooper (202) 366-5423

D I S P O S I T I O N

XX  Granted, in part (request for renewed and amended route authority)
(subject to conditions, see below)

XX  Dismissed, in part (request for route integration authority)

The above action was effective when taken: August 1, 2006, through
August 1, 2008.

XX  Waiver granted

Action taken by:  Paul L. Gretch, Director	

		     Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and Brazil; the United States and Colombia;
the United States and Ecuador; and the United States and Peru. 

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)

Conditions:  

(1) The code-share operations conducted under this authorization 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.

(2)  The authority granted here is specifically conditioned so that
neither Northwest Airlines nor Continental Airlines shall give any force
and effect to any contractual provisions between themselves that are
contrary to these conditions.

(3)  The authority granted is limited to operations provided on a
code-share basis with Continental Airlines.

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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; (2) grant of the exemption
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 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://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

 By Order 2006-1-1, the Department awarded the carrier a blanket route
integration certificate.

 On January 10, 2005, we orally granted the waiver.  We confirm that
action here.

