 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on May 25, 2004

   NOTICE OF ACTION TAKEN -- DOCKET OST-2000-6797

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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.      filed   4/30/04 to:

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

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

Scheduled foreign air transportation of persons, property, and mail
between a point or points in the United States, via intermediate points,
to a point or points in Nigeria and beyond, and to integrate this
authority with its existing exemption and certificate authority. 
Northwest operates this service pursuant to a code-share arrangement
with KLM.      

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 exemption (subject to conditions, see below)

The above action was effective when taken:   May 25, 2004, through  May
25, 2006

XX  Granted waiver (see remarks below) 

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 Nigeria.

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

	   XX  Standard exemption conditions (attached)

	   XX  Statement of authorization approving Northwest/KLM code-share
operations granted

 	           May 21, 1999, and conditions therein              

Conditions:  The authority granted 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.

2

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.

Remarks:  Northwest requested a waiver from the 60-day advance filing
requirements of 14 CFR 377 to ensure that its authority would continue
in effect beyond the expiration date (June 4, 2004), pending action on
its renewal application.  On May 24, 2004, we orally granted the
request.  We confirm that action here.

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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, 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

 Northwest’s previous exemption also referenced a code-share
arrangement with Alitalia, which is no longer in effect.

