	

                   UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on May 29, 2002

NOTICE OF ACTION TAKEN -- DOCKETS OST-2000-7149, OST-2002-12210, &
OST-2002-12183

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	American Airlines, Inc.,  Dockets: OST-2000-7149 and
OST-2002-12210, filed 4/29/2002;

United Air Lines, Inc., Docket: OST-2000-7149, filed 4/26/2002; and

Delta Air Lines, Inc., Docket: OST-2002-12183, filed 4/24/2001 

XX  Allocation of U.S.-Ghana Frequencies.

American, United, and Delta each request weekly frequencies to serve the
U.S.-Ghana market.

Docket OST-2000-7149:  American requests four weekly frequencies to
operate third-country code-share services between the United States and
Ghana, by placing American’s designator code on Crossair Ltd., d/b/a
Swiss, between Zurich and Accra, Ghana, via Lagos, Nigeria, carrying
U.S.-Lagos and U.S.-Ghana passengers connecting at Zurich from
American’s and Swiss’s U.S. gateways.

Docket OST-2000-7149:  United requests two weekly frequencies to operate
third-country code-share services between the United States and Ghana,
by placing United’s designator code on Lufthansa German Airlines
(Lufthansa), between the United States and Accra, Ghana, via Frankfurt,
through the intermediate point of Lagos, Nigeria.

Docket OST-2002-12183:  Delta requests four weekly frequencies to
operate third-country code-share services between the United States and
Ghana, by placing Delta’s designator code on the flights of
Alitalia-Linee Aeree Italiane S.p.A., between Milan, Italy, and Accra,
Ghana.  

XX  Exemption for American Airlines, Inc., under 49 U.S.C. 40109 to
provide the following service:

Docket OST-2002-12210:  Scheduled foreign air transportation of persons,
property, and mail between points in the United States and points in
Nigeria and Ghana, with the right to integrate such authority with
American’s certificates of public convenience and necessary and other
exemptions.

XX  Motion of American Airlines, Inc., to withdraw its application as
follows:

Docket OST-2000-7149:  American filed a motion on April 29, 2002, to
dismiss its April 14, 2000, application in this docket, to the extent
the carrier requested U.S.-Ghana code-share frequencies under a
code-share arrangement with British Airways. 

Applicant reps: Carl B. Nelson, Jr., for American (202) 496-5647, Robert
E. Cohn for Delta (202) 663-8060; and Jeffrey A. Manley for United (202)
663-6670 DOT Analyst:  Linda L. Lundell  (202) 366-2336



D I S P O S I T I O N

XX  Granted (see below).  

The above action granting frequency allocations, in Dockets
OST-2000-7149 and OST-2002-12183, was effective when 

taken:  May 28, 2002,  and will remain in effect indefinitely, subject
to the conditions described below.

The above action granting exemption authority to American Airlines,
Inc., in Docket OST-2002-12210, for U.S.-Nigeria and U.S.-Ghana
services, including route integration authority, was effective when
taken: May 28, 2002, through May 28, 2004, or until 90 days after final
Department action on a corresponding certification application,
whichever occurs earlier.

The above action granting the request of American Airlines, Inc., to
dismiss its April 14, 2000, application in Docket OST-2000-7149 was
effective when taken: May 28, 2002.

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 Ghana, and the United States and Nigeria. 

Except to the extent exempted or waived, the authority for each carrier
is subject to the terms, conditions, and limitations indicated:  

	XX  Each holder’s certificates of public convenience and necessity

XX  Statements of Authorization for American/Swiss code-share operations
dated

       dated April 23, 2002; Delta/Alitalia code-share operations dated
October 27, 2001; and 

       United/Lufthansa code-share operations dated April 8, 1998, and
conditions therein.

	XX  Standard Exemption Conditions (attached)

________________________________________________________________________
____________________

Background:  Under the U.S.-Ghana aviation agreement, U.S. carriers may
operate a total of 27 weekly combination frequencies, of which no more
than 14 may be provided with the airlines’ own aircraft.  Currently, a
total of 16 frequencies are held as follows:  Northwest=7,
Continental=7, and United=2.  Thus, 11 frequencies are available now for
allocation.  The captioned applicants have requested a total of 10
frequencies, meaning that these requests do not exceed the frequencies
available to U.S. carriers under the agreement, with one remaining
available for future allocation.

Conditions:  Consistent with our standard practice, the frequency
allocations granted are subject to the condition that they will expire
automatically and the frequencies will revert automatically to the
Department for reallocation if they are not used for a period of 90
days.   As each of the carriers authorized has proposed to commence
services immediately, the 90-day dormancy period will begin on the issue
date of this notice. 

Route Integration Condition for American Airlines:  The route
integration authority granted to American Airlines, Inc., 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 granted should be construed as
conferring upon American rights (including fifth-freedom intermediate
and/or beyond rights) to serve markets where U.S. carrier entry is
limited unless the carrier 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 American’s authority by virtue of the route integration
exemption granted here, but that are not being used by American, the
holding of such authority by route integration will not be construed as
providing any preference for American in a competitive carrier selection
proceeding to determine which carrier(s) should be entitled to use the
authority at issue. 

Remarks: United filed an answer to American’s April 29, 2002,
applications (in Dockets OST-2000-7149 and OST-2002-12210); American
filed an answer to United’s April 26, 2002, application (in Docket
OST-2000-7149); United and American each filed answers to Delta’s
April 24, 2002, application (in Docket OST-2002-12183); and Delta filed
a consolidated reply to the answers of United and American (in Docket
OST-2002-12183).  In these responses, the carriers stated that they had
no objection to the other applications filed so long as their own
application for Ghana frequencies was granted contemporaneously.

________________________________________________________________________
________________________________

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 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/report_aviation.asp



APPENDIX A

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached order, the
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)  Comply with the requirements of 14 CFR 203, concerning waiver of
Warsaw Convention liability limits and defenses;

(6)  Comply with the applicable requirements of the Federal Aviation
Administration (FAA) Regulations, and with all U.S. Government
requirements concerning security; 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.

  By Notice of Action Taken dated July 13, 2000, we deferred action on
American’s April 14, 2000 application, pending the Department’s
action on the underlying code-share arrangement between American and
British Airways in Docket OST-99-6507.  By Order 2002-4-4, April 4,
2002, we granted the motion of American and British Airways to dismiss
the code-share application in Docket OST-99-6507.  We will now grant the
April 29, 2002 American motion to dismiss in Docket OST-2000-7149.

  On April 3, 2003, five additional frequencies become available (no
more than 21 of which may be provided with the airlines’ own
aircraft), and on April 1, 2004, frequency restrictions are eliminated
(no more than 21 of which may be provided with the airlines’ own
aircraft).  

