 

			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on April 9, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2000-7287

________________________________________________________________________
_____________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  MIDWEST AIRLINES, INC.,  filed 12/23/2003 to:

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 any point or points in the United States and any point or points
in Canada.   

 

Applicant rep: Robert P. Silverberg (202) 944-3300  DOT Analyst: Gerald
Caolo   (202) 366-2406

 

D I S P O S I T I O N

XX  Granted (Subject to conditions, see below)

The above action was effective when taken: April 9, 2004, through April
9, 2006, or until 90 days after final Department action on a
corresponding certificate application, whichever occurs earlier.

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 Canada.

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)

________________________________________________________________________
_____________

Remarks: The authority for which Midwest Airlines requested renewal
expired March 4, 2004, but had been kept in force pursuant to the
provisions of the Administrative Procedure Act, 5 U.S.C. 558(c), as
implemented by 14 CFR Part 377, pending action on its timely-filed
renewal application.  

Conditions:  The code-share operations conducted under this
authorization are subject to the following conditions:

 The code-sharing operations conducted under this authority must comply
with 14 CFR 257 and with any amendment 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;
and   

 The authority granted here is specifically conditioned so that neither
Midwest Airlines nor Skyway Airlines shall give any force or effect to
any contractual provisions between themselves that are contrary to these
conditions.

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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 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 order 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.  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 Principal Security Inspector (PSI) to
advise the PSI 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.

08/2003

 Midwest Airlines was previously known as Midwest Express Airlines.  The
Department subsequently reissued its certificate in its new corporate
name, Midwest Airlines.  Order 2003-2-15, issued February 21, 2003.

 Midwest states that it is currently providing service only between
Milwaukee and Toronto under a code-share arrangement with its affiliate
Skyway Airlines.  However, Midwest states that it wants the opportunity
to provide service to Canada either directly or through a code-share
arrangement.

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