	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

                                   	  Issued by the Department of
Transportation on December 10, 2004

		       NOTICE OF ACTION TAKEN -- DOCKET OST-2002-14036

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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    11/24/04  
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 Newark, New Jersey, and Santiago, Dominican Republic, and to
integrate this authority with its existing certificate and exemption
authority.  Northwest operates this service pursuant to a code-share
arrangement with Continental Airlines whereby Northwest displays its
designator code on flights operated by Continental.

XX  Waiver from 14 CFR 377.10(c)

Applicant rep.:   Megan Rae Rosia, (202) 842-3193    DOT analyst:    
Sylvia Moore, 202-366-6519   

DISPOSITION

XX  Exemption granted (subject to conditions, see below)

The above action was effective when taken:    December 10, 2004,  
through  December 10, 2006

XX  Waiver granted (see remarks below)

                                    

Action taken by:  Paul L. Gretch, Director

		  Office of International Aviation

XX  The authority granted is consistent with the overall state of
aviation relations between the United States and the Dominican Republic.

Except to the extent exempted or waived, this authority is subject to
the terms, conditions, 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
authority must comply with 14 CFR 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 

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passenger liability of the operating carrier be unaffected, and (2) the
authority granted here is specifically conditioned so that neither
Northwest nor Continental shall give any force and effect to any
contractual provisions between themselves that are contrary to these
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.

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 (January 3, 2005), pending action
on its renewal application.  On December 7, 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 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

