	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC



Issued by the Department of Transportation on April 5, 2004

NOTICE OF ACTION TAKEN -- DOCKETS OST-2003-16556

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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   Continental Airlines, Inc.  filed  11/19/03   for:

XX  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 Denmark, Norway, and Sweden, directly or via intermediate
points and beyond Denmark, Norway, and Sweden to any point or points in
third countries, and to combine this authority with its existing
certificate and exemption authority.  Continental initially intends to
operate this service pursuant to a code-share arrangement with Maersk
but seeks broad authority to operate its own flights as well as offering
code-share service.

Applicant rep:  R. Bruce Keiner  (202) 624-2615  DOT Analyst: Sylvia
Moore   (202) 366-6519

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 5, 2004, through   
April 5, 2006

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

XX   The exemption authority granted is consistent with the aviation
agreements between the United States and Scandinavia (Denmark, Norway,
and Sweden).

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)

	              XX  Statement of authorization approving
Continental/Maersk operations, dated

		       April 5, 2004, 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,
and is subject to all conditions attached to that authority.  



2

The route integration authority granted is subject to the condition that
any service provided under this authority shall be consistent with the
applicable bilateral aviation agreements between the United States

and the foreign countries involved.  Furthermore, (a) nothing in the
award of the authority requested should be construed as conferring upon
Continental additional rights (including code-share, fifth-freedom

intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless Continental first 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 Continental’s authority by virtue of the route
integration and blanket code-share authority granted here, but that are
not then being used by Continental, the holding of such authority will
not be considered as providing any preference for Continental in a
competitive carrier selection proceeding to determine which carrier(s)
should be entitled to use the authority at issue.

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, and is subject to all
conditions attached to that authority.

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On the basis of data officially noticeable under Rule 24(g) of the
Department’s regulations, we found Continental 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 order is available on the World Wide Web
at 

  HYPERLINK "http://dms.dot.gov//reports/reports_ aviation.asp" 
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

