 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on April 12, 2006

      NOTICE OF ACTION TAKEN -- DOCKET OST-2004-17677

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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   3/23/2006 
 for:

XX   Renewal of exemption for two years 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 and Port of Spain,
Trinidad and Tobago.   Northwest Airlines intends to operate this
service pursuant to a code-share arrangement with Continental Airlines
with Continental operating the service.

 

Applicant rep:   Megan Rae Rosia  (202) 842-3193   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 12, 2006, through 
April 12, 2008

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

XX  The authority granted is consistent with the Air Transport Agreement
between the United States and Trinidad and Tobago.  

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)

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

(a)	The code-sharing operations 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 

2

(b)	The authority granted here is specifically conditioned so that
neither Northwest Airlines nor Continental 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; and (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:

  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, 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

 To the extent necessary, Northwest requests a waiver of Administrative
Procedure Act, 5 U.S.C. 558(c), as implemented by 14 CFR Part 377, to
continue in effect its exemption authority pending Department action on
its renewal application.  We have decided to grant the waiver.

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