 

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation on September 2, 2005

   NOTICE OF ACTION TAKEN -- DOCKET OST-2005-21781           

________________________________________________________________________
_________________________________

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 7/1/05 for:

XX  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 (1) the terminal point Detroit, Michigan, and the terminal point
Mazatlan, Mexico; (2) the terminal point Detroit, Michigan, and the
terminal point Zihuatanejo/Ixtapa, Mexico; (3) the terminal point
Memphis, Tennessee, and the terminal point Cozumel, Mexico; (4) the
terminal point Memphis, Tennessee, and the terminal point Puerto
Vallarta, Mexico; (5) the terminal point Memphis, Tennessee, and the
terminal point San Jose del Cabo, Mexico; and (6) the terminal point
Minneapolis/St. Paul, Minnesota, and the terminal point Manzanillo,
Mexico.  Northwest proposes to offer seasonal service in each of the
subject city-pair markets.  

Applicant rep: Ronald P. Brower (202) 842-3193   DOT Analyst: Linda
Lundell (202)366-2336 

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: September 2, 2005, through
September 2, 2007. 

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 Mexico.

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)

Conditions:  The U.S.-Mexico exemption authority granted is subject to
the dormancy notice requirements set forth in condition 7 of Appendix A
of Order 88-10-2, and the notice requirements for seasonal/intermittent
services as set forth in Order 96-11-24, at 5.  Consistent with our
standard policy, the dormancy notice period for the exemption authority
will begin January 2, 2006, Northwest’s proposed start-up date for the
subject services.   

Remarks:  Brendan Airways, LLC d/b/a USA 3000 Airlines (USA 3000) filed
an answer stating that it has an application pending before the
Department for exemption authority to serve the
Detroit-Zihuatanejo/Ixtapa market (Docket OST-2005-21816).  USA 3000
states that it does not oppose Northwest’s request for
Detroit-Zihuatanejo authority in the instant application, as long as USA
3000’s exemption application for Detroit-Zihuatanejo/Ixtapa authority,
in Docket OST-2005-21816, is granted contemporaneously.  

Northwest replied that the Department can grant both carriers’
requests to serve the Detroit-Zihuatanejo/Ixtapa market, because no
other U.S. carriers currently serve the route, and two designations are
available for the service under the U.S.-Mexico aviation agreement.  

We have decided to grant Northwest’s application.  We note that we are
granting USA 3000’s application to serve the
Detroit-Zihuatanejo/Ixtapa market contemporaneously with our grant of
Northwest’s application here.  

________________________________________________________________________
______

On the basis of data officially noticeable under Rule 24(g) of the
Department's regulations, we found the applicant qualified to provide
the exemption 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:

  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

   In its application, Northwest also requested authority to serve
between the terminal point Omaha, Nebraska, and the terminal point
Cancun, Mexico.  By letter dated July 26, 2005, Northwest withdrew its
request for the Omaha-Cancun market. 

   In its application, Northwest stated that it will commence seasonal
service “beginning this coming winter” (Application, at 2).  By way
of clarification, Northwest advised us on September 1, 2005, that it
intends to commence service on or about January 2, 2006.  

 American Airlines, Inc. (American) filed an answer opposing
Northwest’s application and then subsequently withdrew its objection. 
Following American’s answer, but prior to withdrawal of its objection,
the Wayne County Airport Authority and Memphis International Airport
filed in support of Northwest’s application.  

 See Notice of Action Taken, dated September 2, 2005, in Docket
OST-2005-21816.  

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