			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

Issued by the Department of Transportation on March 20, 2006

NOTICE OF ACTION TAKEN -- DOCKET OST-2006-23978

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. (NORTHWEST) filed 2/15/06 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 points in the United States and points in Latin America pursuant
to code-share arrangements with Continental Airlines, Inc. 
(Continental) and Delta Air Lines, Inc. (Delta).  Specifically,
Northwest intends to place its designator code (1) on flights operated
by Continental between Houston, Texas, on the one hand, and Buenos
Aires, Argentina; Cali, Colombia; and Punta Cana, Dominican Republic, on
the other hand, and (2) on flights operated by Delta between New York,
New York, and San Paulo, Brazil; and between Atlanta, Georgia, on the
one hand, and Punta Cana and Santo Domingo, Dominican Republic; Buenos
Aires, Argentina; and Rio de Janeiro, Brazil, on the other hand, and to
integrate this authority with its existing certificate and exemption
authority.     

Applicant rep:  Megan Rae Rosia   (202) 842-3193   DOT Analyst: Thuy H.
Cooper  (202) 366-5423

DISPOSITION

XX  Granted in part (subject to conditions)

XX  Dismissed in part (request for route integration authority)

The above action was effective was effective when taken: March 20, 2006,
through March 20, 2008, or until 90 days after final Department action
on Northwest’s corresponding application for a certificate of public
convenience and necessity in Docket OST-2006-23977, whichever occurs
earlier.

Action taken by:  Paul L. Gretch, Director

                              Office of International Aviation

XX  The authority granted is consistent with the aviation agreements
between the United States and Argentina, the United States and Brazil,
the United States and Colombia, and the United States and the Dominican
Republic of 1986 and 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, and limitations indicated:   

	   XX Holder’s certificates of public convenience and necessity

 	   XX Standard exemption conditions (attached) 

________________________________________________________________________
____________

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.
 

(b)	 The authority granted here is specifically conditioned so that
neither Northwest nor its code-share partner shall give any force or
effect to any contractual provisions between themselves that are
contrary to these conditions.

________________________________________________________________________
____________

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 authority was consistent with the
public interest; and (3) grant of the authority would not constitute a
major federal action under the Energy Policy and Conservation Act of
1975.  To the extent not granted or dismissed, 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

 Northwest's application here for exemption authority also references a
pending Northwest application for corresponding certificate authority. 
See Docket OST-2006-23977.  We will handle its certificate request
separately.

 The carrier’s request for route integration authority has been
superseded by Order 2006-1-1, where the Department awarded the carrier a
blanket route integration certificate.

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