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Northwest Airlines, Inc. - 2007 Filings
Northwest Airlines, Inc.
OST-2007-27069 - US-China All-Cargo Frequencies
January 23, 2007
Application and Motion for Shortened Answer Date
Northwest Airlines, Inc. hereby applies for allocation of one of the three U.S.-China all-cargo frequencies that are currently available in the Department’s unallocated pool. As a result of the current bilateral interpretation of the Civil Aviation Administration of China concerning frequency accounting and beyond change-of-gauge provisions, Northwest requires an allocation of one additional frequency to operate its planned pattern of services between the United States, Shanghai and Guangzhou, and beyond. Following the grant of this application, there will still be two surplus frequencies available for U.S. carrier all-cargo services.
Due to the urgent need to submit and have its all-cargo schedules approved by the CAAC, Northwest requests expedited action on this application. Northwest will conduct a poll of carrier representatives served with this application to determine if there are any objections to Northwest’s request. In the event any carrier wishes to file an answer, Northwest moves the Department to establish a shortened answer date of 5 p.m. Wednesday, January 24, and a reply date of noon on Thursday, January 25.
There are currently three surplus frequencies that remain available and unallocated in the Department’s all-cargo pool. By Order 2006-7-9, the Department invited applications from all eligible U.S. carriers for the 15 all-cargo frequencies that become available on March 25, 2007. The frequencies were undersubscribed, and by Notice of Action Taken dated August 24, 2006, the Department awarded 12 of the 15 available frequencies on an uncontested basis.
Northwest’s planned 2007 summer season all-cargo schedule involves 7 flights to and from Shanghai, with beyond service to Tokyo, and 7 flights to and from Guangzhou. Northwest’s planned Shanghai schedule is substantially identical to that it has operated for the past two years, and Northwest’s 2007 Guangzhou schedule will increase from four to seven weekly flights using the recently allocated frequencies.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2007-27069 - Certificate - US-China All-Cargo Frequencies
January 24, 2007
This is to confirm that Northwest has completed a poll of all carrier representatives in the above-captioned matter. There are no objections to Northwest's application or our request for expedited action
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184
Filed January 23, 2007 | Issued January 25, 2007
Under the terms of the June 18, 2004 Protocol amending the U.S.‑China aviation agreement, this frequency becomes available for use on March 25, 2007. The allocation of this frequency will remain in effect indefinitely, subject to conditions.
We note that the allocation of this U.S.‑China all‑cargo frequency to Northwest Airlines is without prejudice to any current or future legal positions that the United States may take in regard to the U.S.‑China aviation agreement.
Northwest notes that following the Department action allocating available 2007 all-cargo frequencies in the U.S-China market, there are three all-cargo frequencies available and as yet unallocated for services beginning March 25, 2007 (See Notice of Action Taken in Docket OST-2006-25275, dated August 24, 2006).
By: Paul Gretch
OST-2005-20646 - Exemption - Detroit-San Jose del Cabo
February 20, 2007
Application for Renewal of an Exemption
Northwest Airlines, Inc. hereby requests renewal of its exemption authorizing Northwest to provide scheduled foreign air transportation of persons, property and mail between Detroit, Michigan and San Jose del Cabo, Mexico. Northwest’s exemption authority was granted by Notice of Action Taken, dated April 21, 2005 in this docket. Northwest requests renewal of its exemption for a period of at least two years.
Northwest currently operates Saturday service during the Winter Season using A-320 aircraft configured with 148 passenger seats.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-1996-1638 - Confidential Treatment under Section 302.12
March 28, 2007
Motion to Withhold Information from Public Disclosure
Counsel: Northwest, Alexander Van der Bellen
Order 2007-4-19
OST-2005-22228 - Streamlining Regulatory Procedures for Licensing
OST-2006-25917 - Continental - Open Skies Certificate Authority
OST-2006-26037 - Northwest - Open Skies Certificate Authority
Issued March 20, 2007 | Served April 18, 2007
Order Issuing Certificates | Word
By this order we grant Continental Airlines, Inc., Northwest Airlines, Inc. and United Air Lines, Inc. certificate authority to provide combination service to all of our foreign aviation partners that have entered into an open-skies agreement with the United States where that agreement is being applied.
On our own initiative, we have also decided to grant to the carriers certificate authority to serve Brunei Darussalam, Chile, Cook Islands, New Zealand, Samoa, Singapore, and Tonga, each a signatory to the Multilateral Agreement on the Liberalization of International Air Transportation. Our action here establishes for each carrier a new route certificate.
We will also, on our own initiative, grant the carriers blanket authority such that when an additional foreign aviation partner enters into an open-skies agreement with the United States, and where that agreement is being applied, authority to serve that open-skies partner will automatically be included as part of the carrier’s certificate authority without the need for further action by the Department or the carrier.
By: Paul Gretch
OST-2005-20646 - Exemption - Detroit-San Jose del Cabo
Filed February 20, 2007 | Issued May 8, 2007
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 Detroit, Michigan, and San Jose del Cabo, Mexico, on a seasonal basis.
By: Paul Gretch
OST-1996-1638 - Form 41 Section 302.12
May 9, 2007
Motion to Withhold Information from Public Disclosure
Counsel: Northwest, Alexander Van der Bellen, 202-842-3193
OST-2007-28474 - Exemption - Memphis-Puerto Vallarta
June 8, 2007
Northwest hereby requests an exemption authorizing Northwest to provide scheduled foreign air transportation of persons, property and mail between Memphis, Tennessee, Puerto Vallarta, Mexico.
Northwest plans to commence service on the route beginning on or about February 14, 2008, and requests that the exemption authority requested herein be issued as soon as possible to allow for immediate sales and advance marketing. Northwest will operate the services on a seasonal basis beginning February 14, 2008. Northwest plans to utilize A-320 aircraft configured with 16 first and 132 coach class seats, but reserves the right to substitute other suitable aircraft from its fleet as warranted by market conditions.
Northwest requests that the Department issue the requested exemption on an expedited basis, effective for a period of at least two years, and notify the Mexican civil aviation authorities, as appropriate, of Northwest’s designation on the subject route.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2007-28474 - Exemption - Memphis-Puerto Vallarta
June 12, 2007
This letter is to confirm that Northwest Airlines, Inc. has polled all carriers included on the service list to the above referenced application and none intend to file an objection. Under the circumstances, Northwest respectfully asks the Department to approve as expeditiously as possible the aforementioned application.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
Order 2007-6-12
OST-2007-26781
Issued and Served June 18, 2007
This Consent Order concerns violations by Northwest Airlines, Inc. of the Department’s oversales rule, 14 CFR Part 250, and 49 U.S.C. 41712, which prohibits unfair and deceptive practices, stemming from the carrier’s failure to provide, upon request, a written explanation of its denied boarding policies. The order assesses Northwest a civil penalty of $40,000.
During compliance inspections by the Department's Office of Aviation Enforcement and Proceedings (Enforcement Office) at Ronald Reagan Washington National Airport (DCA) and Baltimore Washington International Thurgood Marshall Airport (BWI), Northwest agents at various gates and ticket counters failed to produce Northwest's written denied boarding statement in response to specific requests by Enforcement Office staff. Instead, some agents provided Northwest's voucher guide, Customer Guide, and/or Contract of Carriage none of which contained the disclosures required by section 250.9, while another gate agent stated that he did not have any denied boarding forms stocked at his station and suggested that DOT representatives check at another gate. Only Northwest's supervisor-level employees (Customer Service Supervisors) were later able to provide the correct form. Northwest's failure to furnish its denied boarding statement upon request on the above-mentioned occasions violates the requirements of Part 250 and of 49 U.S.C. § 41712.
In mitigation, Northwest states that it is firmly committed to ensuring that any passenger who relinquishes, either voluntarily or involuntarily, his or her seat on an oversold flight is treated fairly, properly advised, and compensated. Northwest further states that its agents do everything possible to avoid involuntarily denying boarding. In fact, Northwest's corporate goal is to avoid involuntarily denying boarding to any passenger. Accordingly, Northwest describes itself as having a well‑established program to train its employees and has adopted policies, procedures, and forms to address issues regarding potentially oversold flights, including soliciting volunteers and compliance with requirements of 14 CFR Part 250.
By: Rosalind Knapp
OST-2007-28474 - Exemption - Memphis-Puerto Vallarta
Filed June 8, 2007 | Issued June 22, 2007
Scheduled foreign air transportation of persons, property, and mail between Memphis, Tennessee, and Puerto Vallarta, Mexico. Northwest states that it will provide seasonal service on the route, beginning February 14, 2008.
By: Paul Gretch
OST-2005-21781 - Exemptions - Detroit-Mazatlan/Zihuatenejo/Ixtapa; Memphis-Cozumel/Manzanillo
June 29, 2007
Application for Renewal of Exemptions
Hereby requests renewal of its exemptions authorizing Northwest to provide scheduled foreign air transportation of persons, property and mail on the following U.S.-Mexico Routes:
Northwest requests that the expiration dates of this renewal be issued coextensive with the June 22, 2009 expiration date of its Memphis-Puerto Vallarta authority recently issued in Docket OST-2007‑28474.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184
OST-2003-15699 - Exemption - Los Angeles-Guadalajara Codeshare with Alaska Airlines
July 24, 2007
Application for Renewal or Reinstatement of an Exemption
Northwest hereby requests a renewal or reinstatement of its exemption from 49 U.S.C. § 41101 authorizing Northwest to provide scheduled foreign air transportation of persons, property and mail between Los Angeles, California and Guadalajara, Mexico. Northwest requests this authority in order to offer services under a code-share arrangement with Alaska Airlines, Inc. Northwest intends to place its code on flights operated by Alaska in the Los Angeles-Guadalajara market, but is not doing so at the present time. Northwest expects to display its code on the subject flights within one year of the date of this application, and requests that Department’s standard 90 day dormancy condition run from July 24, 2008.
Northwest requests renewal or reinstatement of its exemption authority for an additional period of not less than two years.
Counsel: Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2003-15507 - Exemption - US-Brazil/Columbia/Mexico/Peru Codeshare with Delta Air Lines
August 3, 2007
Application for Renewal and Amended Exemption Authority
Hereby requests a renewal of its exemption from 49 U.S.C. § 41101 authorizing Northwest to offer scheduled foreign air transportation of persons, property and mail on flights operated by Delta Air Lines, Inc. between: Atlanta, Georgia on the one hand, and Sao Paolo, Brazil; Bogota, Colombia; Cancun, Mexico; Guadalajara, Mexico; Leon, Mexico; Mexico City, Mexico, Monterrey, Mexico; San Jose del Cabo, Mexico; and Lima, Peru, on the other hand; Cincinnati, Ohio, and Cancun, Mexico; and Los Angeles, California on the one hand, and Acapulco, Mexico; Cancun, Mexico; and Guadalajara, Mexico, on the other hand.
Northwest was previously issued exemption authority to operate codeshare services operated by ASA between Los Angeles and various points in Mexico. Northwest is not currently offering those codeshare services, and ASA has been replaced on these Los Angeles-Mexico routes by ExpressJet. Northwest therefore requests new or amended exemption authority' to enable Northwest to offer codeshare service on routes operated by ExpressJet between Los Angeles and the following points in Mexico:
ACAPULCO-ALVAREZ INTERNATIONAL
MEXICO
LEON/GUANAJUATO
MEXICO
CULIACAN
MEXICO
LA PAZ
MEXICO
LOS MOCHIS
MEXICO
LORETO-INTERNATIONAL
MEXICO
MAZATLAN
MEXICO
TORREON
MEXICO
ZACATECAS
MEXICO
IXTAPA/ZIHUATANEJO
MEXICO
MANZANILLO
MEXICO
Northwest expects to display its code on the subject ExpressJet flights within one year of the date of this application, and requests that Department's standard 90 day dormancy condition run from August 3, 2008. See, Order 2006-10-13.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-1996-1638 - Form 41; Schedule B-7
August 17, 2007
Motion to Withhold Information from Public Disclosure
Counsel: Northwest, Alexander Van der Bellen, 202-842-3193, sascha.vanderbellen@nwa.com
OST-2003-15699 - Exemption - Los Angeles-Guadalajara Codeshare with Alaska Airlines
Filed July 24, 2007 | Issued August 30, 2007
Renewal/reinstatement of exemption for two years of scheduled foreign air transportation of persons, property, and mail between Los Angeles, California, and Guadalajara, Mexico. Northwest states that, while it does not currently do so, it intends to use this authority by placing its “NW*” code on the flights of Alaska Airlines, Inc., in the subject market, beginning July 24, 2008.
By: Paul Gretch
OST-2005-21781 - Exemptions - Detroit-Mazatlan/Zihuatanejo/Ixtapa; Memphis-Cozumel; Minneapolis-Manzanillo
Filed September 10, 2007 | Issued October 18, 2007
Renewal of 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 Ixtapa/Zihuatanejo, Mexico; (3) the terminal point Memphis, Tennessee, and the terminal point Cozumel, Mexico; and (4) the terminal point Minneapolis/St. Paul, Minnesota, and the terminal point Manzanillo, Mexico. Northwest states that it serves each of these markets on a seasonal basis.
Previously, in this docket, Northwest was also granted exemption authority to serve the Memphis-Puerto Vallarta and Memphis-San Jose del Cabo markets (see Notice of Action Taken dated September 2, 2005). By letter dated August 3, 2006, Northwest informed the Department that it was no longer serving the Memphis-Puerto Vallarta and Memphis-San Jose del Cabo routes. (We note here that, subsequently, Northwest reapplied for, and obtained, new exemption authority to serve the Memphis-Puerto Vallarta market (see Notice of Action Taken dated June 22, 2007, in Docket OST-2007-28474).
Northwest requests that this authority be renewed coextensive with the June 22, 2009, expiration date of its Memphis-Puerto Vallarta exemption authority issued in Docket OST-2007-28474.
By: Paul Gretch
October 26, 2007
Application of Northwest for a Dormancy Waiver or Frequency Reinstatement
Northwest Airlines, Inc. hereby requests a dormancy waiver, or, in the alternative reinstatement of seven U.S.-Russia frequencies which Northwest has historically used for U.S.-Russia codeshare services with KLM. Northwest requests that the dormancy condition be waived until 90 days after the Russian civil aviation authorities permit such services to be operated.
Northwest fully utilized these frequencies prior to the involuntary suspension of its third country codeshare services under order of the Russian civil aviation authorities. The dormancy relief requested by Northwest is in the public interest and is identical to the relief previously afforded to American Airlines, United Airlines, and Delta Air Lines -- each of which holds seven dormant Russia frequencies for third-country codeshare services with its respective European partner.
The Department previously allocated and has subsequently acknowledged Northwest’s historic interest in seven U.S.-Russia frequencies for codeshare services with KLM. Most recently, when the Department allocated frequencies to Delta for nonstop Atlanta-Moscow service, Northwest noted its non-objection to Delta’s request as long as it would not affect Northwest’s third-country allocation for services with KLM. The Department confirmed that “we do not see our action here as affecting the interests of United or Northwest.” (Notice of Action Taken dated February 5, 2005, Docket OST-2005-20116).
Through this Motion, Northwest merely seeks clarification of its longstanding frequency allocation for codeshare services with KLM through an express dormancy waiver. To the extent Northwest may have inadvertently omitted to seek a waiver, the Department has established a clear precedent supporting the reinstatement of such frequencies. See, Notice of Action Taken dated May 3, 2001 (OST-1996-1672), reallocating seven frequencies to Delta and waiving the 90 day dormancy condition until such time as Russia permits third-country codeshare operations. (“Delta indicates that it was unable to implement its plans because the Government of the Russian Federation has not authorized Delta’s services. Delta further states that it inadvertently did not request a waiver of the dormancy condition applicable to the seven codeshare frequencies it had planned to use.”).
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
October 26, 2007
Re: Polling Results of Northwest
This letter is to confirm that Northwest Airlines, Inc. has polled all carriers included on the service list to the above referenced application and there are no objections. In these circumstances, Northwest urges that its request be granted as soon as possible.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-1996-1672 - US-Russia Combination Service Frequency Allocation
Filed October 26, 2007 | Issued October 30, 2007
Northwest states that it has historically used the frequencies for U.S.-Russia code-share services with KLM. However, the Government of the Russian Federation has not allowed Northwest to continue its U.S.-Russia third-country code-share services. Northwest states that it may have inadvertently omitted to seek a waiver of the dormancy condition applicable to the seven frequencies. Thus, Northwest seeks an allocation of seven frequencies and, consistent with Department precedent, an indefinite waiver of the 90-day dormancy condition, until the Russian Federation authorizes its third-country code-share services.
Based on the waiver granted by this notice, the 90-day dormancy period will begin on the date that the Government of the Russian Federation permits the services to begin.
By: Paul Gretch
OST-1996-1638 - Form 41; Schedule B-7
November 9, 2007
Motion to Withhold Information from Public Disclosure
Counsel: Northwest, Alexander Van der Bellen, 202-842-3193, sascha.vanderbellen@nwa.com
OST-2003-15507 - Exemption - US-Mexico Codeshare with Delta Air Lines
November 19, 2007
Northwest Airlines, Inc. hereby supplements its August 3, 2007 application for renewal and amendment of exemption authority in the captioned docket. Northwest requests a codeshare exemption and codeshare only designation on the Atlanta-Leon route with Atlantic Southeast Airlines and Shuttle America Corporation in lieu of Delta Air Lines, Inc. This supplement is intended to reflect the current and scheduled operating carriers on the route.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2000-7605 - Exemption - Detroit-Punta Cana
OST-1998-3844 - Exemption - Minneapolis/St. Paul-Punta Cana
December 5, 2007
Application for Renewal of Exemptions
Northwest hereby requests renewal of its exemptions authorizing Northwest to provide scheduled foreign air transportation of persons, property and mail between Detroit, Michigan and Minneapolis/St. Paul, Minnesota, on the one hand, and Punta Cana, Dominican Republic, on the other hand. Northwest requests renewal of these exemptions for a period of at least two years.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2003-15191 - Exemption - US-Points Worldwide on a Third-Country Codeshare Basis
December 5, 2007
Application for Renewal and Amended Exemption Authority
Northwest Airlines, Inc. hereby requests a renewal of its blanket exemption authorizing Northwest to offer scheduled foreign air transportation of persons, property and mail between points in the United States and points worldwide on a third country codeshare basis pursuant to blanket code-sharing statements of authorization approved by the Department. Northwest codeshare partners currently authorized under the instant exemption include KLM, KLM Cityhopper, Societe Air France, Alitalia-Linee Aeree Italiane-S.p.A., and CSA Czech Airlines.
For ease of administrative efficiency, Northwest requests that Korean Air Lines be added to this blanket codeshare exemption. Northwest/KAL blanket codeshare exemption authority is separately authorized in Docket OST-2004-19670 (NOAT Dated January 24, 2005).
In anticipation of currently pending and anticipated blanket codeshare authorizations with Air France's regional carrier affiliates, Northwest requests that Air France's regional affiliates be added to Northwest's blanket codeshare exemption. These carriers are: (i) Regional Compagnie Aerienne Europeenne (application pending, Docket OST-2004-19214); (ii) Brit Air; and (iii) CityJet Limited. Northwest will not exercise the privileges of its blanket exemption with these carriers unless and until the corresponding blanket codeshare authorization is issued. Granting the requested authority at this time will alleviate duplicative and unnecessary filings.
Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com
OST-2003-15507 - Exemption - US-Mexico Codeshare with Delta Air Lines
Filed August 3, 2007 | Issued January 2, 2008
Renewal for two years of exemption authority:
Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, on the one hand, and Sao Paulo, Brazil; Bogota, Colombia; Cancun, Mexico; Guadalajara, Mexico; Mexico City, Mexico; San Jose del Cabo, Mexico; and Lima, Peru, on the other hand; between Cincinnati, Ohio, and Cancun, Mexico; and between Los Angeles, California, on the one hand, Acapulco, Mexico; Cancun, Mexico; and Guadalajara, Mexico, on the other hand. Northwest states that it seeks renewal of the subject authority to serve the markets pursuant to a code-share arrangement with Delta Air Lines, whereby Northwest will place its "NW" code on the flights of Delta on those routes.
Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Monterrey, Mexico. Northwest states that it seeks renewal of the subject authority to serve the Atlanta-Monterrey market pursuant to a code-share arrangement with Atlantic Southeast Airlines, whereby Northwest will place its "NW" code on the flights of ASA on that route.
Scheduled foreign air transportation of persons, property, and mail between Los Angeles, California, on the one hand, and Acapulco, Mexico; Culiacan, Mexico; Ixtapa/Zihuatanejo, Mexico; La Paz, Mexico; Loreto, Mexico; Mazatlan, Mexico; Torreon, Mexico; Zacatecas, Mexico; and Manzanillo, Mexico, on the other hand. Northwest states that it will use this authority to serve the markets pursuant to a code-share arrangement with ExpressJet Airlines, in lieu of ASA/Delta, whereby Northwest will place its "NW" code on the flights of ExpressJet on those routes.
Northwest explains that, although it had previously advised that it would operate these code-share services with other carrier(s), (see Notice of Action Taken dated November 9, 2006, in the present Docket), it will replace the subject services with those of ExpressJet. Northwest states that, in this regard, Northwest expects to display its code on the ExpressJet's flights within one year of the date of this application (i.e., no later than August 3, 2008). We note here that, according to Northwest's application, it will serve the Los Angeles-Acapulco market pursuant to a code-share arrangement with both Delta and ExpressJet.
Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, and Leon/Guanajuato, Mexico. Northwest states that it will use this authority to serve the market pursuant to a code-share arrangement with both ASA and Shuttle America Corporation (Shuttle America), in lieu of Delta, whereby Northwest will place its "NW" code on the flights of ASA and Shuttle on that route.
New exemption authority for two years:
Scheduled foreign air transportation of persons, property, and mail between Los Angeles, California, on the one hand, and Leon/Guanajuato, Mexico, and Los Mochis, Mexico, on the other hand. Northwest states that it seeks this new exemption authority to serve these markets pursuant to a code-share arrangement with ExpressJet, whereby Northwest will place its "NW" code on the flights of ExpressJet on the subject routes.
Consistent with our standard policy, the dormancy notice period will begin on the carrier's proposed startup date of August 3, 2008, in the following U.S.-Mexico city-pair markets: Los Angeles, California, on the one hand, and Acapulco (for code-share services with ExpressJet), Leon/Guanajuato, Culiacan, La Paz, Los Mochis, Loreto, Mazatlan, Torreon, Zacatecas, Ixtapa/Zihuatanejo, and Manzanillo, Mexico, on the other hand.
By: Paul Gretch