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Updated: Tuesday, January 22, 2008 11:10 AM


OST-2006-25251 - Northwest Airlines - Memphis-Cozumel; Detroit-Zihuatanejo/Ixtapa

http://www.nwa.com/


OST-2005-21816 - USA 3000's Exemption Authority for Detroit-Zihuatanejo/Ixtapa


Northwest Airlines, Inc.

OST-2006-25251 - Exemption - Memphis-Cozumel; Detroit-Zihuatanejo/Ixtapa

June 27, 2006

Application for an Exemption and Designation

Northwest seeks exemption authority to provide scheduled foreign air transportation of persons, property and mail on the Memphis-Cozumel and Detroit- Zihuatanejo/Ixtapa routes. Northwest will operate both services on a Saturday, seasonal basis beginning February 17, 2007. 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.

By Notice of Action Taken dated September 2, 2005 (Docket OST-2005-21781), the Department previously issued Northwest exemption authority for Memphis-Cozumel and Detroit- Zihuatanejo/Ixtapa. Due to the effects of Hurricane Wilma, and Northwest’s reorganization priorities under Chapter 11, neither of these services were implemented during the prior winter season. By this application, Northwest is requesting reinstatement of its authority for the routes identified in this application.

Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com


OST-2006-25251 - Exemption - Memphis-Cozumel; Detroit-Zihuatanejo/Ixtapa

July 6, 2006

Notice of Service Date Change

Please be advised that Northwest now proposes to commence Detroit-Zihuatanejo/Ixtapa service on January 20, 2007, rather than February 17, 2007 as originally proposed.

Counsel: Northwest, Alexander Van der Bellen, 202-842-4180


OST-2006-25251 - Exemption - Memphis-Cozumel; Detroit-Zihuatanejo/Ixtapa

July 7, 2006

Re: Polling Results

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


OST-2006-25251 - Exemption - Memphis-Cozumel; Detroit-Zihuatanejo/Ixtapa

Filed June 27, 2006 | Issued July 10, 2006

Notice of Action Taken | Word

Scheduled foreign air transportation of persons, property, and mail between (1) Memphis, Tennessee, and Cozumel, Mexico; and (2) Detroit, Michigan, and Zihuatanejo/Ixtapa, Mexico.  Northwest states that it will serve these markets on a seasonal basis, beginning February 17, 2007.

By: Paul Gretch


OST-2006-25251 - Exemption - Memphis-Cozumel; Detroit-Zihuatanejo/Ixtapa

Filed June 27, 2006 | Issued July 11, 2006

Notice of Action Taken | Word - Corrected Copy

Scheduled foreign air transportation of persons, property, and mail between (1) Memphis, Tennessee, and Cozumel, Mexico; and (2) Detroit, Michigan, and Zihuatanejo/Ixtapa, Mexico. Northwest states that it will serve these markets on a seasonal basis, beginning January 20, 2007.

Corrected Notice of Action Taken reflects the modified startup date for the subject services.

By: Paul Gretch


OST-2006-25251 - Exemption - Memphis-Cozumel; Detroit-Zihuatanejo/Ixtapa

July 18, 2006

Petition for Limited Review of Staff Action

Northwest Airlines, Inc. hereby petitions the Department for a limited review of the Notice of Action Taken (issued July 11, 2006) in this docket with respect to the dormancy/startup condition. Northwest urges that the Department amend the startup condition date for each of the subject services to apply a 90 day dormancy condition to run from the proposed start dates, consistent with long-standing Department practice.

Northwest is concurrently filing an Answer to Delta and ASA’s similar petition in Docket OST-2006-24984, and hereby adopts and incorporates by reference the arguments set forth therein.

Counsel: Northwest, Alexander Van der Bellen, 202-842-4184, sascha.vanderbellen@nwa.com


OST-2006-24984 - ASA and Delta - Los Angeles-Mexico Routes
OST-2006-25251 - Northwest - Memphis-Cozumel; Detroit-Zihuatanejo/Ixtapa

July 21, 2006

Consolidated Answer of United Air Lines

United Air Lines, Inc. hereby answers in support of the petitions filed on July 14, 2006 by Atlantic Southeast Airlines, Inc. and Delta Air Lines, Inc. and on July 18, 2006, by Northwest Airlines, Inc. seeking reinstatement of the Department's long-standing policy of applying the 90-day dormancy period from the proposed start-up date in awarding uncontested US-Mexico transborder routes. For all of the reasons stated in the petitions, the relief sought by Delta and Northwest should be granted and applied on an equal basis to all similarly-situated carriers.

United would, however, take this occasion to clarify one matter. Delta's request for relief from dormancy conditions in the context of carrier selection cases raises issues different from those in the case of an uncontested route award. For example, in the case of the pending Los Angeles-Puerto Vallarta Combination Service Proceeding, Docket OST-2005-23497. the start-up dates proposed by both applicants (United and Delta) have passed. The Department in Order 2006-6-25 instead notes that both carriers have said that they would start within 90 days of an award once their proposed dates had passed.

United understands this to mean that there will be a start-up condition that would require it to start within 90 days of the service date of a final order awarding the route to United, as has been the Department standard in contested Mexico route cases. The dormancy condition would apply only to services that were started within that 90-day period. Delta, on the other hand, seems to be seeking some additional but undefined "reasonable leeway" in meeting the start-up date.

It appears that Delta may be suggesting that it wants a dormancy condition to allow it to start within 90 days of the required start-up date. If that is Delta's position, then this offers the Department yet another reason for reversing its tentative award of Los Angeles-Puerto Vallarta authority to Delta and selecting United instead in circumstances where United will accept a commitment to start its service between Los Angela and Puerto Vallarta within 90 days of the service date of a final order. United, unlike Delta, seeks no additional "leeway" in the form of a more flexible start-up/dormancy condition.

Counsel: Wilmer Hale, Jeffrey Manley, 202-663-6670, jeffrey.manley@wilmerhale.com


Order 2006-10-13
OST-2006-24984 - ASA and Delta - Los Angeles-Mexico Routes
OST-2006-25251 - Northwest - Memphis-Cozumel; Detroit-Zihuatanejo/Ixtapa

Issued October 26, 2006 | Served October 31, 2006

Order on Review

By this order, we grant the joint petition filed by Atlantic Southeast Airlines, Inc., and Delta Air Lines, Inc., in Docket OST-2006-24984, and the petition filed by Northwest Airlines, Inc., in Docket OST-2006-25251, for limited review of staff action with respect to certain startup conditions imposed on certain of the carriers' U.S.-Mexico route authority; and, on review, we grant in substantial part the relief requested.

We grant the joint petition of Atlantic Southeast Airlines, Inc., and Delta Air Lines, Inc., for limited review of staff action, in Docket OST-2006-24984, and on review, grant, to the extent set forth in this order, the relief requested, and amend the conditions section of the Notice of Action Taken dated July 5, 2006, in Docket OST-2006-24984, to read as follows:

  • The U.S.-Mexico exemption authority granted is subject to the dormancy notice requirements set forth in condition 7 of Appendix A of Order 1988-10-2. The exemption authority granted to Delta is limited to code-share services only. The dormancy notice period for the exemption authority granted will begin on the carriers' proposed startup date for these services, as follows:
  • December 1, 2006, for the Los Angeles-Loreto and Los Angeles-La Paz services; February 1, 2007, for the Los Angeles-Hermosillo and Los Angeles-Mazatlan services; March 6, 2007, for the Los Angeles-Torreon services; March 13, 2007, for the Los Angeles-Manzanillo and Los Angeles-Zacatecas services; and March 15, 2007, for the Los Angeles-Culiacan services.

We grant the petition of Northwest Airlines, Inc., for limited review of staff action, in Docket OST-2006-25251, and on review, grant, to the extent set forth in this order, the relief requested, and amend the conditions section of the Notice of Action Taken dated July 11, 2006, in Docket OST-2006-25251, to read as follows:

  • The U.S.-Mexico exemption authority granted is subject to the dormancy notice requirements set forth in condition 7 of Appendix A of Order 1988-10-2. The dormancy notice period for the exemption authority granted will begin on the carrier's proposed startup dates for these services, as follows: February 17, 2007, for the Memphis-Cozumel services, and January 20, 2007, for the Detroit-Zihuatanejo/Ixtapa services.

To the extent not granted, we deny all other requests for relief in Dockets OST-2006-24984 and OST-2006-26251.

By: Andrew Steinberg



OST-2006-23978 - Exemption - US-Latin America - Codeshare with Continental Airlines
OST-2006-23981 - Exemption - US-Ecuador - Codeshare with Delta Air Lines
OST-2006-23979 - Exemption - US-Mexico - Codeshare with Continental Airlines and Delta Air Lines
OST-2004-17677 - Exemption - US-Port of Spain Codeshare with Continental
OST-2006-23983 - Exemption - US-Venezuela - Codeshare with Delta Air Lines
OST-2006-25251 - Exemption - Memphis-Cozumel; Detroit-Zihuatanejo/Ixtapa
OST-1998-4833 - Exemption - US-South America Codeshare with Continental
OST-2004-18860 - Exemption - Minneapolis/St. Paul-Mazatlan
OST-2002-13613 - Exemption - Detroit-Cozumel
OST-2004-19690 - Exemption - Indianapolis/Milwaukee-Cancun
OST-1998-4831 - Exemption - U.S.-Antigua and Barbuda Codeshare with Continental
OST-2002-14036 - Exemption - Newark-Santiago, Dominican Republic Codeshare with Continental

January 18, 2008

Application for Renewal of Exemptions

Northwest hereby requests renewal of the exemption authorities, which enable Northwest to offer scheduled foreign air transportation of persons, property and mail between the United Sates and various foreign points. The exemption services are operated either by Northwest, or its codeshare partners Delta, Continental or ExpressJet. 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


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