	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on February 4, 2003

NOTICE OF ACTION TAKEN -- DOCKETS OST-2000-6937

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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   DHL Airways, Inc.   filed  12/11/2002   to:	

XX  Renew exemption for two years under 49 U.S.C. §40109 to provide the
following service:

Scheduled foreign air transportation of property and mail between the
United States and Kuwait.  DHL Airways also requests renewal of
authority to integrate its exemption here with its certificate authority
for all-cargo service on Route 692.   

DHL Airways intends to use this authority to operate service between New
York and Kuwait via Brussels and Bahrain under code-share arrangements
with Gemini Air Cargo and DHL International E.C. 

No answers to the application were filed.  

Applicant rep:  Stephen H. Lachter  (202) 862-4321  DOT Analyst: 
Michael D. Bodman (202) 366-9667

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: February 4, 2003,  through
February 4, 2005. 

Action taken by:   Paul L. Gretch, Director	

		    Office of International Aviation	

XX   The authority granted is consistent with the overall state of
aviation relations between the United States and Kuwait.        

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)

XX  Statement of Authorization dated March 6, 2000, authorizing DHL/DHL
International E.C. code-share operations, and conditions therein.  

________________________________________________________________________
____________

Conditions:  The route integration authority granted is subject to the
condition that such operations are consistent with the applicable
bilateral aviation agreements.  Furthermore, (a) nothing in the award of
the route integration authority requested should be construed as
conferring upon DHL Airways additional rights (including fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless DHL Airways first notifies the Department of DHL
Airways’ intent to serve such a market and unless and until the
Department has completed any necessary carrier selection procedures to
determine which carrier(s) should be authorized to exercise such rights;
and (b) should there be a request by any carrier to use the
limited-entry route rights that are included in DHL Airways’ authority
by virtue of the route integration authority granted here, but that are
not then being used by DHL Airways, the holding of such authority by
route integration will not be considered as providing any preference for
DHL Airways in a competitive carrier selection proceeding to determine
which carrier(s) should be entitled to use the authority at issue.  

_____________________________

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 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 order is available on the World Wide Web
at 

http://dms.dot.gov//reports/reports_ aviation.asp

APPENDIX 

U.S. CARRIER

Standard Exemption Conditions

In the conduct of operations authorized by the attached notice, the
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 the applicable requirements of the Federal Aviation
Administration Regulations and with all applicable U.S. Government
requirements concerning security; 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.

 

To assure compliance with all applicable U.S. Government requirements
concerning security, the holder should, before commencing any new
service (including charter flights) to or from a foreign airport, inform
its Principal Security Inspector of its plans.

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