	

                    UNITED STATES OF AMERICA

            DEPARTMENT OF TRANSPORTATION

                    OFFICE OF THE SECRETARY

                             WASHINGTON, DC

Issued by the Department of Transportation on April 6, 2005

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

________________________________________________________________________
_____________

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   ASTARAstar Air Cargo, Inc.   filed  12/3/2004   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.  ASTAR also requests renewal of authority to
integrate its exemption here with its certificate authority for
all-cargo service on Route 692.   

No answers to the application were filed.

Applicant rep:  Stephen H. Lachter  (202) 862-4321  DOT Analyst:  Gerald
Caolo  (202)  366-2406

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: April 6, 2005  through April
6, 2007. 

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)

________________________________________________________________________
__________________

Remarks:  The authority for which ASTAR requested renewal expired
February 4, 2005, but had been kept in force pursuant to the provisions
of the Administrative Procedure Act, 5 U.S.C. 558(c), as implemented by
14 CFR Part 377, pending action on its timely-filed renewal application.
 

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 ASTAR additional rights (including fifth-freedom
intermediate and/or beyond rights) to serve markets where U.S. carrier
entry is limited unless ASTAR first notifies the Department of
ASTAR’sASTAR s’ 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 ASTAR’s authority by
virtue of the route integration authority granted here, but that are not
then being used by ASTAR, the holding of such authority by route
integration will not be considered as providing any preference for ASTAR
ASTAR 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



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

 ASTAR Air Cargo, Inc., was formerly known as DHL Airways, Inc.

 ASTAR plans to offer online service between the United States and
Kuwait, via Brussels and Bahrain.

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