UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.  

Served: August 16, 2002                    

_____________________________________________________________________

In Re: COMPLIANCE WITH U.S. CITIZENSHIP 

REQUIREMENTS of DHL AIRWAYS, INC., 

Third Party Complaint pursuant to 14 C.F.R. §302.404

Docket OST-2001-8736

and

PETITION OF UNITED PARCEL SERVICE CO. 

TO INSTITUTE A PUBLIC INQUIRY INTO THE CITIZENSHIP 

AND FOREIGN CONTROL OF DHL AIRWAYS, INC.

Docket OST-2002-13089

_____________________________________________________________________

NOTICE CONSOLIDATING PROCEEDINGS

AND GRANTING EXTENSION OF TIME

Summary

By this notice, for administrative convenience, we consolidate the
filing by Federal Express Corporation (“FedEx”), dated August 7,
2002, in Docket OST-2001-8736 into Docket OST-2002-13089, a petition by
United Parcel Service (“UPS”) to institute an inquiry into the
citizenship of DHL Airways, Inc. (“DHL Airways”).  

We also extend the deadline for answers to both filings to September 6,
2002.  

Consolidation of Proceedings

On August 7, 2002, FedEx filed in Docket OST-2001-8736 a petition for
reconsideration or, alternatively, review of staff action of the
Department’s approval of DHL Airways’ corporate structure. 
Originally, this docket contained a third-party enforcement complaint by
FedEx against DHL Airways , Inc. which was dismissed by the Office of
Aviation Enforcement and Proceedings on May 11, 2001 (Order 2001-5-11). 
That docket is thus closed and is not the appropriate forum in which to
consider FedEx’s petition. 

On August 9, 2002, UPS filed a petition to institute a public inquiry
into the citizenship and foreign control of DHL Airways, Inc.  UPS filed
this petition in a new docket (OST-2002-13089). 

The filings in these two dockets present common issues and are
interrelated.  Both FedEx and UPS ask us for relief with regard to
various issues involving the citizenship of DHL Airways, Inc.  Both
parties also submit substantially similar information to support their
requests. 

We find that consolidation of these filings in Docket OST-2002-13089
will enable the Department and the parties to address these similar
issues and information more efficiently.  Thus, we find that the
principle of administrative efficiency supports the consolidation of the
two proceedings into one coordinated docket.  The consolidation will not
in any way prejudice any decision, substantive or procedural, made
concerning these filings.

Extension of Time 

In a letter of August 13, 2002, DHL Airways requested an extension of
time until September 6, 2002 to respond to the UPS and FedEx petitions. 
In this letter, DHL Airways stated that UPS did not object.  FedEx filed
a Consent to Extension to Reply on August 14, 2002.  For good cause
shown, we believe that DHL Airways’s request is reasonable, and we
will grant it.  

ACCORDINGLY,

1. We consolidate the above-captioned proceedings into Docket
OST-2002-13089; 

  

2. We grant the August 13, 2002 request of DHL Airways, Inc.  for an
extension of time and give interested parties until September 6, 2002 to
answer the petitions of FedEx and UPS in Docket OST-2002-13089.  

By: 

READ C. VAN DE WATER

Assistant Secretary for Aviation

and International Affairs

(SEAL)

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov

		

 

