	

	Posted 8/6/2003

              3:50pm								Served: August 6, 2003

	

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.



Issued by the Department of Transportation

				on the 6th day of August, 2003

In the matter of the citizenship of 

     DHL AIRWAYS, INC.

Under 49 U.S.C. §40102(a)(15)	

   Docket OST-2002-13089





NOTICE SHORTENING ANSWER PERIOD

On July 30, 2003, the Department issued Order 2003-7-36, reiterating the
limited scope of issues in this proceeding; extending the deadline for
the Chief Administrative Law Judge (Chief Judge) to submit a Recommended
Decision for 30 days; staying the determination of ASTAR’s fitness
under 14 CFR § 204.5 pending the consideration of citizenship issues in
this proceeding; affirming the decision of the Chief Judge to deny the
July 22, 2003 Motion of ASTAR to dismiss or otherwise terminate this
proceeding; and affirming the decision of the Chief Judge to deny the
July 25, 2003 Motion of DHL Holdings (USA), Inc., and DHL Worldwide
Express, Inc., for a declaratory order finding this proceeding to be
moot.  

On August 1, 2003, the Chief Judge issued a Certification to the
Decisionmaker (“Certification”), certifying questions arising from
Order 2003-7-36.  On August 4, 2003, Federal Express Corporation (FedEx)
and United Parcel Service Co. (UPS) filed a Petition for Reconsideration
and/or Clarification, Motion for Immediate Stay of Order 2003-7-36, and
Motion to Shorten Answer Period (“Petition”).  On August 4, ASTAR
filed a response to the Chief Judge’s Certification. 

Under the Department’s regulations, 14 CFR § 302.14, answers to the
Petition would be due on August 14, 2003.  FedEx and UPS asked us to
shorten the answer period to August 8, 2003.  We agree that the public
interest supports a shorter answer period but wish to afford parties
sufficient time to respond.  Accordingly, we establish Monday, August
11, 2003, as the due date for answers to the Petition and the
Certification.  We do not anticipate entertaining replies to answers.



We will serve this Notice on all parties in this docket. 

By:

MICHAEL W. REYNOLDS

Acting Assistant Secretary for Aviation

and International Affairs

An electronic version of this document is available on the World Wide
Web at:  http://dms.dot.gov/search

Attachment

SERVICE LIST

DHL AIRWAYS, INC.

Docket OST-2002-13089

The Honorable Ronnie A. Yoder

Chief Administrative Law Judge

Office of Hearings, M-20, Room 5411

U.S. Department of Transportation

Washington, DC 20590

   FAX: 202-366-7536

	Robert Jeffrey Kelsey

Federal Express Corporation

3620 Hacks Cross Road

Bldg. B, 2nd Floor

Memphis, TN  38125

   FAX: 901-434-4523

Sanford M. Litvack

Joanna R. Swomley

Quinn, Emanueal, Urquhart, Oliver

  & Hedges, LLP

Counsel for DHL Airways, Inc.

805 Third Avenue

New York, NY  10022

   FAX: 212-702-8200

	Pierre Murphy

Law Office of Pierre Murphy

Counsel for Lynden Air Cargo, LLC

1200 New Hampshire Avenue, NW

Suite 800

Washington, DC 20036

   FAX: 202-776-3975

David L. Vaughan

Kelley Drye & Warren LLP

Counsel for United Parcel Service Co.

1200 19th Street, NW, Suite 500

Washington, DC  20036

   FAX: 202-955-9792

	Patricia L. Thomas

Chief, Air Carrier Fitness Division, X-56

U.S. Department of Transportation

Room 6401

400 7th Street, SW

Washington, DC 20590

  FAX:  202-366-7638



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