Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar

OST-2000-6937

http://www.astaraircargo.com/

DHL Airways, Inc. 

Application of DHL Airways, Inc. ("DHL") pursuant to 49 U.S.C. Section 40109 (c), applies for an exemption from 49 U.S.C. Section 41101 to the extent necessary to enable it to provide all-cargo air service between the United States and Kuwait, and to integrate the exemption authority with its certificate authority for all-cargo service on Route 692 between the United States and intermediate points (including Belgium and Bahrain.) 

Counsel: DHL and R. Tenney Johnson, 202-663-9030

DHL Airways, Inc. 

Exemption for one year 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 also requests the authority to integrate its exemption here with its certificate authority for allcargo service on Route 692.

DHL intends to operate service between Cincinnati/New York and Kuwait via Brussels/Bahrain' under code-share arrangements with Gemini Air Cargo and DHL International E.C. DHL would place its designator code on flights operated by Gemini between New York and Brussels and flights operated for DHL International E.C. under a wet lease arrangement with Nordstress Australia Pty., Limited between Bahrain and Brussels. The flights between Bahrain and Kuwait would be operated by DHL International E.C. with its own aircraft. DHL will not carry local traffic between Bahrain and Brussels or between Bahrain and Kuwait

By:  Paul Gretch

DHL International E.C. and DHL Airways, Inc.

DHL INTERNATIONAL E.C. AND DHL AIRWAYS, INC. Pursuant to 49 U.S.C. § 40109 and 14 C.F.R. Part 212, DHL International E.C. ("DHLIEC") and DHL Airways, Inc. ("DHL Airways") (together, "Joint Applicants") hereby submit this joint application to renew certain exemption authorities and a statement of authorization issued in the above-captioned dockets, that together enable DHL Airways to offer online all-cargo service between the United States and Bahrain, Kuwait and Dubai via Brussels on a code share basis. Specifically, the parties apply as follows:

DHLIEC applies to renew its exemption authority and statement of authorization, granted in Docket OST-99-5470, authorizing it to display the designator code of DHL Airways on all-cargo flights conducted by DHLIEC between Bahrain and Brussels, Kuwait and Dubai, subject to the condition that all DHLIEC flights carrying the DHL Airways code be operated under an authorized wet lease from a duly authorized and properly supervised U.S. or foreign carrier.

DHL Airways applies to renew its exemption authority, granted in Docket OST-2000-6937, to conduct scheduled foreign air transportation of property and mail between the United States and Kuwait, which authority is integrated with its certificate authority to serve Brussels, Bahrain and Dubai.

DHLIEC has not yet commenced carrying DHL Airways code on its services to Kuwait. As noted above, because Bahrain has yet to receive an IASA rating, DHLIEC is permitted to carry DHL Airways' code only on services operated for DIHLIEC under wet lease. DHLIEC currently does not have a wet leased aircraft available to operate to Kuwait. The Joint Applicants nonetheless here seeks to renew their authority with respect to Kuwait to enable them also carrying the ER code. As required by the Department, all DHLIEC services carrying the DHL Airways ER code are operated by Nordstress Australia Pty., Limited, a carrier of Australia, a country that has received a Category I IASA rating. These online services have been well-received by the shipping public and enable DHL Airways to compete more effectively with its competitors. No material changes have occurred with respect to the abilities of either DHLIEC or DHL Airways to provide these services. The renewal of these authorities is clearly consistent with the public interest.

Counsel:  Wilmer Cutler, Karan Bhatia, kbhatia@wilmer.com

DHL International E.C. and DHL Airways, Inc.

Renew exemption for 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.

By:  Paul Gretch

DHL Airways, Inc.

In light of the substantial public evidence showing that DHL Airways fails to comply with U.S. citizenship requirements,' Airways' failure to establish that it is a citizen is more than a mere oversight, and provides good cause for the Department to review the staff's action in this docket. Moreover, as the Department itself has noted, the issues regarding the application of Airways' stated owner, DHL Worldwide Express, Inc., are complex and need to be considered. FedEx urges the Department to exercise its discretion to review and to revoke the exemption renewal granted in this docket because the application fails, to inform the public and the Department that the citizenship of DHL Airways and its stated owner, DHL Worldwide Express, Inc., has changed. The Department's Notice of Action Taken expressly reserves the Department's power to amend, modify, or revoke the exemption authority, without a hearing.

Counsel:  Federal Express, Rush O'Keefe, 901-434-8586

Compliance with U.S.- Citizenship Requirements of DHL Airways, Inc. and DHL International E.C. and DHL Airways, Inc.

Because the two pleadings are based on the same factual misunderstanding, and to avoid further cluttering the dockets with additional and unnecessary pleadings, DHL Airways, Inc., files this Answer in both dockets to reiterate its strong opposition to the ceaseless efforts of Federal Express to impugn Airways' fitness. For reasons explained here and elsewhere, Airways urges that the Department reject and/or deny these latest Federal Express Motions, Comments, Petitions, and Requests of Federal Express.

For reasons unknown to Airways, Federal Express has embarked upon a campaign to attack Airways before the Department at every turn. Airways can only speculate what additional surprises Federal Express has in store as it continues its unprincipled attack on a small competitor and on freight competition in the domestic market. The Department should not sanction this continued abuse of process and should accordingly dismiss Federal Express' complaints, petitions and requests in these two dockets.

Counsel:  Stephen Lachter, 202.862.4321, lachter@starpower.net

DHL Airways, Inc.

By:  Susan McDermott

Compliance with U.S.- Citizenship Requirements of DHL Airways, Inc.  and Petition of United Parcel Service Co. to Institute a Public Inquiry Into The Citizenship and Foreign Control of DHL Airways, Inc

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.  We grant the August 13, 2002 request of DHL Airways 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 Van de Water

DHL Airways, Inc.

Application of DHL Airways, Inc., pursuant to 49 U.S.C. Section 40109, requesting renewal of its exemption authority to provide scheduled foreign air transportation of property and mail between the United States and Kuwait, which authority is integrated with certificate authority to serve Brussels, Bahrain and Dubai.

DHL Airways currently operates between New York and Brussels using its own equipment and pursuant to a code-sharing agreement with Gemini Air Cargo. On code-share flights Airways' designator code, as well as Gemini's designator code is used.

Between Brussels and Bahrain, DHL Airways currently operates pursuant to a code-sharing agreement with DHLIEC, a non-U.S. air carrier authorized to operate between these points and previously offering service in that market with its own equipment. DHLIEC has been granted an exemption, most recently renewed by Notice of Action dated April 25, 2002, and related Statement of Authorization, issued March 6, 2000 for an indefinite period. DHLIEC currently operates between Brussels-Kuwait and Brussels-Dubai via Bahrain under a wet lease with European Air Transport, N.V., a Belgium carrier. The latter arrangement was implemented on an emergency basis to replace an aircraft lost in a mid-air collision over Germany on July 1, 2002. That service was authorized by an emergency exemption and statement of authorization issued August 23, 2002 in Docket OST-2002-12903. A renewal application was filed on December 3, 2002 and is pending before the Department. EAT utilizes B-727 aircraft and displays DHL Airways designator code on its flights between Brussels and the named points in the Middle East.

Counsel: Lachter Clements, Stephen Lachter, 202 862-4321

DHL Airways, Inc.

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.

By:  Paul Gretch

OST-00-6937 - Exemption - US-Kuwait via Brussels and Bahrain

December 3, 2004

Application for Renewal of Exemption Authority

ASTAR is able to offer online service between the United States and Kuwait, via Brussels and Bahrain. The cargo consists of documents, small packages, and air freight (including U.S. mail). These online services have been well‑received by the shipping public and enable ASTAR to compete more effectively with other all‑cargo carriers operating global networks.

Counsel: Lachter & Clements, Stephen Lachter, 202-862-4321, lachter@starpower.net

OST-2000-6937 - Exemption - US-Kuwait Scheduled All-Cargo

Filed December 3, 2004 | Issued April 6, 2005

Notice of Action Taken | Word

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.

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

By: Paul Gretch

OST-2000-6937 - Exemption - US-Kuwait Scheduled All-Cargo

February 2, 2007

Application for Renewal of Exemption Authority

ASTAR Air Cargo, Inc. seeks renewal of its exemption authority to provide scheduled foreign air transportation of property and mail between the United States and Kuwait.' ASTAR's exemption was last renewed by Notice of Action taken on April 6, 2005 and is scheduled to expire on April 6, 2007.

ASTAR was granted blanket route integration authority by Order 2006-1-1 and thus no longer requires separate authority to integrate Kuwait service with certificate authority to serve Brussels, Bahrain, and Dubai, U.A.E. (Route 692).

ASTAR is able to offer online service between the United States and Kuwait, via intermediate points. The cargo consists of documents, small packages, and air freight (including U.S. mail). These online services are well-received by the shipping public and enable ASTAR to compete more effectively with other all-cargo carriers operating global networks. ASTAR's Kuwait service has been temporarily suspended (since October 4, 2006), but ASTAR plans to re-establish scheduled service to Kuwait in the near future.

Counsel: Lachter & Clements, Stephen Lacther, 202-862-4321, slachter@lachter-clements.com

Home | Search | Help
OST by Number | OST by Order | OST by Carrier | OST by Subject | OST by Day
OIA by Carrier/Subject | OIA by Day | FAA by Number | FAA by Subject | FAA by Day
Carrier Financials | Charter Office | Answer/Reply Calendar