UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on April 20, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0085 ________________________________________________________________________________________________________________________________

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).

Applicants: UPS EUROPE SA and UPS INTERNATIONAL, INC. (UPS INTERNATIONAL)

Date Filed: April 5, 2010

Relief requested: Exemption from the provisions of the Department’s Order 98-2-5 (Suspension of Cargo Air 

Operations Between the United States and Sudan, Docket DOT-OST-1998-3204) to permit UPS Europe SA to operate 

sixteen (16) one-way air freight forwarding movements, during the period of May 8, 2010-August 22, 2010, from 

Schiffweiler, Germany and Daman, India to Sudan to transport medicine to treat tuberculosis. The applicants state 

that the subject shipments consist of medicine intended to relieve human suffering, donated by the Stop TB 

Partnership. The applicants further state that the flights are to be conducted pursuant to a contract with the United 

Nations, and therefore qualify as official business of the United Nations. The direct air carriers providing the 

transportation hold the necessary economic authority to operate the proposed services.

The applicants also request that the Department amend Order 98-2-5 so as to grant blanket permission for shipments 

on behalf of the United Nations or U.S. Government, and for shipments to Southern Sudan as is permitted by 

Executive Order 13412.

Applicant representative: David L. Vaughan, 202-342-8462 DOT analyst: Brett D. Kruger, 202-366-8025

Responsive pleadings: None.

DISPOSITION

Action: (1) Exemption request approved to the extent necessary to permit the proposed operation.

(2) Request to amend Order 98-2-5 dismissed.

1

Action date: April 20, 20102

Effective dates of authority granted: May 8, 2010, through August 22, 2010.

Basis for approval: Order 98-2-5, issued by the Department pursuant to Executive Order 13067 (published at Fed. 

Reg. 59987-59990, November 5, 1998), strictly prohibits virtually all transactions involving transportation of cargo 

to/from Sudan, and does not address exceptions set forth in the Executive Order. Executive Order 13067 § 2(b), 

however, specifically provides an exception for donations of articles intended to relieve human suffering, such as 

food, clothing, and medicine. Furthermore, Executive Order 13412 (published at Fed. Reg. 61369-61371, October 17, 

2006), provides an additional exception for official business of the United Nations. Based on the record before us, 

and the provisions of Executive Order 13067, Executive Order 13412, and Order 98-2-5, we found that it is in the 

 1 We find in the current circumstances that our procedures for handling, by exemption, applications of the type at issue here are

adequate to address the needs of all parties, and that amendment of our action in Order 98-2-5 is not necessary. 2 The Department is acting on the applicants’ application prior to the expiration of the 15-day answer period with the consent of all 

parties served.
public interest to grant an exemption from Order 98-2-5, to the extent necessary to permit the applicant to conduct the 

proposed operations.

3

Action taken by: Paul L. Gretch, Director, Office of International Aviation

_______________________________________________________________________________________________________________________________

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) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consistent with 

the public interest; and (4) 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/deferred/dismissed, 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 document is available on the World Wide Web at:

http://www.regulations.gov

 3 We recently took a similar action regarding another request by the applicant for authority to conduct service to Sudan. See Notice 

of Action Taken dated March 3, 2010, in Docket DOT-OST-2010-0007.