UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on April 20 , 20 10 

### NOTICE OF ACTION TAKEN -- DOCKET DOT - OST - 20 10 - 00 85

______________________________________________ __________________________________________________________________________________ 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). Applicant s : 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 a nd Sud an , Docket DOT

- OST

- 1998

- 3204 ) to permit UPS Europe SA to operate sixteen (16) one - way air freight forwarding movement s , during the period of May 8, 2010

- August 22 , 2010, from Schiffweiler, Germany and Daman, India to Sudan to transport medicine to treat tu berculosis
. 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 Uni ted Nations, and therefore qualify as official business of the United Nations
. The direct air carrier s providing the transportation hold the necessary economic authority to operate the proposed services
. The applicants also request that the Department am end Order 98

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- 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

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- 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

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- 5 dismissed
. 1 Action date: April 20 , 20 10 2 Effective dates of authority granted: May 8 , 20 10 , through August 22 , 201 0
. Basis for approval: Order 98

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- 5, issued by the Department pursuant to Executive Order 13067 (published at Fed. Reg. 59987

- 59990, November 5, 1998), stri ctly 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 article s 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

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- 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 parti es, and that amendment of our action in Order 98

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- 5 is not necessary. 2 The Departmen t 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

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- 5 , to the extent necessary to permit the applicant to conduct the proposed operation s . 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 consist ent with the public interes t; 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 regulati ons, 14 CFR §385.30, may file their pe titions 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 Wid e 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.