UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on August 27 , 20 10 

### NOTICE OF ACTION TAKEN -- DOCKET DOT - OST - 20 10 - 0 210

_____________________________________________ ___________________________________________________________________________________ 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: August 23 , 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 Sudan , Docket DOT

- OST

- 1998

- 3204 ) to permit UPS Europe SA to operate one (1 ) one - way air freight forwarding movement , during the period of August 26 , 2010

- September 17 , 2010, from Mumbai, India to Juba, Sudan to transport medicine to treat malaria
. The app licants state that the subject shipment consist s of medicine intended to relieve human suffering , donated by USAID
. The applicants further state that the flight is to be conducted pursuant to a contract with USAID , and therefore qualifies as official busi ness of the Federal Government
. The applicant s state that the direct air carrier providing the transportation will hold the necessary economic authority to operate the proposed services
. Applicant representative: David L. Vaughan , 202

- 342

- 8462 DOT analyst: Brett D. Kruger , 202

- 366

- 8025 Responsive pleadings: None. DISPOSITION Action: Exemption approved to the extent necessary to permit the proposed operation
. Action date: August 27 , 20 10 1 Effective dates of authority granted: August 27 , 20 10 , through September 17 , 201 0
. Basis for approval: Order 98

- 2

- 5, issued by the Department pursuant to Executive Order 13067 (published at 62 Fed. Reg. 59 ,989 ( 199 7 ) ) , 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 med icine
. Furthermore, Executive Order 13412 (published at 71 Fed. Reg. 61 , 369 ( 2006 ) ), provides an additional exception for official business of the Federal Government
. Based on the record before us, and the provisions of Executive Order 13067 , Executive O rder 13412, and Order 98

- 2

- 5, we found that it is in the public interest to grant an exemption from Order 98

- 2

- 5 , to the extent necessary to permit the applicant to conduct the proposed operation
. 2 Action taken by: Paul L. Gretch, Director, Office of In ternational Aviation

_____________________________________________________________________________________________________________________________ __ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our act ion was consistent with Department policy; (2) the applicant was qualified to perform its proposed operations; (3) grant of the authority was consist ent with
1 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. 2 We recently took similar action regarding other requests by the applicants for authority to conduct service to Sudan. See Notice of Action Taken dated March 3, 2010, in Docket DOT

- OST

- 2010

- 0007; Notice of Action Taken dated April 20, 2010, in Docket DOT

- OST

- 2010

- 0085; and Notice of Action Taken dated May 20, 2010, in Docket DOT

- OST

- 2010

- 0128.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 regulati ons, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This a ction 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