UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on February 18, 2011

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2011-0030 _________________________________________________________________________________________________________________________

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: February 15, 2011

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 two (2) one-way air freight forwarding movements, during the period of February 21, 2011-April 30, 

2011, from Mumbai, India to Juba, Sudan to transport medicine to treat malaria. The applicants state that the 

subject shipments consist of medicine intended to relieve human suffering, donated by USAID. The applicants 

further state that the flights are to be conducted pursuant to a contract with USAID, and therefore qualify as 

official business of the Federal Government. The applicants state that the direct air carriers 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 operations.

Action date: February 18, 20111

Effective dates of authority granted: February 18, 2011, through April 30, 2011.

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

62 Fed. Reg. 59,989 (1997)), 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 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 Order 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 applicants to conduct the proposed operations.

2

 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 have previously taken 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; Notice of Action Taken dated May 20, 2010, in Docket DOT-OST-2010-

0128; Notice of Action Taken dated August 27, 2010, in Docket DOT-OST-2010-0210; and Notice of Action Taken dated 

October 20, 2010, in Docket DOT-OST-2010-0257.
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 applicants were qualified to perform the 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