UNITED STATES OF AMERICA
DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on March 3 , 20 10



### NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 10

- 0007

______________________________________________ __________________________________________________________________________________ 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: December 1 , 2009

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 a single one

- way air freight forwarding movement

, transporting items of laboratory equipment to analyze and treat
tuberculosis

, from Amsterdam, the Netherlands to USAID, St. Luke’s Hospita l, Juba, Sudan between M arch 1, 2010 and April 30, 2010. The applicants state that the subject shipment constitutes a donation intended to relieve human suffering, as the funds used to purchase the equipment have been donated by The Global Fund. The dire ct air carrier providing the transportation will be Ethiopian Airlines.

The applicants state that UPS Europe SA is incorporated in Belgium. UPS International , a Delaware corporation, holds a 99.99% ownership interest in UPS Europe SA . The applicants sta te that because UPS Europe SA is incorporated in Belgium, and because none of the goods involved here will touch the United States, this shipment may
be outside the jurisdiction of the Department. If this is the case, the applicants request a disclaimer o f jurisdiction in lieu of an exemption

.

Applicant representative: David L. Vaughan

, 202

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- 8462 DOT analyst: Brett D. Kruger , 202

- 366

- 8025

Responsive pleadings: None.

DISPOSITION

Action: Exemption approved to the extent necessary to per mit the proposed operation

. 1

Action date: March 3 , 20 10

Effective dates of authority granted: March 3 , 20 10 , through April 30 , 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), 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. Based on the record before us, and the provisions of Executive Order 13067 and Order 98

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- 5, we found that it is in the 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

.

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

1 We dismiss, as moot, the request for a disclaimer of jurisdiction.____________________________________________________________________________________ ___________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith Department policy; (2) the applicant was qualified to perform its proposed operatio ns; (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 an d Conservation Act of 1975. To the extent not granted/deferred/dismissed, we de nied 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 effec tive 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