UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on October 20, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2010-0257 ________________________________________________________________________________________________________________________________

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: October 13, 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 

four (4) one-way air freight forwarding movements, during the period of October 14, 2010-December 31, 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 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: October 20, 20101

Effective dates of authority granted: October 20, 2010, through December 31, 2010.

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

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

_______________________________________________________________________________________________________________________________

 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; and Notice of 

Action Taken dated August 27, 2010, in Docket DOT-OST-2010-0210.
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