UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation on April 29, 2011

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2011-0081 _________________________________________________________________________________________________________________________

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: April 19, 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 one (1) one-way air freight forwarding movement, during the period of May 1, 2011-August 31, 2011,

from Singapore to Juba, Sudan to transport condoms used to prevent the spread of HIV/AIDS. The applicants 

state that the subject shipment consists of condoms, donated by USAID, intended to relieve human suffering by 

preventing the spread of disease. The applicants further state that the flight is to be conducted pursuant to a 

contract with USAID, and therefore qualifies as official business of the Federal Government. The applicants

state that the direct air carrier providing the transportation will hold the necessary economic authority to operate 

the proposed service.

Applicant representative: Anita M. Mosner, 202-419-2604 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: April 29, 20111

Effective dates of authority granted: May 1, 2011, through August 31, 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. 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 operation.

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, e.g., Notice of Action Taken dated February 18, 2011, in Docket DOT-OST-2011-0030.
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