UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Issued by the Department of Transportation on April 29 , 20 1 1 

### NOTICE OF ACTION TAKEN
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_______________________________________________ _________________________________________________ _________________________ 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). Applic ant s : UPS EUROPE SA and UPS INTERNATIONAL, INC. (UPS INTERNATIONAL) Date Filed: April 19 , 201 1 Relief requested: Exemption from the provisions of the Department’s Order 98

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- 5 (Suspension of Cargo Air Operations Between the United States a nd Sudan , Doc ket DOT

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- 1998

- 3204 ) to permit UPS Europe SA to operate one ( 1 ) one
- way air freight forwarding movement , during the period of May 1 , 201 1

- A ugust 31 , 201 1 , from Singapore to Juba, Sudan to transport condoms used to prevent the spread of HIV/AIDS

. The app licants state that the subject shipment consist s 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 qualif ies as official business 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 service

. Applicant representative: Anita M. Mosner , 202

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- 2604 DOT analyst: Brett D. Kruger , 202

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- 8025 Responsive pleadings: None. DISPOSITION Action: Exemption approved to the extent necessary to permit the proposed operation

. Action date: April 29 , 20 1 1 1

Effecti ve dates of authority granted: May 1 , 20 1 1 , through August 31 , 201 1

. Basis for approval: Order 98

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- 5, issued by the Department pursuant to Executive Order 13067 (published at 62 Fed. Reg. 59 ,989 ( 199 7 ) ) , strictly prohibits virtually all transactions in volving 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. Fur thermore, 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

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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 s to conduct the proposed operation

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1 The Depa rtment 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 servic e to Sudan. See , e.g. , Notice of Action Taken date d February 18, 2011, in Docket DOT

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- 2011

- 0030.Action taken by: Paul L. Gretch, Director, Office of Internationa l Aviation

_______________________________________________________________________________________________ __________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consiste nt with Department policy; (2) the applicant s w ere 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 Ene rgy 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. P ersons 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 effe ctive 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