BEFORE THE DEPARTMENTOF TRANSPORTATION WASHINGTON, D.C.
Application of UNITED PARCEL SERVICE CO. for Renewal ofExemption from 49

## u.s.c. § 41101 (U.S. -Vietnam) DocketOST-2011-0141

APPLICATION OF UNITED PARCEL SERVICE CO. FOR RENEWAL OF EXEMPTION FROM 49 U.S.C. § 41101

Communicationswith respectto this document should be sentto:
Dontai 

### L. Smalls United Parcel Service Co. PublicAffairs 316 PennsylvaniaAvenue, S.E. Washington, DC 20003 dsmalls@ups.com ScottC. Casey United Parcel ServiceCo. 1400 N. Hurstboume Parkway Louisville, KY40223 scasey@ups.com

Dated: December 19, 2014 Anita M. Mesner JenniferM. Nowak HOLLAND 

### &KNIGHT LLP 800 171h Street, N.W., Suite 1100 Washington, D.C. 20006 Phone: (202) 419-2604 Fax: (202) 955-5564 anita.mosner@hklaw.com Attorneysfor UNITED PARCEL SERVICE 

# co.

NOTICE: ANY PERSON MAY FILE AN ANSWER TO THIS APPLICATION. ANSWERS MUST BE FILED IN THIS DOCKETAND SERVED UPON THE PERSONS LISTEDABOVE, ON OR BEFOREJANUARY5, 2015.Application of BEFORETHE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

UNITED PARCELSERVICE CO. DocketOST-2011-0141 for Renewal ofExemption from 49 

## u.s.c. § 41101 (U.S. -Vietnam)

APPLICATION OF UNITED PARCEL SERVICE CO. FOR RENEWAL OF EXEMPTION FROM 49 U.S.C. § 41101


### United Parcel Service Co. ("UPS"), hereby applies pursuant to 49 U.S.C. 

### § 40109 for renewal of an exemption from 49 U.S.C. 

### § 41101, authorizing UPS to provide foreign air transportation of property and mail between the United States and Vietnam and between Vietnam and any point or points, and to provide charter airtransportation
as authorized under the Air Transport Agreement between the United States and the Socialist Republic of Vietnam ("U.S.-Vietnam Agreement")1 

### and DOT's charter regulations. In support ofthisApplication, UPS submitsthe following: 1. By Notice ofAction Taken dated April 30, 2013, the Department renewed UPS' exemption from 49 U.S.C. 

### § 41101 which permits UPS to provide scheduled foreign airtransportation ofproperty and mail from a point or points in the United States

1 Air Transport Agreement between the Government of the United States of America and the Government of the Socialist Republic ofVietnam (December 4, 2003), as amended on May 18, 2010 and December 13, 2012.UNITED PARCEL SERVICE CO. APPLICATION FOR RENEWAL OF EXEMPTION via intermediate points to a point or points in Vietnam and beyond2 through April 30, 2015. 2. UPS currently provides the service and has been providing the service since the original grant ofthe exemption.3 The same factors which warranted the grant ofthe original exemption remain applicable and warrant the grant ofthis renewal. UPS holds various certificates ofpublic convenience and necessity issued by the Department authorizing UPS to engage in domestic and foreign all-cargo air transportation.4 As such, DOT has determined on numerous occasions that UPS is fit, willing and able to provide the proposed service and to conform to the provisions of the Federal Aviation Actand the rules, regulations and requirements ofthe Departmentthereunder. 3. UPS asks that the exemption authority continue for two years from the Department's final grant ofauthority requested herein, or as the Department determines to be appropriate. 4. In accordance with Section 377.1O(c) of the Department's rules, this renewal application is timely filed prior to the expiration date of the authority at issue. UPS intends to rely upon the Administrative ProcedureAct, specifically, 5 U.S.C. 558(c), which provides that UPS's existing exemption shall not expire until the instant Application has been finally determined by the Department because the existing exemption authorizes "an activity of a continuing nature" within the meaning of that provision.

2 UPS will continue to combine this authority with its other route authorizations and to serve multiple points on the authorized routings to the full extent permitted by the U.S.-Vietnam Agreement, which also authorizes all-cargo service between Vietnam and any third country. See Annex I. UPS will also continue operating charter international all-cargo air transportation under its Worldwide Charter Authority (Order 1988-9-44) and pursuant to 14 C.F.R. Part 212, as permitted byAnnex II ofthe U.S.-Vietnam Agreement.

See Notice ofAction Taken (Jul. 29, 2011), DocketOST-2011-0141. 4 See, e.g., Order No. 2002-7-31 (July 25, 2002), Order No. 2001-1-6 (January 10, 2001); Order No. 98-6-22 (June25, 1998).UNITED PARCEL SERVICE CO. APPLICATION FOR RENEWAL OF EXEMPTION WHEREFORE, United Parcel Service Co. respectfully requests that the Department grantthe requested exemption renewal and any different or additional relief thatthe Department may deem necessary.

Anita M. Mesner JenniferM. Nowak Holland & Knight LLP Attorneysfor United Parcel ServiceCo.UNITED PARCEL SERVICE CO. APPLICATION FOR RENEWAL OF EXEMPTION
CERTIFICATE OF SERVICE I herebycertifythat I havethis date served theforegoing application on the persons identified below by causing a copyto be sent by electronic mail.
robert.wirick@aa.com howard.kass@aa.com dan.weiss@united.com sascha.vanderbellen@delta.com sllunsford@fedex.com sharon.pasley@fedex.com john.s.duncan@faa.gov cristinasa@state.gov



# / Jennifer M. Nowak December 19, 2014