BEFORE THE DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION WASHINGTON, D.C.

Motion of UNITED PARCEL SERVICE CO. for confidential treatment of documents under Rule 39 of the Rules of Practice of the Department of Transportation 14 C.F.R. 302.39

MOTION OF UNITED PARCEL SERVICE CO.Docket OST-95-125

FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39

All communications with respect to this document are to be forwarded to:
Mr. James 

### T. Miller, Esq. UNITED PARCEL SERVICE CO. 1400 N. Hurstbourne Parkway Louisville, KY 40223 502) 329-6524

February 1, 2013

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:''·BEFORE THE DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION WASHINGTON, D.C.

) Motion of ) ) UNITED PARCEL SERVICE CO. ) ) for confidential treatment of documents ) under Rule 39 of the Rules of Practice ) of the Department of Transportation ) 14 C.F.R. 302.39 ) )



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MOTION OF UNITED PARCEL SERVICE CO.Docket 48732

FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39

United Parcel Service co. (11UPS11) hereby submits this motion to withhold from public disclosure, certain information contained in UPS's Schedule B-7, Airframe andAircraft Engine Acquisitions and Retirements Report, for the periodending December 31, 2012, submitted herewithunder seal, pursuant to Rule 39 of the Rules of Practice of the Department of Transportation (11DOT11 ). UPS believes that the information contained in its Schedule B-7 report is confidential and commercially-sensitive data, the premature public disclosure of which would cause substantial injury to UPS. UPS requests that the data at issue be withheld from public disclosure for a period of ten (10) years. In support of this motion, UPS states as follows:

Gtm/B-7qrtly) 21. The data filed today is pursuant to Part 241 of the DOT's economic regulations. The great majority of UPS's Part 241 filings are submitted as public documents, available for inspection and copyingbymembers of the public, including foreign and domestic competitors of UPS. 2. A small portion of the information required to be filed pursuant to Part 241 is of a commercially sensitive and confidential nature. In this case, certainprice and cost data contained inUPS's Schedule B-7, are highly sensitive and confidential. Public disclosure of these data would have an adverse financial impact on UPS. Withholding the data from public disclosure is consistent with the Freedom of Information Act (5 U.S.C. 552) (the "FOIA11 }, andprecedents thereunder. 3. The reasons why these cost andprice data are commercially sensitive to a degree which require they be withheld from public disclosure are as follows:

(jtm/B-7qrtly) Disclosure of the data diminishes competition among the major aircraft manufacturersi Disclosure of the data impairs competition in the international arena, because United States airlines
are required to reveal major elements of their cost structures when their foreign competitors are noti and The Securities and Exchange Commission has determined that these data shouldbe withheld from public disclosure.

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### 4. Accordingly, the data shouldbe withheldfrompublic disclosureby the DOT, pursuant toExemptions 3 and 4 of the FOIA { 5 U.S•

### C . 552(b)( 3 ) and ( 4 ) } . 5. Under Exemption 3 of the FOIA, information in agency records maybe withheld if it is specificallyexempted from disclosure bya statute, providedthat the statute "(A) requires that thematte.rs be withheld from thepublic in such a manner as to leaveno discretionon the issue, or (B) establishes particular criteria for withholding, or refers toparticular types of matters tobe withheld." Section 1104 of the Federal AviationAct {49 U.S.C. 1504), is exactlythe type of statue to whichExemption 3 refers, because Section 1104 requires that informationbe withheldby the DOT if its release would "adverselyeffect the competitivepositionof any carrier in foreign airtransportation." As set forth above, the data would have exactly this adverse effect. 6. Under Exemption4 of the FOIA (5 U.S.C. 552(b)(4)), information inagencyrecords may be withheld that is "commercial
or financial informationobtained from a person andprivilegedor confidential. 11 

### As set forth above, these data are of precisely this nature. SeeNational Parks and ConservationAssociationv. Morton 498 F.2d 765, 769 (D.C. Cir. 1974).

(itm!B-7qrtly) 

### 4WHEREFORE1 United Parcel Service Co. respectfullymoves that the Department of Transportationwithhold the attached/ sealed data from public disclosure for a period of ten (10) years pursuant to Rule 39 of the Department of Transportation's Rules of Practice 1 and to grant such other and further relief as may be deemed just and necessary.

February 1 1 2013

Utm1B-7qrtly) 

### 5 es T. Miller ttorney ed/ /- 

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I United Parcel Service Co. 1400 N. Hurstbourne Pkwy. Louisville 1 KY 40223 (502} 329-6524