### BEFORE THE DEPARTMENT OF TRANSPORTATION 

## ?2!] Y

## -2 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 theDepartment 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 withrespect 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

March 27, 2013·

Otm/B-43ycar.doc) 1BEFORE 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**Transpor~ation** ) 14 C.F.R. 302.39 ) )



# ______________________________________)

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-43, Inventory of Airframes and Aircraft Engines, for the period ending December 31, 2012, submitted herewith under seal, pursuant to Rule 39 of the Rules of Practice of the Department of Transportation ("DOT"). UPS believes that the information contained in its Schedule B-43 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:

Utm/B-43ycar.doc) 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 copying bymembers 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 in UPS's Schedule B-43, 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 11FOIA"), 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-43year.doc)Disclosure of the data diminishes competition among the major aircraft manufacturers; 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 not; and The Securities and Exchange Commission has determined that these data shouldbe withheld from public disclosure.

3

### 4. Accordingly, the data shouldbe withheld from public disclosure by the DOT, pursuant to Exemptions 3 and4 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, provided that the statute 11

### (A) requires that the matters be withheld from the public in such a manner as to leave no discretionon the issue, or (B) establishes particularcriteria for withholding, orrefers toparticular types of matters tobe withheld

... Section 1104 of the Federal AviationAct (49

## u.s.c. 1504), is exactlythe type of statue to which Exemption 3 refers, because Section 1104 requires that informationbe withheldby the DOT if its release would

11

### adverselyeffect the competitivepositionof anycarrier in foreign air transportation

... 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 inagency records may be withheld that is 11

### commercial
or financial informationobtained from a personandprivileged or confidential. 11 

### As set forth above, these data are of precisely this nature. See National Parks and ConservationAssociation y. 

### Morton498 F.2d 765, 769 (D.C. Cir. 1974). WHEREFORE, UnitedParcel Service Co. respectfullymoves that the Department ofTransportationwithhold the attached, sealed data frompublic disclosure for a period of ten {10} years pursuant toRule 39 of the Department of Transportation's Rules

(jtm!B-43year.doc) 4of Practice, and to grant such other and further relief as may be deemedjust and necessary.

March 27, 2013

(jtm/B-43year.doc) 

### 5 s T. M**~le** , s . ited Parcel Service Co. 400 N. Hurstbourne Pkwy. Louisville, KY 40223 (502) 329-6524