BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

BUREAU OF TRANSPORTATION STATISTICS 

WASHINGTON, D.C. 

Motion of 

FEDERAL EXPRESS CORPORATION 

for Confidential Treatment of Documents 

under Rule 12 of the Rules of Practice of 

the Department of Transportation, 

14 CFR 302.12 (Form 41; Schedule B-43) 

Docket OST-97-2494 

MOTION OF FEDERAL EXPRESS CORPORATION 

FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 12 

Communications with respect to this document should be sent to: 

James A. Davis 

Senior Attorney 

FEDERAL EXPRESS CORPORATION 

3620 Hacks Cross Road, Bldg. B 

Memphis, Tennessee 38125 

(901) 434-8488 

(901) 434-9289 FAX 

771166 
^ a 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

BUREAU OF TRANSPORTATION STATISTICS 

WASHINGTON, D.C. 

Motion of 

FEDERAL EXPRESS CORPORATION 

for Confidential Treatment of Documents 

under Rule 12 of the Rules of Practice of 

the Department of Transportation, 

14 CFR 302.12 (Form 41; Schedule B-43) 

Docket OST-97-2494 

March 31, 2010 

MOTION OF FEDERAL EXPRESS CORPORATION 

FOR CONFIDENTL\L TREATMENT 

PURSUANT TO RULE 12 

Federal Express Corporation (Federal Express) hereby submits this motion to withhold 

from public disclosure certain information contained in its Form 41, Schedule B-43, 

Airframe and Aircraft Engine Acquisitions and Retirements Report for the year ended 

December 31,2009, submitted herewith under seal pursuant to Rule 12 of the Rules of 

Practice of the Department of Transportation (the Department).' 

' 14 C.F.R. § 302.12. concurrently herewith. Federal Express is submitting a copy of the same report to the 

Bureau of Transportation Statistics, Office of Airline Information, pursuant to Part 241 of the 

Economic Regulations, redacted to delete certain confidential financial information from the 

publicly-available copies of the report. 

771166 
Motion of FedEx Express 

Docket OST-97-2494 

Page 2 of 3 

By letters dated August 23,1994 and June 5,1995, Mr. James W. Mitchell, 

former Director, Office of Airline Statistics, Research and Special Programs 

Administration, granted the motions of Delta Air Lines, Inc. and American 

Airlines, Inc., respectively, for confidential treatment of information that is 

substantially the same as that for which FedEx Express seeks confidential 

treatment here. Acting under delegated authority, Mr. Mitchell determined on 

behalf of the Department that the aircraft cost information contained in Schedules 

B-7 and B-43 is confidential and competitively sensitive. He concluded that 

Exemptions 3 and 4 of the Freedom of Information Act (5 U.S.C. § 552(b)(3) and 

(4)) authorize the Department to withhold this financial information. Further, he 

ruled that the Department should deny public access to this confidential financial 

information for ten years. The Bureau confirmed its finding of competitive 

sensitivity in 2004. (i9 Fed. Reg. 62309 (October 25, 2004). For the reasons stated 

in those letters, the Department should also grant confidential treatment to the 

data submitted under seal with this motion for at least ten years. 

2. United Parcel Service Company and United Air Lines sought fiuther extension of 

the confidential period in 2004. The Bureau sought public comment on their 

requests in Docket BTS - 2004 - 19380. Should the Bureau grant those requests, 

FedEx seeks similar treatment. 

771166 
Motion of FedEx Express 

Docket OST-97-2494 

Page 3 of3 

WHEREFORE, Federal Express respectfiilly moves the Department and 

the Bureau to withhold the financial information contained in its Schedule B-43 

Report for the year ended December 31, 2009, filed concurrently herewith under 

seal, from public disclosure for a period of at least ten (10) years, through 

December 31, 2019, pursuant to 14 C.F.R. § 302.12, and to grant such other relief 

as may be appropriate. 

Respectfiilly subftiitted, 

js A. Davis 

Senior Attorney 

FEDERAL EXPRESS CORPORATION 

771166