BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

BUREAU OF TRANSPORTATION STATISTICS 

WASHINGTON, D.C. 

^\RTM£MT OF 

'.ASPORTATION 

::' OFERATiONS 

^o ^ 0 3 

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 (Amended Form 41; Schedule B-7) 

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: 

Courtney E. Felts 

Senior Attorney 

FEDERAL EXPRESS CORPORATION 

3620 Hacks Cross Road, Bldg. B 

Memphis, Tennessee 38125 

(901)434-8632 

(901) 434-9289 FAX 

November 9, 2010 
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 (Amended Form 41; Schedule B-7) 

Docket OST-97-2494 

November 9, 2010 

MOTION OF FEDERAL EXPRESS CORPORATION 

FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 12 

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

from public disclosure certain information contained in its Amended Form 41, Schedule B-7, 

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

September 30, 2010, 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. 
Motion of FedEx Express 

Docket OST-97-2494 

Page 2 of 3 

1. 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. 69 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 fiirther 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. 
Motion of FedEx Express 

Docket OST-97-2494 

Page 3 of 3 

WHEREFORE, Federal Express respectfully moves the Department and the 

Bureau to withhold the financial information contained in its Schedule B-7 Report 

for the quarter ended September 30, 2010, filed concurrently herewith under seal, 

from public disclosure for a period of at least ten (10) years, through September 30, 

2020, pursuant to 14 C.F.R. § 302.12, and to grant such other relief as may be 

appropriate. 

Respectfully submitted. 

Courtney E. Felts 

Senior Attorney 

FEDERAL EXPRESS CORPORATION