~ 1

-",\ BEFORE THE DEPARTMENT OF TRANSPORTATION i_ , BUREAU OF TRANSPORTATION STATISTICS

WASHINGTON, D.C.

r Motion of ) ) ) ) ) ) 

### ------------------------------------)

MOTION OF FEDE~ EXPRESS CORPORATION FOR CONFmENTIAL TREATMENT PURSUANT TO RULE 12 FEDERAL EXPRESS CORPORATION for Confidential Treatment ofDocuments 

## I under Rule 12 ofthe Rules ofPractice of the Department of Transportation, 14 CFR 302.12 (Amended Form 41; Schedule B-43) Docket OST-97-2494

Communications with respect to this doculent should be sent to: I Courtney E. Felts Senior Attorney FEDERAL EXPRESS CORPORATION 3620 Hacks Cross Road, Bldg. B Memphis, TN 38125 (901) 434-8632 (901)434-9289

March 28,2014BEFORE THE DEPARTMENT OF TRANSPORTATION BUREAU OF TRANSPORTATION STATISTICS

WASHINGTON, D.C.

Motion of ) ) ) ) ) ) )



## -----------------------------------) FEDERAL EXPRESS CORPORATION for Confidential Treatment of Documents under Rule 12 ofthe Rules of Practice of the Department of Transportation, 14 CFR 302.12 (Amended Form 41; Schedule B-43) Docket OST-97-2494

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-43, Airframe and Aircraft Engine Acquisitions and Retirements Report for the Year ended December 31, 2013
. As required by the Department's procedures outlined in a Federal Register notice dated July 16, 2010, 75 Fed. Reg 41579-41597, Federal Express has transmitted Schedule B-43 unredacted with the rest ofthat Amended Form 41 Report. As required in that notice, Federal Express has also sent an email to F41Financials.SuppOlt@dot.gov, attaching a copy of this motion and seeking special handling ofthe Schedule B-43 information.Motion of FedEx Express Docket OST-97-2494 Page 2 of3 1. By letters dated August 23, 1994 and June 5, 1995, Mr. James W. Mitchell, former Director, Office ofAirline Statistics, Research and Special Programs Administration, granted the motions ofDelta 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 ofthe 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 ofthe Freedom of Information Act (5 D.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 further extension ofthe 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 of3

WHEREFORE, Federal Express respectfully moves the Department and the
Bureau to withhold the financial information contained in its Schedule B-43 Report
for the Year ended December 31, 2013, filed concurrently herewith under seal,
from public disclosure for aperiod of at least ten (10) years, through December 31, 2023, pursuant to 14 C.F.R. § 302.12, and to grant such other relief as may be appropriate.
Respectfully submitted, 

# Qu~~~:l [f~ Senior Attorney FEDERAL EXPRESS CORPORATION