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BEFORE THE

DEPARTMENT OF TRANSPORTATION i_ ,

BUREAU OF TRANSPORTATION STATISTICS

WASHINGTON, D.C.

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Motion of )

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MOTION OF FEDE~ EXPRESS CORPORATION

FOR CONFmENTIAL TREATMENT

PURSUANT TO RULE 12

FEDERAL EXPRESS CORPORATION

for Confidential Treatment of Documents I

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

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 28,2014
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 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 of the 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 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 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 a period 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~~~[f~:l

Senior Attorney

FEDERAL EXPRESS CORPORATION