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BEFORE THE DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

WASHINGTON, D.C.

Motion of UNITED PARCEL SERVICE CO. Docket OST-95

-125 for confidential treatment of documents under Rule 39 of the Rules of Practice of the Department of Transportation 14 C.F.R. 302.39

MOTION OF UNITED PARCEL SERVICE CO. FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39

All communications with respect to this document are tobe forwarded to:
Mr. James T. Miller, Esq. UNITED PARCEL SERVICE CO. 1400 N. Hurstbourne Parkway Louisville, KY 40223 502) 329-6524

August 8, 2014

ot111/8·7qrtly)Docket 48732 BEFORE 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 Transportation 14 C.F.R. 302.39

MOTION OF UNITED PARCEL SERVICE CO. FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39

united Parcel Service Co. ("UPS") hereby submits this motion to withhold from public disclosure, certain information contained inUPS's Schedule B-7, Airframe andAircraft Engine Acquisitions and Retirements Report, for theperiod ending June 3D, 2014, submitted herewith under seal, pursuant toRule 39 of the Rules of Practice of the Department of Transportation ("DOT"). UPS believes that the information contained 

### inits Schedule B-7 report is confidential and commercially-sensitive data, the premature public disclosure of which would cause substantial injury toUPS. UPS requests that the data at issue be withheld from public disclosure for aperiod of ten (10)year8. In support of this motion, UPS states as follows:

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### 3 1. The data filed today ispursuant to Part 241 of the DOT's economic regulations. The great majority of UPS's Part 241 filings are submitted aspublic documents, available for inspection and copying bymembers of thepublic, including foreign and domestic competitors of UPS. 2. A small portion of the information required tobe filed pursuant to Part 241 is of a commercially sensitive and confidential nature. In this case, certain price and cost data contained inUPS's Schedule B-7, are highly sensitive and confidential. Public disclosure of these data would have an adverse financial impact onUPS. Withholding the data from public disclosure is consistent with the Freedom of Information Act (5U.S.C. 552) (the 

### "ForAn), and precedents thereunder. 3. The reasons why these cost and price data are commercially sensitive toadegree which require they be withheld from public disclosure are as follows:

Disclosure of the data diminishes competition among the major aircraft manufacturersj 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 should bewithheld from public disclosure.4. Accordingly, the data should be withheld from public

disclosure by the DOT, pursuant to Exemptions 3and 4 of the ForA (5U.S.C. 552(b)(3) and (4)). 5. Under Exemption 3 of the ForA, information in agency records may be withheld if it is specifically exempted from disclosure by a statute, provided that the statute II(A) requires that the matters be withheld from thepublic in such amanner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding, or refers toparticular types of matters tobe withheld. II Section 1104 of the Federal Aviation Act (49U.S.C. 1504), is exactly the type of statue to which Exemption 3refersl because Section 1104 requires that information be withheld by the DOT if its release would "adversely effect the competitive position of any carrier in foreign air transportation. II As set forth above, the data would have exactly this adverse effect. 6. under Exemption 4of the ForA (5U.S.C. 552(b) (4», information inagency records may be withheld that is "commercial
or financial information obtained from aperson and privileged or confidential. II AS set forth above, these data are of precisely this nature. See National Parks and Conservation Association v. Morton 498 F.2d 7651 769 (D.C. Cir. 1974).

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### WHEREFORE/ United Parcel Service Co. respectfully moves that

the Department of Transportation withhold the attached/ sealed data frompublic disclosure foraperiod of ten (10) 

### years pursuant toRule 39 

### of theDepartment of Transportation1s Rules of Practice, and togrant suchother and further relief asmay be deemed just andnecessary.
Respectfully submitted/

es T. 

### Mil er ~ttorney United Parcel Service Co. 1400 

### N. Hurstbourne Pkwy. Louisville/ KY 40223 (502) 329-6524 

### August 8/ 2014



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