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. '(. ' BEFORE THE DEPARTMENT OF TRANSPORTATION BUREAU OF TRANSPORTATION STATISTICS WASHINGTON, D.C.
Motion of FEDERAL EXPRESS CORPORATION for Confidential Treatment ofDocuments under Rule 12 ofthe Rules ofPractice of the Department ofTransportation, 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 sentto:

Courtney E. Felts SeniorAttorney FEDERAL EXPRESS CORPORATION 3620 Hacks Cross Road, Bldg. B Memphis, Tennessee 38125 (901) 434-8632 (901) 434-9289 FAX

August 7, 2012BEFORE THE DEPARTMENT OF TRANSPORTATION BUREAU OF TRANSPORTATION STATISTICS WASHINGTON, D.C.
Motion of 

### FEDERAL EXPRESS CORPORATION for Confidential Treatment ofDocuments under Rule 12 ofthe Rules ofPractice of the Department ofTransportation, 14 CFR 302.12 (Amended Form 41; Schedule B-7) ) ) ) ) ) ) ) )



## __________________________________) August 7, 2012 Docket OST-97-2494

MOTION OF FEDERAL EXPRESS CORPORATION FORCONFIDENTIAL 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 andAircraft Engine Acquisitions and Retirements Report for the Quarter ended June 30, 2012, submitted herewith under seal pursuantto Rule 12 ofthe Rules ofPractice ofthe Department ofTransportation (the Department).Motion ofFedEx 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 ofDeltaAir Lines, Inc. and AmericanAirlines, Inc., respectively, for confidential treatment ofinformation that is substantially the same as that for which FedEx Express seeks confidential treatment here. Acting under delegated authority, Mr. Mitchell determined onbehalfofthe Departmentthat 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 ofInformation Act (5 U.S.C. 

### § 552(b)(3) and (4)) authorize the Department to withhold this financial information. Further, he ruled thatthe 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). Forthe reasons stated in those letters, the Department should also grant confidential treatment to the data submitted under seal withthis motion for at least ten years.
2. United Parcel Service Companyand 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 grantthose requests, FedEx seeks similartreatment.Motion ofFedEx Express Docket OST-97-2494 Page 3 of3
WHEREFORE, Federal Express respectfully moves the Department andthe Bureauto withhold the financial information contained in its Schedule B-7 Report for the Quarter ended June 30, 2012, filed concurrently herewith under seal, from public disclosure for a period ofat leastten (10) years, through June 30, 2022, pursuant to 14 C.F.R. 

### § 302.12, and to grant such other reliefas may be appropriate.

Respectfully submitted,
Courtney E. Felts SeniorAttorney FEDERAL EXPRESS CORPORATION