# FecEx Express 

### TEXT OF EMAILTO: ..**~** 't**~** 1**,·~L** '.J Legal Department 3620 Hacks Cross Road Building B, 3id Floor Memphis,TN 38125 Telephone 901.434.8600



### F41Financia1s.Support@dot.gov MUST INCLUDE ATTACHED MOTION WITH EMAIL RE: Federal Express Corporation's Amended Form 41 Schedule B-43 Motion ofFederal Express Corporation For Confidential TreatmentPursuant to Rule 12 Docket No. 97-2494



### This email is to notify you that Federal Express Corporation has transmitted to the Department its Amended F01m 41 report for the Year ended December 31, 2012, which includes confidential material requiring special handling. Included with that report is a copy of its Schedule B-43 Airframe and Aircraft Engine Acquisitions and Retirements, along with the attached Motion for Confidential Treatment ofthat Schedule. We are very grateful for your efforts to maintain the confidentiality of this sei1sitive material. Please do not hesitate to call me should you have any questions withrespect to this filing.

· Sincerely,

FEDERAL EXPRESS CORPORATION

# eo~~[,~J1~ Cou1tneyE. Felts SeniorAttorney Regulatory Affairs Phone: (901) 434-8632 FAX: (901) 434-9289 E-Mail: cefelts@fedex.comBEFORE THE DEPARTMENT OF TRANSPORTATION BUREAU OF TRANSPORTATION STATISTICS WASHINGTON, D.C.

Motion of FEDERAL EXPRESS CORPORATION for Confidential Treatment ofDocuments underRule 12 ofthe Rules ofPractice of the Department ofTransportation, 14 CFR 302.12 (Amended Form 41; Schedule B-43) ) 

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## ----------~---------------------) Docket OST-97-2494

MOTION OF FEDERAL EXPRESS CORPORATION FORCONFIDENTIAL TREATMENT PURSUANT TO RULE 12

Communications withrespect to this document should be sent to:
Courtney E. Felts Senior Attomey FEDERALEXPRESS CORPORATION 3620 Hacks Cross Road, Bldg. B Memphis, TN 38125 (901) 434-8632 (90 1 )434-9289

March 25, 2013 . 

# .BEFORE THE DEPARTMENT OF TRANSPORTATION BUREAU OF TRANSPORTATION STATISTICS WASHINGTON, D.C.

Motion of FEDERAL EXPRESS CORPORATION for Confidential Treatment ofDocuments underRule 12 ofthe Rules ofPractice of the Department ofTransportation, 14 CFR 302.12 (AmendedFmm41; Schedule B-43) 

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# __________________________________) 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 Acquis_itions and Retirements Report for the Year ended December 31,2012. As required bythe 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 withthe rest ofthat Amended Fonn 41 Report. As required in that notice, Federal Express has also sent an email to F41Financials.Support@dot.gov, attaching a copy of this motion and seeking special handling ofthe Schedule B-43 infotmation.Motion ofFedEx Express Docket OST-97-2494 Page 2 of3
1. Byletters 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 ofinformation that is substantiallythe same as that for which FedEx Express seeks confidential treatment here. Actingunder delegated authority, Mr. Mitchell determined onbehalfofthe Department that the aircraft cost infotmation contained in Schedules B-7 and B-43 is confidential and competitively sensitive. He concluded that Exemptions 3 and 4 ofthe Freedom ofInfonnationAct (5 U.S.C. § 552(b)(3) and (4)) authorize the Department to withhold this financial information. Further, he ruled that the Depmiment should denypublic access to this confidential financial infonnation for ten years. The Bureau confirmed its finding of competitive sensitivityin 2004. 69 Fed. Reg. 62309 (October 25, 2004). Forthereasons stated in those letters, the Department should also grant confidential treatment to the data submittedunder seal with this motion for at least ten years.
2. United Parcel Service Companyand United Air Lines sought further extension ofthe confidential period in 2004. The Bureau soughtpublic comment on their requests in Docket BTS- 2004-19380. Should the Bureau grant those requests, FedEx seeks similar treatment.Motion ofFedEx Express Docket OST-97-2494 Page 3 of3

WHEREFORE, Federal Express respectfullymoves the Department and the
Bureau to withhold the financial information containedin its ScheduleB-43 Report
for the Year ended December 31, 2012, filed concun-entlyherewithunder seal,
from public disclosure for aperiod ofat least ten (10) years, through December 31,
. 2022, pursuant to 14 C.P.R. 

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

Respectfully submitted,

Courtney E. Felts SeniorAttorney FEDERAL EXPRESS CORPORATION