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 CPR 302.12 (Amended Form 41; Schedule B-7) 

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# __________________________________) Docket OST-97-2494

MOTION OF FEDERAL EXPRESS CORPORATION FOR CONFIDENTIALTREATMENT PURSUANT TO RULE 12

Communications withrespect to this document shouldbe sent to:
CourtneyE. Felts SeniorAttorney FEDERAL EXPRESS CORPORATION 3620 Hacks Cross Road, Bldg. B Memphis, TN 38125 (901) 434-8632 (901)434-9289

May 8, 2013BEFORE 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) ) ) ) ) ) ) 

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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 Fonn 41, Schedule B-7, Airframe and Aircraft Engine Acquisitions and Retirements Report for the Quarter ended March 31, 2012. As required bythe Depmiment's procedures outlined in a Federal Register notice dated July 16, 2010,75 Fed. Reg 41579-41597, Federal Express has transmitted Schedule B-7 unredacted with the rest ofthat Amended Fonn41 Report. As required inthat 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-7 information.Motion ofFedExExpress 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. Acting under delegated authority, Mr. Mitchell determined on behalfofthe 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 ofInformation Act (5 U.S.C. § 552(b)(3) and (4)) authorize the Depatiment to withhold this financial infonnation. Further, heruled that the Depmiment should denypublic access to this confidential financial infonnation 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 tenyears.
2. UnitedParcel Service Company and United Air Lines sought further extension ofthe confidential period in 2004. The Bureau sought public comment on theirrequests in Docket BTS- 2004-19380. Should the Bureau grant those requests, FedEx seeks similartreatment.Motion ofFedEx Express Docket OST-97-2494 Page 3 of3

WHEREFORE, Federal Express respectfully moves the Department and the
Bureauto withhold the financial information contained in its ScheduleB-7 Report
for the Quarter ended March 31, 2013, filed concurrently herewith under seal,
from public disclosure for a period ofat least ten (10) years, through March 31, 2023, pursuantto 14 C.P.R. § 302.12, and to grant such otherreliefas maybe appropriate.

Respectfully submitted,

# ~~~ 2,f&fy CourtneyE. Felts Senior Attorney FEDERAL EXPRESS CORPORATION