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



# . · :. : ;
__ ·: ; ; .**·--~** -_):
i**~** -·- ·:**-~** .--\ 'j

FEDERAL EXPRESS CORPORATION for Confidential Treatment ofDocuments under Rule 12 ofthe Rules ofPractice of the Department ofTransportation, 

### ) ) ) 

### ) ) ) Docket OST-97-2494
14 CPR 302.12 (Amended Form 41; Schedule B-7)


# __________________________________) MOTION OF FEDERAL EXPRESS CORPORATION FORCONFIDENTIAL TREATMENT PURSUANT TO RULE 12

Communications with respect to this document should be sent to: Courtney E. Felts Senior Attorney FEDERAL EXPRESS CORPORATION 3620 Hacks Cross Road, Bldg. B Memphis, TN 38125 (901) 434-8632 (901 )434-9289

October 29,2014BEFORE 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 Form41; Schedule B-7) ) 

### ) ) ) ) ) )


# ____________________________________) 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 ce1iain information contained in its Amended Form 41, Schedule B-7, Airframe and Aircraft Engine Acquisitions and Retirements Report for the Quatier ended September 30, 2014. 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-7 unredacted with the rest ofthat Amended Form 41 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. 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 American Airlines, Inc., respectively, for confidential treatment ofinformation that is substantially the same as that for whichFedEx 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 concludedthat Exemptions 3 and 4 ofthe Freedom ofInformation Act (5 U.S.C. 

### § 552(b)(3) and (4)) authorize the Departmentto withhold this financial information. Further, he ruled thatthe Department should deny public access to this confidential financial information for tenyears. The Bureau confirmed its finding of competitive sensitivity in 2004. 69 Fed. Reg. 62309 (October 25,2004). Forthe reasons stated inthose letters, the Department should also grant confidential treatment to the data submitted under seal with this motion for at leastten years. 2. United Parcel Service Company and United Air Lines sought further extension ofthe confidential period in 2004. The Bureau sought public comment ontheir requests in Docket BTS- 2004-19380. Should the Bureau grant thoserequests, FedEx seeks similar treatment.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 Schedule B-7 Report for the Quarter ended September 30, 2014, filed concurrently herewith under seal, from public disclosure for a period ofatleastten (10) years, through September 30, 2024, pursuant to 14 C.F.R. 

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

# ~~~ ComtneyE. Felts Senior Attorney FEDERAL EXPRESS CORPORATION