Motion of BEFORE THE DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION WASHINGTON, D.C.

UNITED PARCEL SERVICE CO. ZDil**.~** I**.:.:~** f

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 withrespect to this document are to be forwarded to:
Mr. James T. Miller/ Esq. UNITED PARCEL SERVICE CO. 1400 N. Hurstbourne Parkway Louisville/ KY 40223 502) 329-6524

October 19, 2012

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### IL!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.Docket 48732

FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39

United Parcel Service Co. ("UPS") hereby submits this motion to withhold from public disclosure, certaininformationcontained in UPS's Schedule B-7, Airframe andAircraft Engine Acquisitions and Retirements Report, for the period ending September 30, 2012, submittedherewithunder seal, pursuant toRule 39 of the Rules of Practice of the Department of Transportation ("DOT"). UPS believes that the informationcontainedin its Schedule B-7 report is confidential and commercially-sensitive data, the premature public disclosure of whichwould cause substantial injury to UPS. UPS requests that the data at issue be withheld from public disclosure for a period of ten (10) years. In support of this motion, UPS states as follows:

(jtm/B-7qrtly) 21. The data filed today ispursuant to Part 24l of the DOT 1s economic regulations. The greatmajority of·UPS 1s Part 241 filings are submittedas public documents/ available for inspection and copyingbymembers of the public 1 including foreign and domestic competitors of UPS. 2. A small portionof the information required tobe filed pursuant to Part 241 is of a commercially sensitive and confidential nature. In this case1 certainprice and cost data contained inUPS's Schedule B-7 1 are highly sensitive and confidential. Public disclosure of these datawouldhave an adverse financial impact onUPS. Withholding the data from public disclosure is consistentwith the Freedom of Information Act (5 U.S.C. 552) (the 11FOIA"}, andprecedents thereunder. 3. The reasons why these cost andprice data are commercially sensitive to a degree which require theybe withheld frompublic disclosure are as follows:

(jlm/B-7qrtly) Disclosure of the data diminishes competition among the major aircraft manufacturersi 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 

### noti and The Securities and Exchange Commission has determined that these data shouldbe withheld from public disclosure.

34. Accordingly, the data shouldbe withheld frompublic disclosure by the DOT, pursuant to Exemptions 3 and 4 of the FOIA (5

### u.s.c. 552{b)(3) and {4)). 5. Under Exemption 3 of the FOIA, information inagency records maybe withheld if it is specifically exempted from disclosureby a statute, provided that the statute "(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding1 orrefers toparticular types of matters to be withheld." Section 1104 of the Federal AviationAct (49 U.S.C. 1504)1 is exactly the type·of statue to whichExemption 3 refers, because Section 1104 requires that informationbe withheldby the DOT if its release would "adversely effect the competitive positionof any carrier in foreign air transportation. 11 As set forth above, the datawould have exactly this adverse effect. 6. Under Exemption 4 of the FOIA (5 U.S.C. 552(b)(4)), information in agency records maybe withheld that is 11commercial
or financial informationobtained from a person andprivileged or confidential. 11 As set forth above/ these data are of precisely this nature. See National Parks and ConservationAssociationv. Morton 498 F.2d 765, 769 (D.C. Cir. 1974).

(jtm/B-7qrtly) 4WHEREFORE, United Parcel Service Co. respectfullymoves that the Department of Transportationwithhold the attached/ sealed data from public disclosure for a period of ten (10) years pursuant to Rule 39 of the Department of Transportation's Rules of Practice, and to grant suchother and further relief as may be deemedjust andnecessary.

October 19, 2012

(jlrn!B-7qrtly) 

### 5 es T. ttorney United Parcel Service Co. 1400 N. Hurstbourne Pkwy. Louisville/ KY 40223 (502) 329-6524