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 ) ) 

## ----------------------------------------) Docket OST-95-125

MOTION OF UNITED PARCEL SERVICE CO. FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39

All communications with respect to this document are to be forwarded to:
Mr. James T. Miller, Esq. UNITED PARCEL SERVICE CO, 1400 N. Hurstbourne Parkway Louisvillel KY 40223 (502) 329-6524

March 21, 2014

Utm /B-4Jycar.doc) 1 -, 

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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 ) )



## --------------------------------------) Docket 48732 BEFORE THE DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

WASHINGTON, D.C.

MOTION OF UNITED PARCEL SERVICE CO. FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39
United Parcel Service Co. (HUPS") hereby submits this motion to withhol<ifrompublic disclosure, certain information contained in UPS's Schedule B-43, Inventory of Airframes and Aircraft Engines, for the period ending December 31, 2013, submitted herewith under seal, pursuant to Rule 39 of the Rules of Practice· of the Department of Transportation ("DOT"). UPS believes that the information contained in its Schedule B-43 report is confidential and commercially-sensitive data, the premature public disclosure of which would cause substantial injury to UPS. UPS requests that the data at issue be withheld frompublic disclosure for aperiod of ten (10) years. In support of this 

### motion, UPS states as follows:

(itm/B-43year.doc) 2(jtmlB-43year.doc) 3 1. The data filed today is pursuant to Part 241 of the DOTls economic regulations. The great majority of UPSls Part 241 filings are submitted as public documents, available for inspection and copying bymembers of the public, including foreign and domestic competitors of UPS. 2. A small portion of the information required to be filed pursuant to Part 241 is of a commercially sensitive and confidential nature. In this case, certain price and cost data contained in UPS's Schedule 8-43, are highly sensitive and confidential. Public disclosure of these data would have an adverse financial impact on UPS. Withholding the data from public disclosure is consistent with the Freedom of Information Act (5U.S.C. 552) (the IIFOIAII), andprecedents thereunder. 3. The reasons why these cost and price data are commercially sensitive to a degree which require they be withheld from public disclosure are as follows:

Disclosure of the data diminishes competition among the major aircraft manufacturers; 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 not; and The Securities and Exchange Commission has determined that these data should be withheld frompublic disclosure.(jlm/B-43ycar.doc) 4 4. Accordingly, the data should be withheld frompublic disclosure by the DOT, pursuant to Exemptions 3 and 4 of the FOlA (5 U.S.C. 552 (b)(3) and (4)). 5. Under Exemption 3 of the FOlA, information in agency records may be withheld if it is specifically exempted from· disclosure by a statute, provided that the statute "(A) requires that the matters be withheld from the public in such amanner as to leave no discretion on the issue, or (B) establishes particular criteria forwithholding, or refers toparticular types of matters to be withheld." Section 1104 of the Federal Aviation Act (49U.S.C. 1504), is exactly the type of statue to which Exemption 3 refers, because Section 1104 requires that information be withheld by the DOT if its release would l1adverselyeffect the competitiv~ position of any carrier in foreign air transportation." As set forth above, the data would have exactly this adverse effect. 6. Under Exemption 4 of the FOIA (5U.S.C. 552(b) (4}), information in agency records may be withheld that is "commercial or financial information obtained from aperson and privileged or confidential." As set forth above, these data are of precisely this nature. See National Parks and Conservation Association v. Morton 498 F.2d 765, 769 (D.C. Cir. 1974). WHEREFORE, United Parcel Service Co. respectfully moves that the Department of Transportation withhold the attached, sealed data frompublic disclosure for aperiod of ten (10) years pursuant to Rule 39 of the Department of Transportation's Rulesdeemed just and necessary.

of Practice, and to grant such other and further relief as may be

March 21, 2014

(jtmlB·43year.doc) 5 Mil er, nited Parcel Servi Co. 1400 N. Hurstbourne Pkwy. Louisville, KY 40223 (502) 329
-6524