-mi 

BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Motion of 

ABX AIR, INC. 

for Confidential Treatment of Documents 

Under Rule 12 of the Rules of Practice of the 

Department of Transportation, 14 C.F.R. § 302.12 

(Form 41; Schedule B-43) 

Docket DOT-OST-2007-27297 

MOTION OF ABX AIR, INC. FOR 

CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

Comments with respect to this document should be addressed to: 

Joe Hete 

Chief Executive Officer 

ABX Air, Inc. 

145 Hunter Drive 

Wilmington, OH 45177 

Robert P. Silverberg, Esq. 

SILVERBERG, GOLDMAN & BIKOFF, LLP 

1101 SO'*'Street, NW 

Suite 120 

Washington, DC 20007 

Tel: 202-944-3304 

E-Mail: rsilverberg@sgbdc.com 

Attorneys for 

ABX AIR, INC. 

Dated: April 9, 2010 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Motion of 

ABX AIR, INC. 

for Confidential Treatment of Documents 

Under Rule 12 of the Rules of Practice of the 

Department of Transportation, 14 C.F.R. § 302.12 

(Form 41; Schedule B-43) 

Docket DOT-OST-2007-27297 

MOTION OF ABX AIR, INC. FOR 

CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

Pursuant to Rule 12 of the Department of Transportation's ("Department") Rules 

of Practice (14 C.F.R. § 302.12), ABX Air, Inc. ("ABX") hereby requests that certain 

information contained in ABX's Form 41, Schedule B-43, Inventory of Airframes and 

Aircraft Engines, for the year ended December 31, 2009, be accorded confidential 

treatment and be withheld from public disclosure. ABX requests confidential treatment 

of the following commercial and financial information contained in its Schedule B-43: 

(1) Acquired Cost or Capitalized Value; (2) Allowance for Depreciation or Amortization; 

(3) Depreciated Cost or Amortized Value; and (4) Estimated Residual Value. Pursuant to 

§ 302.12, a non-redacted Schedule B-43 is being filed under seal in the enclosed envelope 

with the marking "Confidential Treatment Requested under § 302.12" along with a copy 

of this motion.' 

ABX is also providing to the Bureau of Transportation Statistics a non-confidential 

version of its Schedule B-43 report, which has been redacted to delete the information for 

which ABX is seeking confidential treatment herein. 
Motion of ABX Air, Inc. 

April 9,2010 

Page 2 

The Freedom of Information Act, 5 U.S.C. § 552(b)(4), provides that privileged 

or confidential commercial and financial information obtained from a private person is 

specifically exempted from the requirements of public disclosure due to its business 

sensitive nature. The information that is the subject of this motion details ABX's 

acquisition costs for its airframe and engine purchases. The public release of this 

information would cause substantial competitive and financial injury to ABX. The 

release of this information would significantly hinder ABX's efforts to negotiate 

favorable terms from commercial vendors of airframes, aircraft and aircraft engines. 

Finally, this information would not normally be made public by ABX, as public 

disclosure would cause substantial competitive harm to the company. Accordingly, the 

information should be withheld fi"om public disclosure. 

This information may properly be withheld from public disclosure under 

Exemption 4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), which permits 

protection from disclosure for "trade secrets and commercial or financial information 

obtained from a person and privileged or confidential." See, e.g.. Gulf & Western 

Industries. Inc. v. United States. 615 F.2d 527 (D.C. Cir. 1979); Critical Mass Energy 

Project V. NRC. 975 F.2d 871 (D.C. Cir. 1992). 

The Department has previously determined that the financial information 

contained in Schedule B-43 reports submitted by other carriers would be withheld from 

public disclosure for a period often (10) years from the date on which the information 

was required to be filed. The same ruling should apply with equal validity to ABX's 

Schedule B-43 report that is the subject of this motion. 
Motion of ABX Air, Inc. 

April 9, 2010 

Page 3 

WHEREFORE, ABX Air, Inc. respectfully moves the Department of 

Transportation to withhold the financial information contained in ABX's Schedule B-43 

report for the year that ended December 31, 2009, filed concurrently herewith under seal, 

from public disclosure for a period of ten (10) years, pursuant to Rule 12 of the 

Department's Rules of Practice. 

Respectfully submitted, 

SILVERBERG, GOLDMAN & BIKOFF, L.L.P. 

Attorneys for 

ABX AIR, INC. 

By: no6^P'J^ 

Robert P. Silverberg 

Dated: April 9, 2010