Motion of BEFORETHE DEPARTMENT OF TRANSPORTATION BUREAU OF TRANSPORTATION STATISTICS WASHINGTON, D.C. '): ? 

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### FEDERAL EXPRESS CORPORATION ) ) ) ) ) ) ) ) Docket OST-97-2494 for Confidential Treatment ofDocuments under Rule 12 ofthe Rules ofPractice of the Department ofTransportation, 14 CFR 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, Tennessee 38125 (901) 434-8632 (901) 434-9289 FAX

May 7, 2012BEFORE 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) ) ) ) ) ) ) ) )


# ____________________________________) May 7, 2012 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 Form 41, Schedule B-7, Airframe and Aircraft Engine Acquisitions and Retirements Report for the Quatter ended March 31,2012, submitted herewith under seal pursuant to Rule 12 ofthe Rules ofPractice ofthe Department ofTransportation (the Department). 1

1 14 C.F.R. § 302.12. concurrently herewith, Federal Express is submitting acopy ofthe same report to the Bureau ofTransp01tation Statistics, Office ofAirline Information, pursuantto Patt 241 ofthe Economic Regulations, redacted to delete certain confidential financial information from the publicly-available copies ofthe report.\ Motion ofFedEx Express 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, grantedthe motions ofDelta Air 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 onbehalfofthe Departmentthat 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 Department to withhold this financial information. Further, he ruled thatthe Depatiment should deny public access to this confidential financial infmmation for ten years. 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 treatmentto 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 in2004. The Bureau sought public comment ontheirrequests in Docket BTS- 2004 .:..- 19380. Should the Bureau grant those requests, FedEx seeks similar treatment.

### Motion ofFedEx Express Docket OST-97-2494 Page 3of3
WHEREFORE, Federal Express respectfully moves the Department and the Bureau to withhold the financial information contained in its Schedule B-7 Report for the Quarter ended March 31, 2012, filed concurrently herewith under seal, from public disclosure for a period ofat least ten ( 1 0) years, through March 31, 2022, pursuant to 14 C.F.R. §302.12, and to grant such otherreliefas may be appropriate.

Respectfully submitted,
Courtney E. Felts Senior Attorney FEDERAL EXPRESS CORPORATION