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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 tobe forwarded to:
Mr. James T. Miller, Esq. UNITED PARCEL SERVICE CO, 1400 N. Hurstbourne Parkway Louisville, KY 40223 502) 329-6524

July 23, 2013

(jhn/ll-7qrtly)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 48732

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

United Parcel Service Co. ("UPS") hereby submits this motion to withhold from public disclosure, certain information contained inUPS's Schedule B-7, Airframe andAircraft Engine Acquisitions and Retirements Report, for theperiod ending June 30, 2013, submitted herewith under seal, pursuant toRule 39 of the Rules of Practice of the Department of Transportation ("DOT"). UPS believes that the information contained in its Schedule B-7 report is confidential and commercially-sensitive data, the premature public disclosure of which would cause substantial injury toUPS. UPS requests that thedata at issue be withheld from public disclosure for aperiod of ten (10) years. In support of this motion, UPS states as follows:

GtmlB.7qrtly) 

### 21. The data filed.today ispursuant to Part 241 of the

DOT's economic regulations. The great majority of UPS's Part 241 filings are submitted aspublic documents, available for inspection and copying bymembers of thepublic, including foreign and domestic competitors of UPS. 2. A small portion of the information required to be filed pursuant to Part 241 is of acommercially sensitive and confidential nature. In this case, certain price and cost data contained inUPS's Schedule B-7, are highly sensitive and confidential. Public disclosure of these data would have an adverse financial impact onUPS. Withholding the data from public disclosure is consistent with the Freedom of Information Act (5U.S.C. 552) (the "FOIA"), and precedents thereunder. 3. The reasons why these cost andprice data are commercially sensitive to adegree which require they be withheld from public disclosure are as follows:

Disclosure of thedata 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.

(jtmlll-7qrtly) 34. Accordingly, thedata should be withheld frompublic

disclosure by the DOT, pursuant toExemptions 3 and 4 of the ForA (5U.S.C. 552(b)(3) and (4)). 5. Under Exemption 3of the FOrA, information inagency records may be withheld if it is specifically exempted from disclosure by astatute, 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 ofmatters tobe withheld." Section 1104 of the Federal Aviation Act (49U.S.C. 1504), is exactly the type of statue to which Exemption 3refers, because Section 1104 requires that information be withheld by the DOT if its release would "adversely effect the competitive position of any carrier in foreign air transportation." As set forth above, the data would have exactly this adverse effect. 6. Under Exemption 4of the ForA (5U.S.C. 552(b) (4», information inagency 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. Mo~t_Qn498 F.2d 765, 769 (D.C. Cir. 1974).

Ulm/B-7qrtly) 

### 4WHEREFORE, United Parcel Service Co. respectfully moves that

the'Department of Transportation withhold the attached, sealed data from public disclosure for aperiod of ten (10)years pursuant toRule 39 of the Department of Transportation's Rules of Practice, and togrant such other and further relief as may be deemed just and necessary.

Respectfully submitted,



### es T. torney United Parcel Service Co. 1400 N. Hurstbourne Pkwy. Louisville, KY 40223 (502) 329-6524 July 23, 2013

(jtmlB-7qrlly) 5