BEFORE THE DEPARTMENT OF TRANSPORTATION BUREAU OF TRANSPORTATION STATISTICS

WASHINGTON, D . C . ) ) 

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### ------------------------- - --------) Motion of 

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Docket OST-97-2494 FEDERAL EXPRESS CORPORATION for Confidential Treatment of Documents under Rule 12 of the Rules of Practice of the Department of Transportation, 14 CFR 302.12 (Amended Form 41 ; Schedule B-7)

MOTION OF FEDERAL EXPRESS CORPORATION FOR CONFIDENTIAL 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, TN 38125 (901) 434-8632 (901)434-9289

July 22,2014BEFORE THE DEPARTMENT OF TRANSPORTATION BUREAU OF TRANSPORTATION STATISTICS

WASHINGTON, D.C.
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- - -- - -- ----- - - - - -- - -- - ---- - -- - ------) Motion of 

## FEDERAL EXPRESS CORPORATION for Confidential Treatment of Documents under Rule 12 ofthe Rules of Practice of the Department of Transportation, 14 CFR 302.12 (Amended Fonn 41; Schedule B-7) 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 FOlID 41, Schedule B -7 , Airframe and Aircraft Engine Acquisitions and Retirements Report for the Quarter ended June 30, 2014. As required by the Department's procedures outlined in a Federal Register notice dated July 16,2010,75 Fed. Reg 41579-41597, Federal Express has transmitted Schedule B-7 unredacted with the rest of that Amended FOlID 41 Report. As required in that notice, Federal Express has also sent an email to F41Financials .SuppOIt(a)dot. gov, attaching a copy of this motion and seeking special handling of the Schedule B-7 information.Motion of FedEx 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 of Airline Statistics, Research and Special Programs Administration, granted the motions of Delta Air Lines, Inc. and American Airlines , Inc., respectively, for confidential treatment of information that is substantially the same as that for which FedEx Express seeks confidential treatment here. Acting under delegated authority, Mr. Mitchell determined on behalf of the Department that the aircraft cost information contained in Schedules B-7 and B-43 is confidential and competitively sensitive. He concluded that Exemptions 3 and 4 of the Freedom of Information Act (5 U.S.C. 

### § 5S2(b)(3) and (4» authorize the Department to withhold this financial information. Further, he ruled that the Department should deny public access to this confidential financial information for ten years. The Bureau confirmed its finding of competitive sensitivity in 2004. 69 Fed. Reg. 62309 (October 25, 2004). For the reasons stated in those letters, the Department should also grant confidential treatment to the data submitted under seal with this motion for at least ten years . 2. United Parcel Service Company and United Air Lines sought further extension of the confidential period in 2004. The Bureau sought public comment on their requests in Docket BTS - 2004 -19380 . Should the Bureau grant those requests , FedEx seeks similar treatment.Motion of FedEx Expres s Docket OST-97-2494 Page 3 of3

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 June 30, 2014, filed concurrently herewith under seal, from public disclosure for a period of at least ten ( 1 0) years, through June 30, 2024, pursuant to 14 C.F.R. 

### § 302.12, and to grant such other relief as may be appropriate . Respectfully submitted, Courtney E. Fel s Senior Attorney FEDERAL EXPRESS CORPORA n ON