BEFORE THE DEPARTMENT OF TRANSPORTATION 

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## 2:5LJ RESEARCH AND SPECIAL PROGRAMS ADM+NISTRATION 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

MOTION OF UNITED PARCEL SERVICE CO.Docket**OST-95~125**

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 Louisville, KY 40223 (502) 329-6524

February 25, 2015

(jtm/B-43year.doc)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

MOTION OF UNITED PARCEL SERVICE CO.Docket 48732

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-43, Inventory of Airframes andAircraft Engines, for the period ending December 31, 2014, submitted herewithunder seal, pursuant toRule 39 of the Rules of Practice of the Department of Transportation (11DOT11 ). UPS believes that the information contained in its Schedule B-43 report is confidential and commercially-sensitive data, thepremature public disclosure of which would cause substantial injury to UPS. UPS requests that the data at issue be withheld from public disclosure for a period of ten (10) years. In support of this motion, UPS states as follows:

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# ·-1. The data filed today is pursuant to Part 241 of the DOT 1s economic regulations. The great majority of UPS 1s Part 241 filings are submitted as public documents, available for inspection and copying bymembers of the public, including foreign artd domestic competitors of UPS. 2. A small portion of the informationrequired tobe filed pursuant to Part 241 is of a commercially sensitive and confidential nature. In this case, certainprice and cost data contained inUPS 1s Schedule B-43, 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 (5 U.S.C. s's2) (the 11FOIA11 }, andprecedents thereunder. 3. The reasons why these cost andprice data are commercially sensitive to a degree whichrequire theybe withheld from public disclosure are as follows:

(jlm/B-43year.doc)Disclosure of the data diminishes competitionamong 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 shouldbe withheld from public disclosure.

34. Accordingly, the data shouldbe withheld from public disclosure by the DOT, pursuant to Exemptions 3 and 4 of the FOIA (5 U
.S
.C . 552(b)( 3 ) and ( 4 ) ) . 5. Under Exemption 3 of the FOIA, 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 thepublic in such a manner as to leave no discretionon the issue, or (B) establishes particular criteria for withholding, or refers toparticular types of matters tobe withheld." Section 1104 of the Federal AviationAct (49 U.S.C. 1504), is exactly the type of statue to which Exemption 3 refers, because Section 1104 requires that informationbe withheldby the DOT if its release would "adversely effect the competitivepositionof 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 (5 U.S.C. 552(b)(4)), information in agency records maybe withheld that is "commercial
or financial information obtainedfrom a person andprivileged or confidential." As set forth above, these data are of precisely this nature. See National Parks and ConservationAssociationv. Morton 498 F.2d 765, 769 (D.C. Cir. 1974). WHEREFORE, United Parcel Service Co. respectfullymoves that the Department of Transportation withhold the attached, sealed data from public disclosure for a periodof ten (10) years pursuant to Rule 39 of the Department of Transportation's Rules

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### of Practice, and to grant suchother and further relief as may be deemedjust andnecessary.

February 25, 2015

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### e T. Mi er, itedParcel Serv ce Co. 400 N. Hurstbourne Pkwy. Louisville, KY 40223 (502) 329-6524