BEFORE THE 

DEPARTMENT OF TRANSPORTATION lu!5 .~(~ - 2 ~ 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 

in UPS's Schedule B-43, Inventory of Airframes and Aircraft 

Engines, for the period ending December 31, 2014, submitted 

herewith under seal, pursuant to Rule 39 of the Rules of Practice 

of the Department of Transportation ( 11 DOT 11 ). UPS believes that 

the information contained in its Schedule B-43 report is 

confidential and commercially-sensitive data, the premature 

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: 

(jtm/11-43ycar.doc) 2 

·-
1. The data filed today is pursuant to Part 241 of the 

DOT 1 s economic regulations. The great majority of UPS 1 s Part 241 

filings are submitted as public documents, available for 

inspection and copying by members of the public, including 

foreign artd domestic competitors of UPS. 

2. A small portion of the information required to be filed 

pursuant to Part 241 is of a commercially sensitive and 

confidential nature. In this case, certain price and cost data 

contained in UPS 1 s Schedule B-43, are highly sensitive and 

confidential. Public disclosure of these data would have an 

adverse financial impact on UPS. Withholding the data from 

public disclosure is consistent with the Freedom of Information 

Act (5 U.S.C. s's2) (the 11 FOIA11 }, and precedents thereunder. 

3. The reasons why these cost and price data are 

commercially sensitive to a degree which require they be withheld 

from public disclosure are as follows: 

(jlm/B-43year.doc) 

Disclosure of the data 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 from public 

disclosure. 

3 
4. Accordingly, the data should be withheld from public 

disclosure by the DOT, pursuant to Exemptions 3 and 4 of the FOIA 

( 5 U . S . C . 55 2 (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 the public in such a manner as 

to leave no discretion on the issue, or (B) establishes 

particular criteria for withholding, or refers to particular 

types of matters to be withheld." Section 1104 of the Federal 

Aviation Act (49 U.S.C. 1504), is exactly the type of statue to 

which Exemption 3 refers, 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 4 of the FOIA (5 U.S.C. 552(b) (4)), 

information in agency records may be withheld that is "commercial 

or financial information obtained from a person and privileged or 

confidential." As set forth above, these data are of precisely 

this nature. See National Parks and Conservation Association v. 

Morton 498 F.2d 765, 769 (D.C. Cir. 1974). 

WHEREFORE, United Parcel Service Co. respectfully moves that 

the Department of Transportation withhold the attached, sealed 

data from public disclosure for a period of ten (10) years 

pursuant to Rule 39 of the Department of Transportation's Rules 

(jtm/B-43ycar.doc) 4 
of Practice, and to grant such other and further relief as may be 

deemed just and necessary. 

February 25, 2015 

(jlm/B-43ycar.doc) 5 

e T. Mi er, 

ited Parcel Serv ce Co. 

400 N. Hurstbourne Pkwy. 

Louisville, KY 40223 

(502) 329-6524