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 ) l4 C.F.R. 302.39 ) ) 

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

FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39

All communications withrespect 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

April 28, 2011

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# IBEFORE 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 ) Docket 48732
of the Department of Transportation ) l4 C.F.R. 302.39 ) ) 

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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 EngineAcquisitions and Retirements Report, for theperiodendingMarch 31, 2011, submitted herewithunder seal, pursuant to Rule 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 whichwould 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:

Glm/B·7qrtly) 21. The data filed today is pursuant to Part 241 of the DOT's economic regulations. The great majorityof UPS's Part 241 filings are submittedas public documents, available for inspectionand copyingbymembers of the public, including foreign and domestic competitors of UPs. 2. A small portionof the information required to be filed pursuant to Part 241 is of a commercially sensitive and confidential nature. In this case, certainprice and cost data contained inUPS's Schedule B-7, are highly sensitive and confidential. Public disclosure of these data wouldhave an adverse financial impact onups. Withholding the data from public disclosure is consistent with the Freedomof Information Act (5 U.S.C. 552) (the nFOIAn), andprecedents thereunder. 3. The reasons why these cost andprice data are commercially sensitive to a degree which require theybe withheld from public disclosure are as follows:

GtmlB·7qrtly) 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 Commissionhas 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 ForA (5 U.S. C . 552(-b)(3) and ( 4 ) ) . 5. Under Exemption 3 of the FOrA, information inagency records maybe withheld if it is specificallyexempted from disclosure by a statute, provided that the statute "(A) requires that the matters be withheld from the public in sucha manner as to leave no discretionon the issue, or (B) establishes particular criteria for withholding, orrefers toparticular types of matters to be 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 competitive positionof any carrier in foreign air transportation." As set forth above, the data would have exactlythis adverse effect. 6. Under Exemption 4 of the ForA (5 U.S.C. 552(b)(4)), information inagencyrecords maybe withheld that is "commercial
or financial informationobtained from a person andprivilegedor 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).

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### 4WHEREFORE, UnitedParcel Service Co. respectfullymoves that the Department of Transportationwithhold the attached, sealed data from public disclosure for a**per~od** of ten (10) years pursuant to Rule 39 of the Department of Transportation's Rules of Practice, and to grant such other and further relief as maybe deemedjust and necessary.

April 28, 2011

GtmlB·7qrtly) 5 Respectfully submitted,I / /

es T. ):ttorney /United Parcel Service Co.**/~** 1400 N. Hurstbourne Pkwy.

### ~ Louisville, KY 40223 (502) 329-6524