FedEx and the USPS contend that the volume based nature of the USPS contract means that the company doesn’t actually compile the data the DOT is after. “FedEx said the Postal Service does not tell FedEx what it is using the space for, and furthermore, FedEx is allowed to use unused Postal Service space, including space inside containers, to move other shipments.”

Commercial airlines, which have lost significant postal revenue since the inception of the FedEx contract, are pressing the agency to insist that FedEx supply the data.

A decision by the DOT is expected soon, but it may not be the final word, since either FedEx or another interested party could appeal the decision in court.

Update: Postcom’s web site provides a link to the petition filed by FedEx with the DOT’s Director of the Bureau of Transportation Statistics, disputing the reporting requirement.