BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

- ! '-. 11- '-?. 

Motion of 

ALASKA AIRLINES, INC. 

For confidential treatment of Part 241 

Submissions under 14 C.F.R. § 302.12 

Docket OST-96-1637 

MOTION OF ALASKA AIRLWES, INC. 

FOR CONFIDENTIAL TREATMENT OF 

PART 241 SUBMISSIONS UNDER RULE 12 

Please forward all communications concerning this motion to: 

Brandon Pedersen 

Executive VP/Finance and CFO 

ALASKA AIRLINES, INC. 

19300 International Boulevard 

Seattle, Washington 98188 

(206)392-5763 

Kyle B. Levine 

Deputy General Counsel 

ALASKA AIRLINES, INC. 

19300 International Boulevard 

Seattle, Washington 98188 

(206) 392-5292 

March 29, 2011 

Counsel for 

ALASKA AIRLINES, INC. 

ORIGINAL 

Page 1 of 4 - MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF 

PART241 SUBMISSIONS UNDER RULE 12 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Motion of 

ALASKA AIRLINES, INC. 

For confidential treatment of Part 241 

Submissions under 14 C.F.R. § 302.12 

Docket OST-96-1637 

MOTION OF ALASKA AIRLINES, INC. 

FOR CONFIDENTIAL TREATMENT OF 

PART 241 SUBMISSIONS UNDER RULE 12 

Pursuant to section 302.12 of the Department's Rules of Practice, Alaska Airlines, Inc. 

("Alaska") hereby moves to withhold from public disclosure for a period often years certain 

commercially-sensitive information contained in Schedule B-7 ("Airframe and Aircraft Engine 

Acquisitions and Retirements") and Schedule B-43 ("Inventory of Airframes and Aircraft 

Engines") of its Part 241 filings for the quarter ending December 31, 2010. Unredacted versions 

of Schedules B-7 and B-43 are filed with this Motion in a sealed envelope marked "Confidential 

Treatment Requested Under § 302.12." Redacted, unsealed versions of the schedules also 

accompany this Motion, the omitted information having been replaced with "•CTR." 

In support of its Motion, Alaska offers the following points and authorities: 

1. The data for which confidential treatment is sought is being disclosed to the 

Department pursuant to Part 241 of the Department's economic regulations. The majority of 

informafion contained in Alaska's Part 241 filings will enter the public domain, where it will be 

available for inspecfion and copying by members of the public, including foreign and domestic 

competitors of Alaska and competitors of Alaska's aircraft and engine suppliers. 

Page 2 of 4 - MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREA TMENT OF 

PART 241 SUBMISSIONS UNDER RULE 12 
2. Certain price and cost data contained in Schedules B-7 and B-43 is highly 

sensitive and confidential. More specifically, 

(a) Schedule B-7 reflects the cost of commercial aircraft and engines Alaska 

purchased or leased from The Boeing Company; and 

(b) Schedule B-43 discloses the acquisition cost, depreciafion or amortization 

values and estimated residual values of numerous commercial aircraft and 

engines Alaska has purchased or leased from The Boeing Company since 

1990. 

3. The commercially-sensitive information found in Schedules B-7 and B-43 should 

be withheld from public disclosure pursuant to Exemptions 3 and 4 of the Freedom of 

Information Act (5 U.S.C. § 552(b)(3) and (4)) (the "FOIA") and legal authority interpreting the 

FOIA. 

4. Under Exempfion 3, information in agency records should be withheld from the 

public 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) 

specifically requires the Department to withhold information from production under the FOIA if 

its release would "adversely effect the competitive position of any carrier in foreign air 

transportation." Public release of the aircraft and engine cost data to Alaska's competitors would 

have exactly this adverse effect. 

5. Exemption 4 extends confidential treatment to records that are "commercial or 

financial informafion obtained from a person and privileged or confidenfial." 5 U.S.C. § 

552(b)(4); see also Gulf and Western Industries. Inc. v. United States. 615 F.2d 527, 529 (D.C. 

Cir. 1979). The price and cost data contained in Schedules B-7 and B-43 are of this nature and, 

addifionally, "would customarily not be released to the public by [Alaska]." See National Parks 

and Conservafion Association v. Morton, 498 F. 2d 765, 766 (D.C. Cir. 1974) (cifing S. Rep. No. 

Page 3 of 4 - MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF 

PART241 SUBMISSIONS UNDER RULE 12 
813, 89th Cong., 1st Sess. 9 (1965)). Finally, if released under the FOIA, price and cost data 

concerning Alaska's aircraft transactions have the potential "to cause substantial harm to the 

competitive position of the person from whom the information was obtained." Id. at 770. 

WHEREFORE, Alaska respectfully requests the Department of Transportation to 

withhold the redacted portions of the attached, sealed documents from public disclosure for a 

period often (10) years. 

Respectfully submitted. 

March 29, 2011 

Kyle B. Levine 

Deputy General Counsel, 

ALASKA AIRLINES, INC. 

19300 International Boulevard 

Seattle, Washington 98198 

(206) 392-5292 

Page 4 of 4 - MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF 

PART241 SUBMISSIONS UNDER RULE 12