### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

•. Motion of

ALASKA AIRLINES, INC. For confidential treatment ofl>art241 Submissions under 14 C.F.R. §

### 302.12 ) 

### ) ) ) 

### ) ) ) 

### Docket OST-96-1637

MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDER RULE 12
. Please forward all comnmnications concerning this motion to:
Brandon Pedersen Executive VP/Finance and CFO ALASKA AIRLINEs;INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5763

May_\_, 2012 Kyle B. Levine Deputy General Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5292
Counsel for ALASKA AIRLINES, INC.

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### I t.1Motion of BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

ALASKA AIRLINES, INC. ) 

### ) ) ) ) ) ) . Docket OST-96-1637 For confidential treatment ofPart 241 Submissions.under 14 C.P.R.§ 302.12

MOTION OFALASKA AIRLINES, INC. }fOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDERRULE 12

Pursuant to section 302.12 ofthe Department's Rules 

### of Practice, Alaska Airlines, Inc. ("Alaska") hereby moves to withhold from public disclosure for a period oftenye.ars certain commercially-sensitive information contained in Schedule B-7 ("Airframe and Aircraft Engine

. . Acquisitions and Retirements") ofits Part 241 filings for the quarter ending March 31, 2012. An unredacted version ofSchedule B-7 is filed simultaneously with this Motion marked · "Confidential Treatment Requested Under§ 302.12." In support ofits Motion, Alaska offers the following points and authorities: 1. The data for which confidential treatment is sought is being disclosed to the Departmentpursuantto Part 241 ofthe Department's economic regulations. The majority of information contained in Alaska's Part 241 filings will enter the public domain, where it will be available for inspection and copying.by members ofthe public, including foreign and domestic competitors ofAlaska and competitors ofAlaska's aircraft and engine suppliers.

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### MOTIONOFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENTOF PART241 SUBMISSIONS UNDER RULE 12

## 2. Certainprice and cost data contained in Schedule B-7 are highly sensitive and confidential. More specifically, Schedule B-7 reflects the cost ofcoinlnercial aircraft and engines Alaskapurchased or leased from The Boeing Company. 3. The commercially-sensitive information found in Schedule B-7 should be withheld from public disclosure pursuant to Exemptions 3 and 4 ofthe Freedom ofInformation Act (5 U.S.C. 

### § 552(b)(3) and (4)) (the "FOIA") and legal authority interpreting the FOIA. 4. Under Exemption 3, information in agency records should.be withheld from the public ifitis 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
onthe issue, or (B) establishes particular criteria for withholding, orrefers to particular types of matters to be withheld." Section 1104 ofthe Federal Aviation Act (49 U.S.C. 

### § 1504) specificallyrequires the Department to withhold information from production under the FOIA if its release would "adversely effect the competitiveposition ofany carrier inforeign air transportation." Public release ofthe 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 information obtained from a person and privileged or confidential." 

### 5**U.S.C~** 

### § 552(b)(4); see also Gulfand Western Industries. Inc·. v. United States, 615 F.2d 527, 529 (D.C. Cir. 1979). These price and cost data contained in Schedule B-7 are ofthis nature and, additionally, "would customarily not be released to the public by [Alaska].'' See National Parks and Conservation Association v. Morton, 498 F. 2d 765, 766 (D.C. Cir. 1974) (citing S. Rep. No. 813, 89th Cong., 1st Sess. 9 (1965)). Finally, ifreleased under the FOIA, price and cost data 

### II II II II

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### -MOTIONOFALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENTOF PART241 SUBMISSIONS UNDER RULE 12

### concerning Alaska's aircraft transactions have the potential ''to cause substantial harm to the competitive position ofthe person from whom the information was obtained." Id. at 770. WHEREFORE, Alaskarespectfully requests the Department ofTransportation to withhold the redacted portions ofthe attached document(s) from public disclosure for a period of ten (I0) years.



### May_l_, 2012 Respectfully submitted,

.

Kyle B. 

### Levine Deputy General Counsel ALASKA AIRLINES, INC
... 19300 International Boulevard Seattle, Washington 98198 (206) 392-5292

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