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

Motion of ALASKA AIRLINES, INC. For confidential treatment ofPart 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 UNDERRULE 12

Please forward all communications concerning this motion to:

BrandonPedersen VP/Finance and CFO ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5763

### March~,2014 Kyle B. Levine

· Deputy General Counsel

ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5292

Counsel for ALASKA AIRLINES, INC.

Page 1 of4 -MOTIONOFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENTOF PART241 SUBMISSIONS UNDER RULE 12Motion 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.F.R. 

### § 302.12

MOTION OF ALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12

Pursuantto section 302.12 ofthe Department's Rules ofPractice, Alaska Airlines, Inc. ("Alaska") hereby moves to withhold from public disclosure for a period oftenyears certain commercially-sensitive information contained in Schedule B-7 ("Airframe andAircraft Engine Acquisitions and Retirements") and Schedule B-43 (' 4 Inventory ofAirframes and Aircraft Engines") ofits Part 241 filings for the quarter ending December 31, 2013. Unredacted versions ofSchedules B-7 and B-43 are filed simultaneouslywith this Motionmarked 4'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 Departmentpursuant to Part 241 ofthe Department's economic regulations. The majority of information contained in Alaska's Part241 filings will enter the public domain, where itwill be available for inspection and copying by members ofthe public, including foreign and domestic competitors ofAlaska and competitors ofAlaska's aircraft and engine suppliers. Page 2 of4- MOTION OFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENTOF PART241 SUBMISSIONS UNDER RULE 12

### 2. Certain price and cost data contained in Schedules B-7 and B-43 are highly sensitive and confidential. More specifically, (a) Schedule B-7 reflects the cost ofcommercial aircraft and engines Alaska purchased orleased from The Boeing Company. (b) 

### Schedule B-43 discloses the acquisition cost, depreciation or amortization values and estimated residual values ofnumerous commercial aircraft and engines Alaska 

### has purchased from The Boeing Company since the 1990s. 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 ofthe Freedom of Information 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 ifit is specifically exempted from disclosure by a statute, provided that the statute "(A) requires thatthe matters be withheld from the public in such a manner as to leave no discretion
onthe issue, or (B) 

### establishes particular criteria for withholding, or refers to particulartypes of matters to be withheld." Section 1104 ofthe Federal Aviation Act (49 U.S.C. § 

### 1504) specifically requires the Departmentto withhold information from production under the FOIA if its release would '"adversely effectthe competitive position 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 orconfidential." 5 U.S.C. § 552(b)(4); see also Gulfand Westemlndustries, Inc. v. United States, 615 F.2d 527,529 (D.C. Cir. 1979). These price and cost data contained in Schedules B-7 and B-43 are ofthis nature and, additionally, ''would customarily not be released to the public by [Alaska]." SeeNational 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 Page 3 of4- MOTION OFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDER RULE 12concerning Alaska's aircraft transactions have the potential ''to cause substantial harm to the competitiveposition ofthe person from whomthe information was obtained." Id. at 770. WHEREFORE, Alaskarespectfully requests the Department ofTransportation to withhold the portions ofthe attached document(s) for which confidential treatment has been requested from public disclosure for a period often (1 0) years.

March

### _E._, 2014 Respectfully submitted,

Kyle 

### B. Levine Deputy General Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206)**392~5292**

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