'. -,

-I' - n-

'11 j,-

.)-';" ';-,~,>,\ '

"il" BEFORE THE

;:n :.,:' I i DEPARTMENT OF TRANSPORTATION

-,. I..OfF~eE OF THE SECRETARY'

-WASHINGTON, D.C.

Motion of

DELTA AIR L1NES,INC.

For Confidential Treatment

Under Section 302.12

I

I

I

I

I

I

I

__________________ 1

Docket OST .1995-651

MOTION OF DELTA AIR LINES,INC.

TO WITHHOLD INFORMATION

FROM PUBLIC DISCLOSURE

Communications with respect to this document should be sent to:

Alexander Van der Sellen

Managing Director Regulatory & International

Affairs & Associate General Counsel

DELTA AIR LINES, INC.

1212 New York Avenue, N.W

Suite 200

Washington, DC 20005

(202) 842-4184

sascha. vanderbellen@delta.com

November 25,2013
. BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Motion of

DELTA AIR LINES, INC.

For Confidential Treatment

Under Section 302.12

)

)

)

)

)

)

)

------------)

Docket OST-1995-651

MOTION OF DELTA AIR LINES, INC.

TO WITHHOLD INFORMATION

FROM PUBLIC DISCLOSURE

Pursuant to 14 CFR 302.12, Delta Air Lines, Inc. ("Delta") hereby files this Motion to

Withhold From Public Disclosure certain commercially and competitively sensitive information

contained in Delta's Form 41 Schedule B-7, Airframe and Aircraft Engine Acquisitions and

Retirements for the most recently ended quarter financial period. Delta is required to provide the

confidential information contained in Schedule B-7 pursuant to Part 241 of the Department's

Economic Regulations, 14 CFR 241.

The information for which Delta is requesting confidential treatment falls within Exemption 3

of the Freedom of Information Act 5 U.S.C. 9 552(b)(3), which exempts from disclosure information

required by statute to be withheld.

Exemption 3 provides that:

(b) This section does not apply to matters that are ...

• • •

(3) specifically exempted from disclosure by statute

(other than section 552(b) of this title), provided that
such statute (A) requires that the matters to 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 40115 of Title 49 of the United States Code, formerly Section 1104 of the Federal

Aviation Act, provides that the Secretary of Transportation, upon motion, shall order information

withheld from public disclosure when disclosure of the information would "have an adverse effect on

the competitive position of an air carrier in foreign air transportation." The Department has

previously found that the aircraft data reported on Form 41 Schedule B-7 for which Delta herein

seeks confidential treatment would produce the harm specified in Section 40115.1The Department,

in granting confidentiality to United, stated:

United competes with foreign air carriers that do not report

information about the cost of their individual airframes and aircraft

engines. This lack of available aircraft cost information from foreign

air carriers creates an environment where foreign carriers are able to

access U.S. carrier aircraft cost information from the Department's

public records, but U.S. carriers are unable to access comparable

data for their foreign competitors. This lack of reciprocal access

erodes the competitiveness of United vis a vis its foreign competitors.

Therefore, the release of aircraft inventory cost data reported on

United's Form 41 Schedule B-7 ... , and Schedule B-43 ... ,would

produce the harm specified in Section 1104. Consequently this

information will be withheld from disclosure under Exemption 3 of

FOIA and Section 1104 of the Act.

Like United, Delta competes with foreign carriers that do not report information about the

cost of their airframes and aircraft engines yet are free to obtain U.S. carrier information from the

Department. It would be damaging to Delta to require it to divulge to its non-reporting foreign flag

competitors the fruits of its competitive efforts with aircraft manufacturers to secure the best

See tl, Letter of Office of Airline Statisticsgranting Motionof United Airlines, Inc., dated December

29, 1993 (Docket 48726). The Departmentalso grantedconfidentialtreatmentto Schedules 8-7 of American

(by letterdated November 1, 1993, Docket48800)and Delta(by letterdated March29, 1993, Docket48649).

2
possible purchase price.2

The Department, when deciding United's confidentiality motion, granted United a ten-year

confidential period beginning on the date the information was required to be filed pursuant to 14

CFR 241.22(a). Delta requests similar protection with respect to its Schedule 8-7, which is being

uploaded to http://esubmit.rita.dot.gov, in accordance with the Department's Final Rule on

Submitting Airline Data via the Internet.

WHEREFORE, Delta requests that the Department, pursuant to 14 CFR 302.12 and 5

U.S.C. 9 552(b)(3) and (4), withhold from public discl.osure the financial information contained in

Delta's Form 41 Schedule 8-7 for a period of not less than ten years.

Respectfully submitted,

2 Delta also submits that the information sought to be withheld falls within Exemption 4 from the

Freedom of Information Act, 5 U.S.C. S 552(b)(4), which provides protection from disclosure for "trade secrets

and commercial or financial information obtained from a person and privileged or confidential .... " The

requested information contained in Delta's Schedule B-7 satisfy all three elements required for protection under

Exemption 4.

3