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### "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, DeltaAir 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 ofthe Department's Economic Regulations, 14 CFR 241. The information for which Delta is requesting confidential treatment falls within Exemption 3 ofthe Freedom of Information Act 5 U.S.C. 

## 9552(b)(3), which exempts from disclosure information required by statute to bewithheld. 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) ofthis title), provided thatsuch 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 bewithheld; Section 40115 ofTitle 49 ofthe United States Code, formerly Section 1104 ofthe Federal Aviation Act, provides that the Secretary ofTransportation, upon motion, shall order information withheld from public disclosure when disclosure ofthe information would "have an adverse effect on the competitive position of an air carrier inforeign airtransportation." 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 40115.1 The Department, in granting confidentiality to United, stated:

United competes with foreign aircarriers that do not report information about the cost oftheir 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 avis itsforeign 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 bewithheld from disclosure under Exemption 3 of FOIA and Section 1104 ofthe Act. Like United, Delta competes with foreign carriers that do not report information about the cost oftheir airframes and aircraft engines yet are free to obtain U.S. carrier information from the Department. Itwould be damaging to Delta to require itto divulge to its non-reporting foreign flag competitors the fruits of its competitive efforts with aircraft manufacturers to secure the best
Seetl, Letterof OfficeofAirlineStatisticsgrantingMotionof UnitedAirlines, Inc., dated December 29, 1993(Docket48726). The Departmentalsograntedconfidentialtreatmentto Schedules8-7 ofAmerican (byletterdated November1, 1993,Docket48800)andDelta(byletterdatedMarch29, 1993,Docket48649).



### 2possible 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 thatthe information sought to bewithheld fallswithin Exemption 4from the Freedom of Information Act, 5 U.S.C.

## S552(b)(4), which provides protection from disclosure for "trade secrets and commercial orfinancial information obtained from aperson and privileged orconfidential
.... " The requested information contained in Delta's Schedule B-7satisfyallthree elements required for protection under Exemption 4.



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