Motion of 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATIONZ 

WASHINGTON, D.C. 

PINNACLE AIRLINES, INC. 

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1 t~t'/ tJ r:s I 

Docket OST -O --~ 

for confidential treatment of documents 

under Rule 39 of the Rules of Practice 

of the Department ofTransportation 

14 C.F.R. 302.39 

MOTION OF 

PINNACLE AIRLINES, INC. 

FOR CONFIDENTIAL TREATMENT PURUSANT TO RULE 39 

May 2, 2012 

All communications with respect to this document are to be 

forwarded to: 

Mr. Anthony McDuffie 

Vice President and Controller 

Pinnacle Airlines, Inc. 

One Commerce Square 

40 S. Main Street 

Memphis, TN 38103 

(901) 348-4376 

Page 1 of 4 MOTION OF PINNACLE ALRLINES, INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39 
Motion of 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRA TlON 

WASHINGTON, D.C. 

PINNACLE AIRLINES, INC. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Docket OST 

for confidential treatment of documents 

under Rule 39 of the Rules of Practice 

of the Department of Transportation 

14 C.F.R. 302.39 

MOTION OF 

PINNACLE AIRLINES, INC. 

FOR CONFIDENTIAL TREATMENT PURUSANT TO RULE 39 

Pinnacle Airlines, lnc. ("Pinnacle") hereby submits this motion to withhold from public 

disclosure certain information contained in Pinnacle's Form 41, Schedule B-43, for the quarter 

ending December 31, 20 ll, submitted herewith under seal. pursuant to Rule 39 of the Rules of 

Practice of the Department of Transportation ("DOT"). Pinnacle seeks to be treated as 

confidential infonnation relating to transactions or modifications of transactions it has entered 

into with Bombardier, lnc., and all previously submitted requests. Pinnacle believes that 

information contained in its Schedule B-43 report is confidential and commercially-sensitive 

data, the premature public disclosure of which would cause substantial injury to Pinnacle. 

Pinnacle requests that the data at issue be withheld from public disclosure for a period of ten ( 1 0) 

years. [n support of this motion, Pinnacle states as follows: 

1. The data filed today is pursuant to Part 241 of the DOT's economic regulations. 

The great majority of Pinnacle's Part 241 filings are submitted as public documents, available for 

Page 2 of 4 MOTION OF PINNACLE AIRLINES, INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39 
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inspection and copying by members of the public, including f()reign and domestic competitors of 

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

A small portion of the information required to be filed pursuant to Part 241 is of a 

commercially·sensitive and confidential nature. In this case, certain price and cost data contained 

in Pinnacle's Schedule B-43 is highly sensitive and confidentiaL Public disclosure of these data 

would have an adverse financial impact on Pinnacle. Withholding the data from public disclosure 

is consistent with the Freedom of Information Act (5 U.S.C. 552) (the "FOIA"), and precedents 

thereunder. 

3. The reasons why these cost and price data are commercially sensitive to a de!:,YJ"ee 

that requires they be withheld from public disclosure are as follows: 

(a) Disclosure of the data diminishes competition among the major aircraft 

manufacturers; and 

(b} Disclosure of the data tmpatrs competition in the international arena, 

because United States airlines are required to reveal major elements of their 

cost structures when their foreign competitors are not. 

4. Accordingly the data should be withheld from public disclosure by the DOT, 

pursuant to Exemptions 3 and 4 of the FOIA (5 U.S.C. 552(b) (3) and (4)). 

5. Under Exemption 3 of the FOIA, information in agency records may be withheld 

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 ofthe Federal Aviation Act (49 U.S.C. 1504), is exactly the type 

of statute to which Exemption 3 refers, because Section ll 04 requires that information be 

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

PURSUANT TO RULE 39 
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withheld by the DOT if its release would "adversely effect the competitive position of any carrier 

in foreign air transportation." As set forth above, the data would have exactly this adverse effect. 

6. Under Exemption 4 of the FOIA (5 U.S.C. 552(b) (4)), information in agency 

records may be withheld that is "commercial or financial information obtained from a person and 

privileged or confidential." As set forth above, these data are of precisely this nature. See 

National Parks and Conservation Association v. Morton 498 F. 2d 765, 769 (D.C. Cir. 1974). 

WHEREFORE, Pinnacle respectfully moves that the Department of Transportation 

withhold the attached, sealed data from public disclosure for a period of ten ( 1 0) years pursuant 

to Rule 39 of the Department of Transportation's Rules of Practice, and grant such other further 

relief as may be deemed just and necessary. 

May 2, 2012 

Respectfully submitted, 

Is/ Anthony McDuffie 

Anthony McDuffie 

Vice President and Controller 

Pinnacle Airlines, Inc. 

One Commerce Square 

40 S. Main Street 

Memphis, TN 38103 

(90 I) 348-4376 

Page 4 of 4 MOTION OF PINNACLE AIRLINES. INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39