BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, DC 

Motion of 

REPUBLIC AIRLINE INC. 

for Confidential Treatment under 

14 CFR§ 302.12 

(Form 41, Schedules B-7 and B-43) 

Docket DOT-OST-2005-23355 

MOTION OF REPUBLIC AIRLINE INC. 

FOR CONFIDENTIAL TREATMENT 

Communications with respect to this document should be addressed to: 

Robert E. Cohn 

Sheryl R. Israel 

HOGAN & HARTSON L.L.P. 

555 Thirteenth Street, N.W. 

Washington, D.C. 20004 

(202) 637-4999 

(202) 637-8898 

recohn@hhlaw.com 

srisrael@hhlaw.com 

direct fax 1.866.728.1992 

Counsel for 

REPUBLIC AIRLINE INC. 

April 20, 2010 

tt\DC - 040601/000003 - 3069534 v2 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Motion of 

REPUBLIC AIRLINE INC. 

for Confidential Treatment under 

14 CFR§ 302.12 

(Form 41, Schedules B-7 and B-43) 

Docket DOT-OST-2005-23355 

April 20, 2010 

MOTION OF REPUBLIC AIRLINE INC. 

FOR CONFIDENTIAL TREATMENT 

Republic Airline Inc. ("Republic") hereby requests that information 

contained in Republic's Form 41, Schedule B-7, "Airframe and Aircraft Engine 

Acquisitions and Retirements," for the quarter ended December 31, 2009, and 

its Schedule B-43, "Inventory of Airframes and Aircraft Engines," for the year 

ended December 31, 2009, be accorded confidential treatment and withheld 

from public disclosure. Republic is submitting a non-redacted copy of these 

documents to the BTS under seal in an envelope labeled "Confidential 

Treatment Requested under Section 302.12," along with a copy of this Motion. ^ 

Concurrently herewith, Republic is submitting one redacted copy of the same B-7 and B-43 reports to 

the Bureau of Transportation Statistics pursuant to Part 241, redacted to delete certain confidential financial 

information from the publicly-available copies of its B-7 and B-43 reports. 

"-040601/000001 -2837306vl" 

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Motion of Republic Airline Inc. 

for Confidential Treatment 

Page 2 

Confidential treatment of the information on Republic's Schedule B-7 and 

Schedule B-43 is warranted under Exemption 4 of the Freedom of Information 

Act ("FOIA"), 5 U.S.C. § 552(b)(4), and under applicable DOT and court 

precedent. Exemption 4 of FOIA provides that privileged or confidential 

commercial and financial information obtained from a private person is exempt 

from the requirements of public disclosure. See also Gulf & Western Indus.. 

Inc. v. United States. 615 F.2d 527 (D.C. Cir. 1979); Critical Mass Energy 

Project V. NRC. 975 F.2d 871 (D.C. Cir. 1992); National Parks & Conservation 

Ass'n V. Morton. 498 F.2d 765 (D.C. Cir. 1974). The information at issue here 

details Republic's acquisition costs and related data for its airframes and 

engines. This information is confidential, competitively-sensitive commercial 

and financial information obtained from Republic, a private party, and its public 

disclosure/release would result in substantial competitive and financial harm to 

Republic. 

The information for which Republic is requesting confidential treatment 

also falls within Exemption 3 of FOIA, which exempts from disclosure 

information required by statute to be withheld. 49 U.S.C. § 40115 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 

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Motion of Republic Airline Inc. 

for Confidential Treatment 

Page 3 

reported on Form 41 Schedules B-7 and B-43 for which Republic herein seeks 

confidential treatment would produce the harm specified in Section 40115. 

In addition, by letter dated August 23, 1994 to Delta Air Lines, Inc. 

("Delta") from Mr. James W. Mitchell, Director, Office of Airline Statistics, 

Research and Special Programs Administration, the Department determined 

that the financial information contained in Delta's Schedule B-7 and Schedule 

B-43 reports is confidential and contains competitively-sensitive data, and that 

withholding such confidential data from public disclosure is warranted by, and 

consistent with, Exemptions 3 and 4 of the Freedom of Information Act 

(5 U.S.C. § 552(b)(3) and (4)). In that decision, the Department ruled that the 

confidential data contained in Delta's Schedule B-7 and Schedule B-43 reports 

will be withheld from public disclosure for a period of ten (10) years from the 

date on which it was filed. The foregoing ruling applies with equal validity to 

Republic's Schedule B-7 report for the quarter ended December 31, 2009, and its 

B-43 report for the year ended December 31, 2009. 

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j . Motion of Republic Airline Inc. 

for Confidential Treatment 

Page 4 

WHEREFORE, Republic hereby moves the Department, pursuant to 

Rule 12 of the Department's Rules of Practice, to grant confidential treatment 

to, and withhold fi:om public disclosure, the information described herein and 

filed under seal for a period of ten (10) years. 

Respectfully submitted, 

Robert E. Cohn 

Sheryl R. Israel 

HOGAN & HARTSON L.L.P. 

555 Thirteenth Street, N.W. 

Washington, D.C. 20004 

(202) 637-4999 

(202) 637-8898 

(202) 637-5910 (main fax) 

Attorneys for 

REPUBLIC AIRLINE INC. 

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