Motion of BEFORETHE DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATIONZ WASHINGTON, D.C.

PINNACLE AIRLINES, INC. ) ) ) ) ) ) ) ) 

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### O**--~** for confidential treatment ofdocuments under Rule 39 ofthe Rules ofPractice ofthe Department ofTransportation 14 C.F.R. 302.39

MOTION OF PINNACLE AIRLINES, INC. FOR CONFIDENTIAL TREATMENT PURUSANT TO RULE 39

May2, 2012 All communications with respect to this document are to be forwarded to:
Mr. Anthony McDuffie Vice President and Controller PinnacleAirlines, Inc. OneCommerce Square 40 S. Main Street Memphis, TN 38103 (901) 348-4376

Page 1of4 MOTION OF PINNACLE ALRLINES, INC. FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39Motion of BEFORE THE DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATlON WASHINGTON, D.C.

PINNACLE AIRLINES, INC. ) ) ) ) ) ) ) ) ) Docket OST for confidential treatment ofdocuments under Rule 39 ofthe Rules ofPractice ofthe Department ofTransportation 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, 20ll, submitted herewith under seal. pursuant to Rule 39 ofthe 

### Rules of Practice of the Department of Transportation ("DOT"). Pinnacle seeks to be treated as confidential infonnation relating to transactions or modifications oftransactions 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 aperiod often ( 1 0) years. [n support ofthis motion, Pinnacle states as follows: 1. The data filed today is pursuant to Part 241 ofthe DOT's economic regulations. The great majority ofPinnacle's Part 241 filings are submitted as public documents, available for
Page 2of4 MOTION OF PINNACLE AIRLINES, INC. FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39i l
inspection and copying by members ofthe public, including f()reign and domestic competitors of Pinnacle and competitors ofPinnacle's aircraft and engine suppliers. A small portion ofthe information required to be filed pursuant to Part 241 is ofa 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 ofthese data would have an adverse financial impact on Pinnacle. Withholding the data from public disclosure is consistent with the Freedom ofInformation 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 theybewithheld 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 oftheir cost structures whentheirforeign competitors are not. 4. Accordingly the data should be withheld from public disclosure by the DOT, pursuant to Exemptions 3 and 4 ofthe FOIA (5 U.S.C. 552(b) (3) and (4)). 5. Under Exemption 3 ofthe FOIA, information in agency records may be withheld ifit 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, orrefers to particular types ofmatters 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 ll04 requires that information be Page 3 of4 MOTION OF PINNACLE AIRLINES, INC. FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39.. 1 •

withheld bythe DOT ifits release would "adversely effect the competitiveposition ofany carrier in foreign airtransportation." As set forth above, the data would have exactlythis adverse effect. 6. Under Exemption 4 of the FOIA (5 U.S.C. 552(b) (4)), information in agency records maybe withheld that is "commercial orfinancial 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 often ( 1 0) years pursuant to Rule 39 ofthe Department ofTransportation's Rules ofPractice, and grant such other further reliefas maybedeemedjust and necessary.

May2, 2012 Respectfully submitted,
Is/Anthony McDuffie AnthonyMcDuffie Vice President and Controller PinnacleAirlines, Inc. One Commerce Square 40 S. Main Street Memphis, TN 38103 (90I) 348-4376

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