BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 

WASHINGTON, D.C. 

Motion of 

MESABA AVIATION, INC. 

for confidential treatment of documents 

under Rule 39 of the Rules of Practice 

of the Department of Transportation 

14 C.F.R. 302.39 

Docket OST oLOlI " 007 1 

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MOTION OF 

MESABA AVIATION, INC. 

FOR CONFIDENTIAL TREATMENT PURUSANT TO RULE 39 

All communications with respect to this document are to be 

forwarded to: 

Mr. Paul M. Lopez 

Vice President and Controller 

Pinnacle Airlines, Inc. 

1689 Nonconnah Blvd. 

Memphis, TN 38132 

(901)348-4100 

March 30, 2011 

Page 1 of 4 MOTION OF MESABA AVIATION. INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

RESEARCH AND SPECIAL PROGRAMS ADMINISTR.ATION 

WASHDsIGTON, D.C. 

) 

Motion of ) 

) 

MESABA AVIATION, 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 

MESABA AVIATION, INC. 

FOR CONFIDENTIAL TREATMENT PURUSANT TO RULE 39 

Mesaba Aviation, Inc. ("Mesaba") hereby submits this motion to withhold from public 

disclosure certain information contained in Mesaba's Form 41, Schedule B-7 and Schedule B-43, 

for the quarter ending December 31, 2010 submitted herewith under seal, pursuant to Rule 39 of 

the Rules of Practice of the Department of Transportation ("DOT"). Mesaba seeks to be treated 

as confidential information relating to transactions or modifications of transactions it has entered 

into with Bombardier, Inc., and all previously submitted requests. Mesaba believes that 

information contained in its Scheduled B-7 and Schedule B-43 report is confidential and 

commercially-sensitive data, the premature public disclosure of which would cause substantial 

injury to Mesaba. Mesaba requests that the data at issue be withheld from public disclosure for a 

period of ten (10) years. In support of this motion, Mesaba states as follows: 

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

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

Page 2 of 4 MOTION OF MESABA AVIATION. INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39 
inspecfion and copying by members of the public, including foreign and domestic competitors of 

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

2. A small portion of the infonnation required to be filed pursuant to Part 241 is of a 

commercially-sensifive and confidential nature. In this case, certain price and cost data contained 

in Mesaba's Schedule B-7 and Schedule B-43 is highly sensitive and confidential. Public 

disclosure of these data would have an adverse financial impact on Mesaba. 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 degree 

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 impairs 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, infonnation 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 witliholding, or refers to particular types of matters 

to be withheld." Section 1104 of the Federal Aviation Act (49 U.S.C. 1504). is exactly the type 

of statute to which Exemption 3 refers, because Section 1104 requires that infonnation be 

Page 3 of 4 MOTION OF MESABA AVIATION. INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39 
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, Mesaba respectfully moves that the Department of Transportation 

withhold the attached, sealed data from public disclosure for a period often (10) years pursuant 

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

relief as may be deemed just and necessary. 

Respectfully submitted, 

/s/ Paul M. Lopez 

Paul M. Lopez 

Vice President and Controller 

Pinnacle Airlines, Inc. 

1689 Nonconnah Blvd. 

Memphis, TN 38132 

(901)348-4100 

March 30, 2011 

Page 4 of 4 MOTION OF MESABA AVIATION, INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39