BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

it! i l i ··· b l\ 1.1: 0 SOFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Motion of 

ALASKA AIRLINES, INC. 

For confidential treatment of Part 241 

Sul?missions under 14 C.F.R. § 302.12 

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Docket OST-96-1637 

MOTION OF ALASKA AIRLINES, INC. 

FOR CONFIDENTIAL TREATMENT OF 

PART241 SUBMISSIONS UNDERRDLE 12 

Please forward all co111ltlunications concerning this motion to: 

Brandon Pedersen 

VP/Finance and CFO 

ALASKA AIRLINES, INC. 

19300 International Boulevard 

Seattle, Washington 98188 

(206) 392-5763 

August 1, 2012 

Kyle B. Levine 

Deputy General Counsel 

ALA,SKA AIRLINES, INC. 

19300 International Boulevard 

Seattle, Washington 98188 

(206) 392-5292 

Counsel for 

ALASKA AIRLINES, INC. 

Page 1 of 4 -MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF 

PART 241 SUBMISSIONS UNDER RULE 12 
Motion of 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

ALASKA AIRLINES, INC. 

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Docket OST-96.;1637 

For confidential treatment of Part 241 

Submissions tlllder 14 C.F.R:§ 302.12 

MOTION OF ALASKA AIRLINES, INC. 

FOR CONFIDENTIAL TREATMENT OF 

PART241 SUBMISSIONS UNDERRULEJ2. 

Pursuant to section 302.12 of the Department's Rules of Practice, Alaska Airlines, Inc. 

("Alaska") hereby moves to withhold from public disclosure for a period often years certain 

co:rnffiercially-sensitive information contained in Schedule B-7 ("Airframe and Aircraft Engine 

Acquisitions and Retirements") of its Part 241 filings for the quarter ending June 30, 2012. An 

unredacted version of Schedule B-7 is filed simultaneously with this Motion marked 

"Confidential Treatment Requested Under§ 302.12." 

In support of its Motion, Alaska offers the following points and authorities: 

1. The data for which confidential treatment is sought is being disclosed to the 

Department pursuant to Part 241 of the Department's economic regulations. The majority of 

information contained in Alaska's Part 241 filings will enter the public domain, where it will be 

available for inspection and copying by members of the public, including foreign and domestic 

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

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

PART 241 SUBMISSIONS UNDER RULE 12 
2. Certain price and cost data contained in Schedule B-7 are highly sensitive and 

confidential. More specifically, Schedule B-7 reflects the cost of co~ercial aircraft and 

engines Alaska purchased or leased from The Boeing Company. 

3. The commercially-sensitive information found in Schedule B-7 should be 

withheld from public disclosure pursuant to Exemptions 3 and 4 of the Freedom of Information 

Act (5 U.S.C. § 552(b)(3) and (4)) (the "FOIA") and legal authority interpreting the FOIA. 

4. Under Exemption 3, information in agency records should be withheld from the 

public 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 of the Federal Aviation Act (49 U.S.C. § 1504) 

specifically requires the Department to withhold information from production under the FOIA if 

its release would "adversely effect the competitive position of any carrier in foreign air 

transportation." Public release of the aircraft and engine cost data to Alaska's competitors would. 

have exactly this adverse effect. 

· 5. Exel!lption 4 extends confidential treatment to records that are "commercial or 

financial information obtained from a person and privileged or confidential." 5 U.S.C. § 

552(b)(4); see also Gulf and Western Industries, Inc. v. United States, 615 F.2d 527,529 (D.C. 

Cir. 1979). Th~se price and cost data contained in Schedule B-7 are of this nature and, 

additionally, "would customarily not be released to the public by [Alaska]." See National Parks 

and Conservation Association v. Morton, 498 F. 2d 765, 766 (D.C. Cir. 1974) (citing S. Rep. No. 

813, 89th Cong., 1St Sess. 9 (1965)). Finally, ifreleased under the FOIA, price and cost data 

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

PART 241 SUBMISSIONS UNDER RULE 12 
concerning Alaska's aircraft transactions have the potential "to cause substant~al harm to the 

competitive position of the person from whom the information was obtained." Id. at 770. 

WHEREFORE, Alaska respectfully requests the Department of Transportation to 

withhold the redacted portions of the attached document(s) from public disclosure for a period·of 

ten (1 0) years. 

August 1, 2012 

Respectfully submitted, 

Kyle B. evine 

Deputy General Counsel 

ALASKA AIRLINES, INC. · 

19300 International Boulevard 

Seattle, Washington 98198 

(206) 392-5292 

Page 4 of 4 -MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF· 

PART 241 SUBMISSIONS UNDER RULE 12