BEFORE THE DEPARTMENT OF TRANSPORTATION 

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### 1.1: 0SOFFICE OF THE SECRETARY WASHINGTON, D.C.

Motion of ALASKA AIRLINES, INC. For confidential treatmentofPart 241 Sul?missions under 14 C.F.R. 

### § 302.12 ) ) ) ) ) ) ) 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.

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### -MOTIONOFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENTOF PART241 SUBMISSIONS UNDER RULE 12Motion of BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

ALASKA AIRLINES, INC. ) ) ) ) ) ) ) Docket OST-96.;1637 For confidential treatment ofPart 241 Submissions tlllder 14 C.F.R:§ 302.12

MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDERRULEJ2.

Pursuantto section 302.12 ofthe Department's Rules ofPractice, Alaska Airlines, Inc. ("Alaska") hereby moves to withhold from public disclosure for aperiod oftenyears certain co:rnffiercially-sensitive information contained in Schedule B-7 ("Airframe and AircraftEngine Acquisitions and Retirements") ofits Part 241 filings for the quarter ending June 30, 2012. An unredacted version ofSchedule B-7 is filed simultaneously with this Motion marked "Confidential Treatment Requested Under§ 302.12." In support ofits 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 ofthe 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 ofthe public, including foreign and domestic competitors ofAlaska and competitors ofAlaska's aircraft and engine suppliers.
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### -MOTIONOFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDER RULE 122. 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 Alaskapurchased orleased 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 ofthe Freedom ofInformation 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 ifitis 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 particulartypes of matters to be withheld." Section 1104 ofthe 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 effectthe competitive position ofany carrier in foreign air transportation." Public release ofthe aircraft and engine cost data to Alaska's competitors would. have exactlythis 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 Gulfand 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 ofthis 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 II II /1 II

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### MOTION OFALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENTOF PART241 SUBMISSIONS UNDER RULE 12concerning Alaska's aircraft transactions have the potential "to cause**substant~al** harm to the competitive position ofthe person from whom the information was obtained." Id. at 770. WHEREFORE, Alaska respectfully requests the Department ofTransportation to withhold the redacted portions ofthe attached document(s) from public disclosure for 

## a period·of ten (10) years.

August 1, 2012 Respectfully submitted,

Kyle B. evine Deputy General Counsel ALASKA AIRLINES, INC. · 19300 International Boulevard Seattle, Washington 98198 (206) 392-5292

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### -MOTIONOFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENTOF· PART241 SUBMISSIONS UNDER RULE 12