BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

'T' 

'•''JMotion of 

ALASKA AIRLINES, INC. 

For confidential treatment of Part 241 

Submissions under 14 C.F.R. § 302.12 

Docket OST-96-1637 

MOTION OF ALASKA AIRLINES, INC. 

FOR CONFIDENTIAL TREATMENT OF 

PART 241 SUBMISSIONS UNDER RULE 12 

Please forward all communications concerning this motion to: 

Glenn Johnson 

Executive VP/Finance and CFO 

ALASKA AIRLINES, INC. 

19300 International Boulevard 

Seattle, Washington 98188 

(206) 392-5859 

Kyle B. Levine 

Associate General Counsel 

ALASKA AIRLINES, INC. 

19300 International Boulevard 

Seattle, Washington 98188 

(206) 392-5292 

Februarys, 2010 

Counsel for 

ALASKA AIRLINES, INC. 

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

PART 241 SUBMISSIONS UNDER RULE 12 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Motion of 

ALASKA AIRLINES, INC. 

For confidential treatment of Part 241 

Submissions under 14 C.F.R. § 302.12 

Docket OSTMOTION OF ALASKA AIRLINES, INC. 

FOR CONFIDENTIAL TREATMENT OF 

PART 241 SUBMISSIONS UNDER RULE 12 

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 

commercially-sensitive information contained in Schedule B-43 ("Inventory of Airframes and 

Aircraft Engines") of its Part 241 filings for the quarter ending December 31, 2009. An 

unredacted version of Schedule B-43 is filed with this Motion in a sealed envelope marked 

"Confidential Treatment Requested Under § 302.12." A redacted, unsealed version of the 

schedule also accompanies this Motion, the omitted information having been replaced with 

"*CTR." 

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 

PART241 SUBMISSIONS UNDER RULE 12 
2. Certain price and cost data contained in Schedule B-43 is highly sensitive and 

confidential. More specifically, Schedule B-43 discloses the acquisition cost, depreciation or 

amortization values and estimated residual values of numerous commercial aircraft and engines 

Alaska has purchased or leased from The Boeing Company since 1990. 

3. The commercially-sensitive information found in Schedule B-43 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. Exemption 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). These price and cost data contained in Schedules B-7 and B-43 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, if released under the FOIA, price and cost data 

concerning Alaska's aircraft transactions have the potential "to cause substantial harm to the 

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

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

PART241 SUBMISSIONS UNDER RULE 12 
WHEREFORE, Alaska respectfully requests the Department of Transportation to 

withhold the redacted portions of the attached, sealed documents from public disclosure for a 

period often (10) years. 

Respectfully submitted. 

Februarys, 2010 

Ky^lk e B.Xevine 

Associate General Counsel, 

Commercial Law & Litigation 

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 

PART241 SUBMISSIONS UNDER RULE 12