Original 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

VIRGIN AMERICA INC. 

For Confidential Treatment of Documents 

Under Rule 12 of the Rules of Practice of the 

Department of Transportation, 14 C.F.R. § 302.12 

(Form 41; Schedule B-43) 

DOCKET OST-2009- OOSO 

MOTION OF VIRGIN AMERICA INC. FOR 

CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

Communications with respeatsto this document should be sent to: 

David H. Pflieger, Jr. 

Senior Vice President -

Legal & Government Affairs 

General Counsel 

Virgin America Inc. 

555 Airport Boulevard 

Burlingame, CA 94010 

(650)762-7115 

(650) 762-7004 (fax) 

Dave.Pfieger@VirginAmerica.com 

March 30, 2010 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

VIRGIN AMERICA INC. 

For Confidential Treatment of Documents 

Under Rule 12 of the Rules of Practice of the 

Department of Transportation, 14 C.F.R. § 302.12 

(Form 41; Schedule B-43) 

DOCKET OST-2009-

MOTION OF VIRGIN AMERICA INC. FOR 

CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

Pursuant to Rule 12 of the Department of Transportation's ("Department") Rules of 

Practice (14 C.F.R. § 302.12), Virgin America Inc. ("Virgin America") hereby requests that 

information contained in Virgin America's Form 41 filing, Schedule B-43, Inventory of 

Airframes and Aircraft Engines, for the year ended December 31, 2009, be accorded confidential 

treatment and be withheld from public disclosure. Virgin America requests confidential 

treatment of the following information contained in its Schedule B-43: (1) Acquired Cost or 

Capitalized Value; (2) Allowance for Depreciation or Amortization; (3) Depreciated Cost or 

Amortized Value; and (4) Estimated Residual Value. As provided in § 302.12, the non-redacted 

document is being filed under seal in the enclosed envelope with the marking "Confidential 

Treatment Requested under § 302.12" along with a copy of this motion.' 

Virgin America is also submitting the non-redacted version of Schedule B-43 to the Bureau of Transportation 

Statistics along with a copy of this motion. Virgin America is further providing a redacted version of the same 

report to the Bureau of Transportation Statistics, redacted to delete the information for which Virgin America is 

seeking confidential treatment herein. 
The Freedom of Information Act, 5 U.S.C. § 552(b)(4), provides that privileged or 

confidential commercial and financial information obtained fi-om a private person is specifically 

exempted from the requirements of public disclosure due to its business sensitive nature. This 

information, which is the subject of this motion, details Virgin America's acquisition costs for its 

airframe and engine purchases. The public release of this information would cause substantial 

competitive and financial injury to Virgin America. Accordingly, the information should be 

withheld fi'om public disclosure. 

This information may properly be withheld from public disclosure under Exemption 4 of 

the Freedom of Information Act, 5 U.S. C. § 552(b)(4), which permits protection from disclosure 

for "trade secrets and commercial or financial information obtained from a person and privileged 

or confidential." See, e.g.. Gulf & Western Industries. Inc. v. United States. 615 F.2d 527 (D.C. 

Cir. 1979); Critical Mass Energv Project v. NRC. 975 F.2d 871 (D.C. Cir. 1992). 

The Department has previously determined that the information contained in Schedule B43 reports submitted by Virgin America as well as other carriers would be withheld fi-om public 

disclosure for a period often (10) years fi"om the date on which the information was required to 

be filed. The same ruling should apply with equal validity to Virgin America's report for the 

year that ended December 31, 2009. 
WHEREFORE, Virgin America Inc. respectfully moves the Department of Transportation 

to withhold the financial information contained in Virgin America's Schedule B-43 report for the 

year that ended December 31, 2009, filed concurrently herewith under seal, from public 

disclosure for a period of ten (10) years, pursuant to Rule 12 of the Department's Rules for 

Practice in Proceedings. 

Respectfully submitted, 

March 30, 2010 

David H. Pflieger, Jr. 

Senior Vice President -

Legal & Government Affairs 

General Counsel 

Virgin America Inc. 

555 Airport Boulevard 

Burlingame, CA 94010 

(650)762-7115 

(650) 762-7004 (fax) 

Dave. Pflieger@ VirginAmerica. com 

Counsel for Virgin America Inc.