Motion of BEFORETHE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

DocketOST-1995-651 DELTAAIR LINES, INC. ) 

### ) ) ) 

### ) ) ) ForConfidential Treatment UnderSection 302.12 

# _______________________________)

MOTION OF DELTAAIR LINES, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE
Communicationswith respectto this document should be addressed to:
Alexander Van der Sellen -··, i l

. ;

Managing Director & Associate General Counsel

March 30, 2014 Regulatory and International Affairs DELTAAIR LINES, INC. 1212 NewYorkAvenue, N.W. Suite 200 Washington, D.C. 20005 (202) 842-4184 sascha.vanderbellen@delta.comMotion of BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Docket OST-1995-651 DELTAAIR LINES, INC. For Confidential Treatment Under Section 302.12

MOTION OF DELTAAIR LINES, INC. ·TO WITHHOLD INFORMATION

FROM PUBLIC DISCLOSURE



### Pursuantto 14 CFR 302.12, Delta Air Lines, Inc. ("Delta") herebyfiles this Motion to Withhold From Public Disclosure certain commercially and competitively sensitive information contained in Delta's Form 41 Schedule B-7 and B-43, Inventory ofAirframes and Aircraft Engines. Delta is required to provide the confidential information contained in Schedule B-7 and B-43 pursuantto Part 241 ofthe Department's Economic Regulations, 14 CFR 241. The information forwhich Delta is requesting confidential treatment falls within Exemption 3 ofthe Freedom of Information Act 5 U.S.C. 

### § 552(b)(3), which exempts from disclosure information required by statute to be withheld. Exemption 3 provides that: (b) This section does not apply to matters that are ... 

### * * * (3) specifically exempted from disclosure by statute (otherthan section 552(b) ofthis title), provided that such statute (A) requires thatthe matters to be withheld from the public in such a manner asto leaveno discretion on the issue, or (B) establishes particular criteria forwithholding or refers to particular types of matters to be withheld; Section 40115 ofTitle 49 ofthe United States Code, formerly Section 1104 ofthe Federal Aviation Act, provides thatthe Secretary ofTransportation, upon motion, shall order information withheld from public disclosurewhen disclosure ofthe information would "have an adverse effect on the competitive position ofan air carrier in foreign air transportation." The Department has previously found thatthe aircraft data reported on Form 41 Schedule B-7 and B-43 forwhich Delta herein seeks confidential treatment would produce the harm specified in Section 40115. 1 The Department, in granting confidentiality to United, stated: United competes with foreign air carriers that do not report information aboutthe cost oftheir individual airframes and aircraft engines. This lack of available aircraft cost information from foreign air carriers creates an environmentwhere foreign carriers are able to access U.S. carrier aircraft cost information from the Department's public records, but U.S. carriers are unable to access comparable data fortheirforeign competitors. This lack of reciprocal access erodesthe competitiveness ofUnited vis a vis its foreign competitors. Therefore, the release ofaircraft inventory cost data reported on United's Form 41 Schedule B-7
... , and Schedule B-43
... ,would produce the harm specified in Section 1104. Consequentlythis information will be withheld from disclosure under Exemption 3 of FOIA and Section 1104 ofthe Act. Like United, Delta competes with foreign carriers that do not report information aboutthe cost oftheir airframes and aircraft engines yet are free to obtain U.S. carrier information from the Department. Itwould be damaging to Delta to require it to divulge to its non-reporting foreign flag competitors the fruits of its competitive effortswith aircraft manufacturers to secure the best**See~.** Letter of Office ofAirline Statistics granting Motion of United Airlines, Inc., dated December 29, 1993 (Docket 48726). The Department also granted confidential treatment to Schedules B-7 ofAmerican (by letterdated November 1, 1993, Docket 48800) and Delta (by letter dated March 29, 1993, Docket48649).

2possible purchase price.2 The Department, when deciding United's confidentiality motion, granted United a ten-year confidential period beginning on the datethe information was required to be filed pursuantto 14 CFR241.22(a). Delta requests similar protection with respect to its Schedule B-7 and B-43 which has been uploaded to http://esubmit.rita.dot.gov, in accordance with the Department's Final Rule on Submitting Airline Data via the Internet. WHEREFORE, Delta requests thatthe Department, pursuantto 14 CFR 302.12 and 5 U.S.C. 

### § 552(b)(3) and (4), withhold from public disclosurethe financial information contained in Delta's Form 41 Schedule B-7 and B-43 for a period of not less than ten years. Respectfully submitted,

2 Delta also submits that the information soughtto be withheld falls within Exemption 4from the Freedom of Information Act, 5 U.S.C. 

### § 552(b)(4), which provides protection from disclosure for "trade secrets and commercial orfinancial information obtained from a person and privileged or confidential
...." The requested information contained in Delta's Schedule B-7 and B-43 satisfy all three elements required for protection under Exemption 4.



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