BEFORETHE
. DEPARTMENTOFTRANSPORTATIONi3 -:.'.'{ -( .:\ ;']: 

### L\CJ OFFICE OF THE SECRETARY WASHINGTON, D.C.·

Motion of ALASKAAIRLINES, INC. For confidential treatment ofPart 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:
BrandonPedersen VP/Finance and CFO · ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5763

April30, 2013 Kyle B.**Levin~** Deputy General·Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188

.(206) 392-5292
Counsel for ALASKA AIRLINES, INC.

Page 1 of4 -MOTIONOFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDER RULE 12 .IMotion of BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

ALASKA**AIRLINE~,** INC. ) ) ) ) ) ) ) Docket OST-96-1637 For confidential treatment ofPart 241 Submissions under 14 C.F.R. 

### § 302.12

MOTION OF ALASKA AIRLINES, INC. FORCONFIDENTIAL TREATMENT OF PART 241 SUBMISSIONS UNDERRULE 12

Pursuantto section 302.12 ofthe Department's Rules ofPractice, Alaska Airlines, Inc. ("Alaska") hereby moves to withhold from public disclosure for a period oftenyears certain

. ' commercially-sensitive information contained in Schedule B-7 ("Airframe and Aircraft Engine Acquisitions and Retirements") ofits Part 241 filings for the quarter ending March 31, 2013. An unredacted version ofSchedule B-7 is filed simultaneously withthis Motionmarked "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 itwill be available for inspection and copying by members ofthepublic, including foreign and domestic competitors 

### of Alaska and competitors ofAlaska's aircraft and engine suppliers.
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# I I2. Certain price and cost data contained in Schedule B-7 are highly sensitive and confidential. More specifically, Schedule B-7 reflects the cost ofcominercial aircraft and engines Alaskapurchased or leased from The Boeing Company. 

### 3. The commercially-sensitive information found in Schedule B-7 shouldbe withheld from public disclosure pursuant to Exemptions 3 and 4 ofthe Freedom ofInformation Act (5 U.S.C. § S52(b)(3) and (4)) (the "FOIA") and legal authority interpreting the FOIA. 4. Under Exemptioi13, information in agency records should be withheld from the public ifit is specifically exempted from disclosure by a statute, provided thatthe statute "(A) requires that the matters be withheld from the public in such a manner as to leave no discretion.
onthe issue, or (B) establishes particular criteriafor withholding, orrefers to**p~icular** types of matters to be withheld." Section 1104 ofthe Federal Av!ation Act (49 U.S.C. 

### § 1504) specifically requires the Departmentto withhold information from production under the FOIA if its release would "adversely effect the 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. Exemption 4 extends confidential treatment to records that are "commercial or financial information obtainedfrom 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). These 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 

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### concerning·Alaska's aircraft transactions have the p9tential "to cause substantial 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 aperiod of ten (10) 

### years.

April 30, 2013 Respectfully submitted,

.

# ·.Kyle~~/ Deputy General Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5292

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