BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) VIRGIN AMERICA INC. ) ) DOCKET OST-2009-0080 ForConfidential Treatment ofDocuments ) Under Rule 12 ofthe Rules ofPractice ofthe ) Department ofTransportation, 14 C.F.R. 

### §302.12 ) (Form 41; Schedule B-7) )

May 10,2012 MOTION OF VIRGIN AMERICA INC. FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12
Communications with respectto this document shouldbe sentto:
John Varley, Esq. SeniorVice President & General Counsel VirginAmericaInc. 555 Airport Boulevard, Suite 450 Burlingame, CA 94010 (650) 762-7108 (650) 762-7001 (fax) john.varley@VirginAmerica.com 

### I**~·,** .,_)

### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) 

### Application of ) ) 

### VIRGIN AMERICA INC. ) ) 

### For Confidential Treatment ofDocuments ) Under Rule 12 oftheRules ofPractice ofthe ) Department ofTransportation, 14 C.P.R.§ 302.12 ) (Form 41; Schedule B-7) ) DOCKET OST-2009-0080

MOTION OF VIRGIN AMERICA INC. FOR CONFIDENTIAL TREATMENTPURSUANT 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-7, Airframe and Aircraft Engine Acquisitions and Retirements, for the quarter ended March 31, 2012, be accorded confidential treatment and be withheld from public disclosure. Virgin America requests confidential treatment ofthe following information contained in its Schedule B-7: (1) 

### Acquired Cost or Capitalized Value; (2) Depreciated Cost or Amortized Value; and (3) Realization. As provided in § 302.12, the non-redacted document is being filed with the marking "Confidential TreatmentRequested under§ 302.12" along with a copy ofthis motion. 1 

### The Freedom of Information Act, 5 U.S.C. § 552(b)(4), provides that privileged or confidential commercial and financial information obtained from a private person is specifically

1 Virgin America is also submitting the non-redacted version of Schedule B-7 to the Bureau of Transportation Statistics along with a copy ofthis motion. Virgin America is further providing a redacted version ofthe same report to the Bureau ofTransportation Statistics, redacted to delete the information for which Virgin America is seeking confidential treatment herein.exempted from the requirements ofpublic disclosure due to its business sensitive nature. This information, which is the subject ofthis motion, details Virgin America's acquisition costs for its airframe and engine purchases. The public release ofthis information would cause substantial competitive and financial injury to Virgin America. Accordingly, the information should be withheld from public disclosure. This information may properly be withheld from public disclosure under Exemption 4 of the Freedom oflnformationAct, 5 U.S. C. § 552(b)(4), whichpermits 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 Energy Projectv. NRC, 975 F.2d 871 (D.C. Cir. 1992). The Departmenthas previously determined thatthe information contained in Schedule B7 reports submittedbyVirginAmerica as well as othercarriers wouldbe withheld from public disclosure for a period often ( 1 0) years from the date on whichthe information was required to be filed. The sameruling should apply with equal validity to Virgin America'sreport for the quarterthat ended March 31, 2012.

2tif' I
..



### WHEREFORE, VirginAmericaInc. respectfully moves the Department ofTransportation to withhold the financial information contained in Virgin America's Schedule B-7 report for the quarter that ended March 31, 2012, filed concurrently herewith under seal, from public disclosure for a period of ten (10) years, pursuant to Rule 12 ofthe Department's Rules for Practice in Proceedings.

May 10,2012 Respectfully submitted, 

# c?f'wt**~**

# ~Varley, Esq. 

# 7

SeniorVice President & 

### General Counsel VirginAmericaInc. 555 Airport Boulevard, Suite 450 Burlingame, CA 94010 (650) 762-7108 (650) 762-7001 (fax) john.varley@VirginAmerica.com Counsel for Virgin AmericaInc.

3