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•iSPORlAflO'! 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

In the Matter of: 

FORM 41 AIRFRAME AND 

AIRCRAFT ENGINE FINANCIAL 

DATA REPORTING 

Docket OST-96-1640 

MOTION OF SOUTHWEST AIRLINES CO. 

TO WITHHOLD FROM PUBLIC DISCLOSURE 

Communications with respect to this document should be sent to: 

Leslie C. Abbott 

Senior Attorney 

SOUTHWEST AIRLINES CO. 

1901 L Street, N.W. 

Suite 640 

Washington, D.C. 20036 

(202) 263-6285 

leslie.abbott@wnco.com 

February 10, 2012 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

In the Matter of: 

FORM 41 AIRFRAME AND 

AIRCRAFT ENGINE FINANCIAL 

DATA REPORTING 

Docket OST-96-1640 

MOTION OF SOUTHWEST AIRLINES CO. 

TO WITHHOLD FROM PUBLIC DISCLOSURE 

Pursuant to Rule 12 of the Department's Rules of Practice (14 C.F.R. § 302.12), 

Southwest Airlines Co. ("Southwest") hereby files this Motion to Withhold from Public 

Disclosure the information and data incorporated within the accompanying sealed 

envelope captioned Form 41, Schedule B-7 Airframe and Aircraft Engine Acquisitions 

and Retirements. This information and data are being reported to the Department in 

accordance with the requirements of 14 C.F.R. Part 241 with respect to the fourth 

quarter of 2011. 

The material for which confidentiality is sought includes Southwest's acquisition 

costs and related financial information with respect to airframes, aircraft, and aircraft 

engines. 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 Energy 

Proiect v. NRC. 975 F.2d 871 (D.C. Cir. 1992). 

Three elements must be satisfied in order to protect information from public 
disclosure under 5 U.S.C. § 552(b)(4). The information must be: (1) financial or 

commercial in nature, (2) obtained from a person outside the government, and (3) 

confidential or privileged. Gulf and Western Industries, supra. 615 F.2d at 529. 

Information will be deemed "confidential" if, inter alia, public disclosure is likely to cause 

substantial harm to the competitive position of the submitting party. See National Parks 

& Conservation Ass'n v. Morton. 498 F.2d 765 (D.C. Cir. 1974); Critical Mass. supra. 

975 F.2d at 879. 

The information which Southwest seeks to protect from public disclosure satisfies 

these three elements. The acquisition cost and financial data that Southwest is reporting 

to DOT results from negotiations between Southwest and commercial vendors of 

aircraft, aircraft engines and related components. These prices and terms are clearly 

"financial or commercial in nature." Further, because these prices and temns are 

established entirely through negotiations between Southwest and its commercial 

suppliers, the information is obtained "from a person outside the government." None of 

this information is provided by any governmental agency or official. Finally, this 

financial information would not normally be made public by Southwest or its negotiating 

partners since public disclosure would cause substantial competitive harm to 

Southwest. Confidential treatment of this commercially sensitive information is 

particularly appropriate in light of Southwest's purchase agreements with its vendors. 

Such agreements customarily contain language requiring that Southwest maintain the 

confidentiality of certain material terms, including acquisition costs. Therefore, the 

release of such information would significantly hinder Southwest's ability to negotiate 

favorable costs and terms from commercial vendors of airframes, aircraft and aircraft 

engines. 
WHEREFORE, Southwest hereby requests that confidential treatment be given 

to all information it files with the Department under Form 41, Schedule B-7, including 

this Schedule B-7 filing pertaining to the fourth quarter of 2011. 

Respectfully submitted, 

Leslie C. Abbott 

Attorney 

SOUTHWEST AIRLINES CO. 

1901 L Street, N.W. 

Suite 640 

Washington, D.C. 20036 

202-263-6285 

February 10, 2012