BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Motion of ALASKA AIRLINES, INC. For confidential treatment ofPart241 Submissions under 14 C.F.R. 

### § 302.12 ) ) ) ) ) )

. )

. Docket OST-96-1637

MOTION OF ALASKA AIRLINES, INC. FORCONFIDENTIAL TREATMENT OF PART 241 SUBMISSIONS UNDERRULE 12
Please forward all communications concerning this motion to:

Bran<J.on Pedersen VP/Finance and CFO ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5763

March 

# 1,,2013 Kyle B. Levine Deputy General Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5292
Counsel for ALASKA AIRLINES, INC. - ·. i

.**~** : j

...·.., '·

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

ALASKA AIRLINES, 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 often years certain commercially-sensitive information contained in Schedule B-7 ("Airframe and Aircraft Engine Acquisitions and Retirements") and Schedule B-43 ("Inventory ofAirframes and Aircraft Engines") ofits Part 241 filings for the quarter ending December 31, 2012. Umedacted versions ofSchedules B-7 and B-43 are filed simultaneously withthis Motion marked "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 it will be available for inspection and copying bymembers ofthe public, including foreign and domestic competitors ofAlaska and competitors ofAlaska's aircraft and engine suppliers. Page 2 of4 -MOTIONOFALASKAAIRLINES, INC FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDER RULE 122. Certainprice and cost data contained in Schedules B-7 and B-43 are highly sensitive and confidential. More specifically, (a) Schedule B-7 reflects the cost ofcommercial aircraft and engines Alaska purchased or leased from The Boeing Company. (b) Schedule B-43 discloses the acquisition cost, depreciation or amortization values and estimated residual values ofnumerous commercial aircraft and engines Alaska has purchased from The Boeing CorJ?pany since the 1990s. 3. The commercially-sensitive information found in Schedules B-7 and B-43 should be withheld from public disclosure pursuant to Exemptions 3 and 

## 4ofthe Freedom of Information Act (5 U.S.C. § 552(b)(3) and (4)) (the "FOIA") and legal authority interpreting the FOIA. 4. Under Exemption 3, information in agency records should be withheld from the public ifit is specifically exempted from disclosure by a statute, provided that the 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 criteria for withholding, or refers to particulartypes of matters to bewithheld." Section 1104 ofthe Federal Aviation Act (49 U.S.C. 

### § 1504) specifically requires the Department to withhold information from productionunder the FOIA if its release would "adversely effect the competitive position ofany carrierinforeign air transportation." Public release ofthe aircraft and engine cost data to Alaska's competitors would have exactly this adverse effect. 5. Exemption 4 extends confidential treatment to records that are "commercial or financial information obtained from 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 Schedules B-7 and B-43 are ofthisnature 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 Page 3 of4 -MOTIONOFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDER RULE 12concerning Alaska's aircraft**transaction~** have the potential "to cause substantial harm to the competitive position ofthe person from whom the information was obtained." Id. at 770. WHEREFORE, Alaskarespectfully requests the Department ofTransportationto withholdthe redactedportions ofthe attached document(s) from public disclosure for a period of ten (10) years.

March 

### /f, 2013 Respectfully submitted,

Kyle

. Levine Deputy General Counsel ALASKAAIRLINES, INC. 19300 International Boulevard Seattle, Washington 98198 (206) 392-5292

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