BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

)

VIRGIN AMERICA INC. )

) DOCKET OST-2009-0080

For Confidential Treatment of Documents )

Under Rule 12 of the Rules of Practice of the )

Department of Transportation, 14 C.F.R. § 302.12 )

(Form 41; Schedule B-7) )

__________________________________________)

MOTION OF VIRGIN AMERICA INC. FOR

CONFIDENTIAL TREATMENT PURSUANT TO RULE 12

Communications with respect to this document should be sent to:

John Varley, Esq.

Senior Vice President &

General Counsel 

Virgin America Inc.

555 Airport Boulevard, Suite 450

Burlingame, CA 94010

(650) 762-7108

(650) 762-7001 (fax)

john.varley@VirginAmerica.com

August 10, 2012
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

)

VIRGIN AMERICA INC. )

) DOCKET OST-2009-0080

For Confidential Treatment of Documents )

Under Rule 12 of the Rules of Practice of the )

Department of Transportation, 14 C.F.R. § 302.12 )

(Form 41; Schedule B-7) )

__________________________________________)

MOTION OF VIRGIN AMERICA INC. FOR

CONFIDENTIAL TREATMENT PURSUANT 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 June 30, 2012, be accorded 

confidential treatment and be withheld from public disclosure. Virgin America requests 

confidential treatment of the 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 

Treatment Requested under § 302.12” along with a copy of this 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 of this motion. Virgin America is further providing a redacted version of the same 

report to the Bureau of Transportation Statistics, redacted to delete the information for which Virgin America is 

seeking confidential treatment herein.
2

exempted from the requirements of public disclosure due to its business sensitive nature. This 

information, which is the subject of this motion, details Virgin America’s acquisition costs for its 

airframe and engine purchases. The public release of this 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 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 Project v. NRC, 975 F.2d 871 (D.C. Cir. 1992).

The Department has previously determined that the information contained in Schedule B7 reports submitted by Virgin America as well as other carriers would be withheld from public 

disclosure for a period of ten (10) years from the date on which the information was required to 

be filed. The same ruling should apply with equal validity to Virgin America’s report for the 

quarter that ended June 30, 2012.
3

WHEREFORE, Virgin America Inc. respectfully moves the Department of Transportation 

to withhold the financial information contained in Virgin America’s Schedule B-7 report for the 

quarter that ended June 30, 2012, filed concurrently herewith under seal, from public disclosure 

for a period of ten (10) years, pursuant to Rule 12 of the Department’s Rules for Practice in 

Proceedings.

Respectfully submitted,

John Varley, Esq.

Senior Vice President &

General Counsel 

Virgin America Inc.

555 Airport Boulevard, Suite 450

Burlingame, CA 94010

(650) 762-7108

(650) 762-7001 (fax)

john.varley@VirginAmerica.com

Counsel for Virgin America Inc.

August 10, 2012