BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, DC 

Motion of 

FRONTIER AIRLINES, INC. 

for Confidential Treatment under 

14 CFR§ 302.12 

(Form 41, Schedule B-43) 

Docket DOT-OST-2010- otoo 

MOTION OF FRONTIER AIRLINES, INC. 

FOR CONFIDENTIAL TREATMENT 

Communications with respect to this document should be addressed to: 

Robert E. Cohn 

Sheryl R. Israel 

HOGAN & HARTSON L.L.P. 

555 Thirteenth Street, N.W. 

Washington, D.C. 20004 

(202) 637-4999 

(202) 637-8898 

recohn@hhlaw.com 

srisrael@hhlaw.com 

Counsel for 

FRONTIER AIRLINES, INC. 

April 20, 2010 

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BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Motion of 

FRONTIER AIRLINES, INC. 

for Confidential Treatment under 

14 CFR§ 302.12 

(Form 41, Schedule B-43) 

Docket DOT-OST-2010-

April20,2010 

MOTION OF FRONTIER AIRUNES, INC. 

FOR CONFIDENTIAL TREATMENT 

Frontier Airlines, Inc. ("Frontier") hereby requests that information 

contained in Frontier's Form 41, Schedule B-43, "Inventory of Airframes and 

Aircraft Engines," for the year ended December 31, 2009, be accorded 

confidential treatment and be withheld from public disclosure. Frontier is 

submitting a non-redacted copy of this document to the BTS under seal in an 

envelope labeled "Confidential Treatment Requested under Section 302.12," 

along with a copy of this Motion. ^ 

' Concurrently herewith. Frontier is submitting one redacted copy of the same B-43 report to the 

Bureau of Transportation Statistics pursuant to Part 241, redacted to delete certain confidential financial 

information from the publicly-available copies of its B-43 report. 

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Motion of Frontier Airlines, Inc. 

for Confidential Treatment 

Page 2 

Confidential treatment of the information on Frontier's Schedule B-43 is 

warranted under Exemption 4 of the Freedom of Information Act ("FOIA"), 

5 U.S.C. § 552(b)(4), and under applicable DOT and court precedent. 

Exemption 4 of FOIA provides that privileged or confidential commercial and 

financial information obtained from a private person is exempt from the 

requirements of public disclosure. See also Gulf & Western Indus.. Inc. v. 

United States. 615 F.2d 527 (D.C. Cir. 1979); Critical Mass Energv Project v. 

NRC. 975 F.2d 871 (D.C. Cir. 1992); National Parks & Conservation Ass'n v. 

Morton. 498 F.2d 765 (D.C. Cir. 1974). The information at issue here details 

Frontier's acquisition costs and related data for its airframes and aircraft 

engines. This information is confidential, competitively-sensitive commercial 

and financial information obtained from Frontier, a private party, and its public 

disclosure/release would result in substantial competitive and financial harm to 

Frontier. 

The information for which Frontier is requesting confidential treatment 

also falls within Exemption 3 of FOIA, which exempts from disclosure 

information required by statute to be withheld. 49 U.S.C. § 40115 provides that 

the Secretary of Transportation, upon motion, shall order information withheld 

from public disclosure when disclosure of the information would "have an 

adverse effect on the competitive position of an air carrier in foreign air 

transportation." The Department has previously found that the aircraft data 

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Motion of Frontier Airlines, Inc. 

for Confidential Treatment 

Page 3 

reported on Form 41 Schedule B-43 for which Frontier herein seeks confidential 

treatment would produce the harm specified in Section 40115. Frontier 

competes with foreign carriers that do not report information about the cost of 

their airframes and aircraft engines yet are free to obtain U.S. carrier 

information from the Department. It would substantially harm Frontier's 

competitive position to require it to divulge such information to its 

non-reporting foreign flag competitors. 

In addition, by letter dated August 23, 1994 to Delta Air Lines, Inc. 

("Delta") from Mr. James W. Mitchell, Director, Office of Airline Statistics, 

Research and Special Programs Administration, the Department determined 

that the financial information contained in Delta's Schedule B-7 and Schedule 

B-43 reports is confidential and contains competitively-sensitive data, and that 

withholding such confidential data from public disclosure is warranted by, and 

consistent with, Exemptions 3 and 4 of the Freedom of Information Act 

(5 U.S.C. § 552(b)(3) and (4)). In that decision, the Department ruled that the 

confidential data contained in Delta's Schedule B-7 and Schedule B-43 reports 

will be withheld from public disclosure for a period of ten (10) years from the 

date on which it was filed. The foregoing ruling applies with equal validity to 

Frontier's B-43 report for the year ended December 31, 2009. 

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Motion of Frontier Airlines, Inc. 

for Confidential Treatment 

Page 4 

WHEREFORE, Frontier hereby moves the Department, pursuant to 

Rule 12 of the Department's Rules of Practice, to grant confidential treatment 

to, and withhold from public disclosure, the information described herein and 

filed under seal for a period often (10) years. 

Respectfully submitted 

Robert E. Cohn 

Sheryl R. Israel 

HOGAN & FL\RTSON L.L.P. 

555 Thirteenth Street, N.W. 

Washington, D.C. 20004 

(202) 637-4999 

(202) 637-8898 

(202) 637-5910 (main fax) 

Attorneys for 

FRONTIER AIRLINES, INC. 

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