BEFORETHE DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMlNISTRATION

., (II I ' 'I I WASHINGTON, D.C. '**:~** · 'i ·· ._J
Motion of MESABA AVIATION, INC. ) ) ) ) ) ) ) ) ) Docket OST for confidential treatment ofdocuments under Rule 39 ofthe

### Rul~s ofPractice ofthe Department ofTransportation 14 C.F.R. 302.39

MOTION OF MESABA AVIATION, lNC. FOR CONFIDENTIAL TREATMENT PURUSANTTO RULE 39

May2, 2012 All communications with respectto this document are tobe forwarded to:
Mr. Anthony McDuffie Vice President and Controller MesabaAviation, Inc. One Commerce Square 40 S. Main Street Memphis, TN 38103 (901) 348-4376

Page l of4 MOTION OF MESABA AVIATION, INC. FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39 r;. j I l.' iBEFORE THE DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION WASHINGTON, D.C.
Motion of MESABA AVIATION, INC. ) ) ) ) for confidential treatment ofdocuments ) under Rule 39 ofthe Rules ofPractice ) ofthe Department ofTransportation ) 14 C.F.R. 302.39 ) ) Docket OST

MOTION OF MESABA AVIATION, INC. FOR CONFIDENTIAL TREATMENT PURUSANT TO RULE 39 Mesaba Aviation, Inc. CMesaba") hereby submits this motion to withhold from public disclosure certain information contained in Mesaba's Form 41, Schedule B-43, for the quarter ending December 31, 2011 submitted herewith under seal, pursuant to Rule 39 ofthe Rules of Practice of the Department of Transportation ("DOT"). Mesaba seeks to be treated as confidential information relating to transactions or modifications oftransactions it has entered into with Bombardier, [nc., and all previously submitted requests. Mesaba believes that information contained in its Schedule B-43 report is confidential and commercially-sensitive data, the premature public disclosure ofwhich would cause substantial injury to Mesaba. Mesaba requests that the data at issuebe withheld from public disclosure tor a period often ( l0) years. In support ofthis motion, Mesaba states as follows: 1. 1be data filed today is pursuant to Part 241 ofthe DOT's economic regulations. The great majority ofMesaba's Part 241 filings are submitted as public documents, available for
Page 2of4 MOTION OF MESABA AVIATION, INC. FORCONFIDENTIAL TREATMENT PURSUANT TO RULE 39

### inspection and copyingby members ofthe public, including foreign and domestic competitors of Mesaba and competitors ofMesaba1

### s aircraft and engine suppliers. 2. A small portion ofthe information required to be filed pursuant to Part 241 is ofa commercially-sensitive and confidential nature. In this case, certain price and cost data contained in Mesaba's Schedule B-43 is highly sensitive and confidentiaL Public disclosure ofthese data would have an adverse financial impact on Mesaba. Withholding the data from public disclosure is consistent with the Freedom of [nformation Act (5 

### U.S.C. 552) (the "FOIA"), and precedents thereunder. 3. The reasons why these cost and price data are commercially sensitive to a degree that requires theybewithheld from public disclosure are as follows: (a) Disclosure of the data diminishes competition among the major aircraft manufacturers; and (b) Disclosure of the data impairs competition in the international arena, because United States airlines are required to reveal major elements oftheir cost structures when their foreign competitors are not. 4. Accordingly the data should be withheld from public disclosure by the DOT, pursuant to Exemptions 3 and 4 ofthe FOIA (5 U.S.C. 552(b) (3) and (4)). 5. Under Exemption 3 ofthe FOIA, information in agency records may be withheld if

### it 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 on the issue, or (B) establishes particular criteria for withholding, orrefers to particular types ofmatters to be withheld." Section 1104 ofthe Federal Aviation Act (49 U.S.C. 1504), is exactly the type of statute to which Exemption 3 refers, because Section ll04 requires that information be Page 3 of4 MOTlON OF MESABA AVIATlON, INC. FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 39withheld bythe DOT ifits release would "adversely effect the competitiveposition ofany carrier in foreign air transportation." As set forth above, the datawould have exactlythis adverse effect. 6. Under Exemption 4 of the FOIA (5 U.S.C. 552(b) (4)), information in agency records maybe withheld that is "commercial orfinancial information obtained from a person and privileged or confidentiaL" As set forth above, these data are of precisely this nature. See National Parks and ConservationAssociationv. Morton 498 F. 2d 765, 769 (D.C. Cir. 1974).

· WHEREFORE, Mesaba respectfully moves that the Department of Transportation withhold the attached, sealed data from public disclosure for a period often (10) years pursuant to Rule 39 ofthe Department ofTransportation's Rules ofPractice, and grant such other further reliefas maybedeemedjust and necessary.

May 2, 2012 Respectfully submitted,


### Is/Anthony McDuffie Anthony McDuffie Vice President and Controller MesabaAviation, Inc. One Commerce Square 40 S. Main Street Memphis, TN 38103 (901) 348-4376

Page 4 of4 MOTION OF MESABA AVIATION, INC. FOR CONFIDENTIAL TREATMENT PURSUANT TORULE 39