.-^^ARTl'FMTOF, 

BEFORE THE • - T OPLRAIICMO 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY , ,, , p p 2.5 b 

WASHINGTON, D.C. 

Motion of 

DELTA AIR LINES, INC. 

For Confidential Treatment 

Under Section 302.12 

Docket OST-1995-651 

MOTION OF DELTA AIR LINES, INC. 

TO WITHHOLD INFORMATION 

FROM PUBUC DISCLOSURE 

Communications witli respect to thiis document shoidd be sent to: 

Alexander Van der Bell^ 

Managing Director Govemment Affairs 

& Associate General Counsel 

DELTA AIR LINES. INC. 

1212 New York Avenue, N.W. 

Suite 200 

Wastiington, DC 20005 

(202)842^184 

sascha.vBnderbeHen@d0fta.com 

November 9,2011 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Motion of 

DELTAAIR LINES, INC. 

For Confidential Treatment 

Under Section 302.12 

Docket OST-1995-651 

MOTION OF DELTAAIR UNES. INC. 

TO WITHHOLD INFORMATION 

FROM PUBLIC DISCLOSURE 

Pursuant to 14 CFR 302.12, Delta Air Lines, inc. ("Delta") hereby files this Motion to 

Wittihold From Public Disclosure certain commercially and competitively sensitive information 

contained in Delta's Fomn 41 Scliedule B-7, Airframe and Aircraft Engine Acquisitions and 

Retirements for tlie tiiird quarter of 2011. Delta is required to provide the confidential information 

contained in Schedule B-7 pursuant to Part 241 of the Department's Economic Regulations, 14 CFR 

241. * 

The infomiation for which Delta is requesting confklential treatment falls within Exemption 3 

of the Freedom of Infonnation Act 5 U.S.C. § 552(b)(3), which exempts from disclosure infomnation 

required by statute to be withheld. 

E}«mption 3 provides that: 

(b) This section does not apply to matters that are... 

(3) specifically exempted from disclosure by statute 

(other than section 552(b) of this title), provided that 
such statute (A) requires that the matters to be 

witiiheld from the public in such a manner as to leave 

no discretion on the issue, or (B) establishes particular 

criteria for withholding or refers to particular types of 

matters to be withheld; 

Section 40115 of Title 49 of the United States Code, formerly Section 1104 of the Federal 

Aviation Act, provides that the Secretary of Transportation, upon motion, shall order information 

withheld from public disclosure when disclosure of the information would "have an adverse effiect on 

the competitive position of an air earner in foreign air transportation." The Department has 

previously found that the aircraft data reported on Form 41 Schedule B-7 for which Delta herein 

seeits confidential treatment would produce the harm specified in Section 40115.^ The Department, 

in granting confidentiality to United, stated: 

United competes with foreign air earners ^at do not report 

information about ttie cost cX their individual airframes and aircraft 

engines. This laclc of available aircraft cost information from foreign 

air carriers creates an environment where foreign carriers are able to 

access U.S. earner aircraft cost information from the Department's 

public records, but U.S. caniers are unable to access comparable 

data for their foreign competitors. This lack of reciprocal access 

erodes the competitiveriess of United vis a vis its foreign competitors. 

Therefore, the release of aircraft inventory cost data reported on 

United's Form 41 Schedule B-7.... and Schedule B-43.... woukl 

produce the hann specified in Section 1104. Consequentiy this 

information vnli be withheld from disck)sure under Exemption 3 of 

FOIA and Section 1104 of the Act. 

Like United, Delta competes with foreign earners tiiat do not report infonnation about the 

cost of tlieir airframes and aircraft engines yet are free to obtain U.S. carrier infonnation from the 

Department. It would be damaging to Delta to require it to divulge to Its non-reporting foreign flag 

competitors the fruits of its competitive efforts with aircraft manufacturers to secure the best 

^ See e^ , Letter of Office of Airline Statistics granting Motion of United Airlines, Inc., dated December 

29,1993 (Docket 48726). The Department also granted confideniial treatment to Schedules B-7 of American 

(by letter dated November 1,1993, Docket 48800) and Delta (by letter dated March 29,1993, Docket 48649). 
possible purchase price.^ 

The Deparbnent, when deciding United's confidenHallty motion, granted United a ten-year 

confidential period beginning on tiie date the infonnation was required to be filed pursuant to 14 

CFR 241.22(a). Delta requests similar protection with respect to its Schedule B-7, which is being 

uploaded to http://esubmitrita.dot.aov. in accordance with the Department's Final Rule on 

Submitting Airiine Data via the Internet. 

WHEREFORE, Delta requests that the Department, pursuant to 14 CFR 302.12 and 5 

U.S.C. § 552(b)(3) and (4), withhold fiom public disclt^ure the financial infonnation contained in 

Delta's Fomi 41 Schedule B-7 for a period of not less than ten years. 

Respectfully submitted. 

^ Delta also submits that the information sought to be withheld falls within Exemption 4 from the 

Freedom of information Act, 5 U.S.C. § 552(b)(4), which provides protectton from disclosure for "trade secrets 

and commercial or iinancial information obtained from a person and privileged or conlkiential — " The 

requested infonnation contained in Delta's Schedule B-7 satisfy all three elements required for protection under 

Exemption 4.