BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

RESEARCH AND SPECIAL PROGRAMS ADMlNISTRA TION ., (II I ' 'I I WASHINGTON, D.C. ' :~ · 'i ·· ._J 

Motion of 

MESABA AVIATION, INC. 

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) 

) 

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) 

Docket OST 

for confidential treatment of documents 

under Rule 39 of the Rul~s of Practice 

of the Department of Transportation 

14 C.F.R. 302.39 

MOTION OF 

MESABA AVIATION, lNC. 

FOR CONFIDENTIAL TREATMENT PURUSANT TO RULE 39 

May 2, 2012 

All communications with respect to this document are to be 

forwarded to: 

Mr. Anthony McDuffie 

Vice President and Controller 

Mesaba Aviation, Inc. 

One Commerce Square 

40 S. Main Street 

Memphis, TN 38103 

(901) 348-4376 

Page l of 4 MOTION OF MESABA AVIATION, INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39 

r;. j I 

l.' i 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 

WASHINGTON, D.C. 

Motion of 

MESABA AVIATION, INC. 

) 

) 

) 

) 

for confidential treatment of documents ) 

under Rule 39 of the Rules of Practice ) 

of the 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 of the Rules of 

Practice of the Department of Transportation ("DOT"). Mesaba seeks to be treated as 

confidential information relating to transactions or modifications of transactions 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 of which would cause substantial injury to Mesaba. Mesaba 

requests that the data at issue be withheld from public disclosure tor a period of ten ( l 0) years. In 

support of this motion, Mesaba states as follows: 

1. 1be data filed today is pursuant to Part 241 of the DOT's economic regulations. 

The great majority of Mesaba' s Part 241 filings are submitted as public documents, available for 

Page 2 of 4 MOTION OF MESABA AVIATION, INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39 
inspection and copying by members of the public, including foreign and domestic competitors of 

Mesaba and competitors of Mesaba1s aircraft and engine suppliers. 

2. A small portion of the information required to be filed pursuant to Part 241 is of a 

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 of these 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 they be withheld 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 of their 

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 of the 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, or refers to particular types of matters 

to be withheld." Section 1104 of the Federal Aviation Act (49 U.S.C. 1504), is exactly the type 

of statute to which Exemption 3 refers, because Section ll 04 requires that information be 

Page 3 of 4 MOTlON OF MESABA A VIA TlON, INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39 
withheld by the DOT if its release would "adversely effect the competitive position of any carrier 

in foreign air transportation." As set forth above, the data would have exactly this adverse effect. 

6. Under Exemption 4 of the FOIA (5 U.S.C. 552(b) (4)), information in agency 

records may be withheld that is "commercial or financial information obtained from a person and 

privileged or confidentiaL" As set forth above, these data are of precisely this nature. See 

National Parks and Conservation Association v. 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 of ten (1 0) years pursuant 

to Rule 39 of the Department of Transportation's Rules of Practice, and grant such other further 

relief as may be deemed just and necessary. 

May 2, 2012 

Respectfully submitted, 

Is/ Anthony McDuffie 

Anthony McDuffie 

Vice President and Controller 

Mesaba Aviation, Inc. 

One Commerce Square 

40 S. Main Street 

Memphis, TN 38103 

(901) 348-4376 

Page 4 of 4 MOTION OF MESABA AVIATION, INC. FOR CONFIDENTIAL TREATMENT 

PURSUANT TO RULE 39