Motion of 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRAlri(1iN"· L! 2: I l 

WASHINGTON, D.C. 

. j_t}!l- tJ 5 s-1 

COLGAN AIR, INC. 

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Docket OST -

tor confidential treatment of documents 

under Rule 39 of the Rules of Practice 

ofthe Department ofTransportation 

14 C.F.R. 302.39 

MOTION OF 

COLGAN AIR, INC. 

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 

Colgan Air, Inc. 

One Commerce Square 

40 S. Main Street 

Memphis, TN 38103 

(901) 348-4376 

Page 1 of 4 MOTION OF COLGAN AIR, lNC. FOR CONFIDENTIAL TREATMENT PURSUANT 

TO RULE 39 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 

W ASHINGTON1 D.C. 

Motion of 

COLGAN AIR, INC. 

tbr confidential treatment of documents 

under Rule 39 of the Rules of Practice 

of the Department of Transportation 

14 C.F.R. 302.39 

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Docket OST 

MOTION OF 

COLGAN AIR, INC. 

FOR CONFIDENTIAL TREATMENT PURUSANT TO RULE 39 

Colgan Air, Inc. ("Colgan") hereby submits this motion to withhold from public 

disclosure certain intbrmation contained in Colgan's Form 41, Schedule B-43 and BTS Form EF, 

tbr the quarter ending December 31, 2011, submitted herewith under seal, pursuant to Rule 39 of 

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the Rules of Practice of the Department of Transportation ("DOT"). Colgan seeks to be treated 

as confidential information relating to transactions or modifications of transactions it has entered 

into with Bombardier, Inc., and all previously submitted requests. Colgan believes that 

information contained in its Schedule B-43 and BTS Form EF report is confidential and 

commercially-sensitive data, the premature public disclosure of which would cause substantial 

injury to Colgan. Colgan requests that the data at issue be withheld from public disclosure for a 

period of ten (l 0) years. in support of this motion, Colgan states as foiiows: 

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

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

Page 2 of 4 MOTION OF COLGAN AIR, lNC. FOR CONFIDENTIAL TREATMENT PURSUANT 

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

Colgan and competitors of Colgan's 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 Colgan's Schedule B-43 and BTS Form EF is highly sensitive and confidentiaL Public 

disclosure of these data would have an adverse financial impact on Colgan. Withholding the data 

from public disclosure is consistent with the Freedom of Information 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 of the 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 I 104 of the Federal Aviation Act {49 U.S.C. 1504), is exactly the type 

of statute to which Exemption 3 refers, because Section 11 04 requires that information be 

Page 3 of 4 MOTION OF COLGAN AIR, INC. FOR CONFIDENTIAL TREATMENT PURSUANT 

TORULE39 
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withheld by the DOT if its release would "adversely effect the competitive position of any carrier 

in foreign air transportation." As set f(Jrth 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 tbrth 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, Colgan 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 Transportation1s Rules of Practice, and !:,rrant such other further 

relief as may be deemed just and necessary. 

May 2, 2012 

Respectfully submitted, 

/s/ Anthony McDuffie 

Anthony McDuffie 

Vice President and Controller 

Colgan Air, Inc. 

One Commerce Square 

40 S. Main Street 

Memphis, TN 38103 

(901) 348-4376 

Page 4 of 4 MOTION OF COLGAN AIR, INC. FOR CONFIDENTIAL TREATMENT PURSUANT 

TO RULE 39