'•^-•ARTMENTOF 

•^ASPORTATION 

BEFORE THE ^H^nPERATlQNS 

DEPARTMENT OF TRANSPORTATION 

RESEARCH AND SPECIAL PROGRAMS ADMrNISTRATldNf''^*' - 8 P 2- 0 3 

WASHINGTON. D.C. 

Motion of 

COLGAN AIR, INC. 

for confidential treatment of documents 

under Rule 39 of the Rules of Practice 

of the Department of Transportation 

14 C.F.R. 302.39 

Docket OST -'^OO^ ' ^ i Z { 

MOTION OF 

COLGAN AIR, INC. 

FOR CONFIDENTIAL TREATMENT PURUSANT TO RULE 39 

All communications with respect to this document are to be 

forwarded to: 

Mr. Paul M. Lopez 

Vice President and Controller 

Colgan Air, Inc. 

1689 Nonconnah Blvd. 

Memphis, TN 38132 

(901)348-4100 

November 10-2010 

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

TO RULE 39 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION 

WASHINGTON, D.C. 

Motion of 

COLGAN AIR, INC. 

for confidential treatment of documents 

under Rule 39 of the Rules of Practice 

of the Department of Transportation 

14 C.F.R. 302.39 

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 information contained in Colgan's Form 41. Schedule B-7. for the quarter 

ending September 30, 2010 submitted herewith under seal, pursuant to Rule 39 of 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 ail previously submitted requests. Colgan believes that 

information contained in its Scheduled B-7 and Schedule B-43 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 often (10) years. In support of this motion, Colgan states as follows: 

1. The data filed 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, INC. FOR CONFIDENTIAL TREATMENT PURSUANT 

TO RULE 39 
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 informafion 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-7 and Schedule B-43 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 competifion 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 witliheld 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 Exempfion 3 refers, because Secfion 1104 requires that information be 

Page 3 of 4 MOTION OF COLGAN AIR, 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, Colgan 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 of the Department of Transportafion's Rules of Practice, and grant such other further 

relief as may be deemed just and necessary. 

Respectfully submitted, 

/s/ Paul M. Lopez 

Paul M. Lopez 

Vice President and Controller 

Colgan Air, Inc. 

1689 Nonconnah Blvd. 

Memphis. TN 38132 

(901)348-4100 

November 10,2010 

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

TO RULE 39