BEFORE THE DEPARTMENT OF TRANSPORTAot:J:dNt: OFFICE OF THE SECRETARY WASHINGTON, D:C.

Motion of ALASKA AIRLINES, INC. For confidential treatment of Part 241 Submissions under 14 C.F.R. ~ 302.12 ) ) ) ) ) ) ) ) Docket OST-96-l637

MOTION OF ALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12

Please forward all communications concerning this motion to:

Brandon Pedersen VPlFinance and CFO ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5763

August 7, 2013 Kyle B. Levine Deputy General Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 • (206) 392-5292

Counsel for ALASKA AIRLINES, INC.

Page 1 of 4

- MOTION OFALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF

PART 241 SUBMISSIONS UNDER RULE 12BEFORE THE DEPARTMENT OF TRANSPORTATION OFflCE OF THE SECRETARY WASHINGTON, D.C.

Motion of ALASKA AlRLlNES, INC. For confidential treatment ofPart 241 Submissions under 14 C.F.R. 

## 9 302.12 ) ) ) ) ) ) ) ) Docket OST-96-163?

MOTION OF ALASKA AlRLlNES, INC. FOR CONFIDENTIAL TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12

Pursuant to section 302.12 ofthe Department's Rules of Practice, Alaska Airlines, Inc.
, ("Alaska") hereby moves to withhold from public disclosure for a period often years certain commercially-sensitive information contained in Scb,edule B-? ("Airframe and Aircraft Engine Acquisitions and Retirements") ofits Part 241 filings for the quarter ending June 30, 2013. An unredacted version of Schedule B-? is filed simultaneously with this Motion marked "Confidential Treatment Requested Under 

## 9 302.12." In support of its Motion, Alaska offers the following points and authorities: 1. The data for which confidential treatment is sought is being disclosed to the Department pursuant to Part 241 ofthe Department's economic regulations. The majority of information contained in Alaska's Part 241 filings will enter the public dofnain, where it will be available for inspection and copying by members ofthe public, including foreign and domestic competitors of Alaska and competitors of Alaska's aircraft and engine suppliers.

Page 2 of4

-

### MOTION OFALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF

PART 241 

### SUBMISSIONS UNDER.RULE 122. Certainprice and cost datacontained in ScheduleB-7 are higWysensitive and

confidential. More specifically, Schedule B-7reflects the cost ofcommercial aircraft and engines Alaska purchased orleased fromTheBoeing Company. 3. The commercially-sensitive information found in Schedule B-7 should be withheld from public disclosure pursuant to Exemptions 3 and4 ofthe Freedom ofInformation Act (5 U.S.C. ~552(b)(3) and (4)) (the "FOIA") and legal authority interpreting the FOIA. 4. Under Exemption 3, information in agencyrecords should be withheld fromthe public ifitis specifically exempted from disclosure by a statute, provided thatthe statute "(A) requires that the matters be withheld fromthepublic in such amanner asto leave no discretion
onthe issue, or (B) establishes particular criteriaforwithholding, orrefers to particular types of matters to be withheld." Section 1104ofthe FederalAviation Act (49U.S.C. ~ 1504) specifically requires the Department to withhold information fromproduction under the FOIA if itsrelease would "adversely effectthe competitive position ofany carrier in foreign air transportation." Public release ofthe aircraft andenginecost datato Alaska's competitors would have exactly this adverse effect. 5. Exemption 4 extends confidential treatmentto records that are "commercial or financial information obtained from aperson andprivileged orconfidential." 5 U.S.C. ~ 552(b)(4); see also Gulfand Western Industries, Inc. v. United States, 615 F.2d 527,529 (D.C. Cir. 1979). These price andcost datacontained in ScheduleB-7 are ofthis nature and, additionally, "would customarily notbereleased to the public by [Alaska]." SeeNational Parks and Conservation Association v. Morton, 498 F. 2d 765, 766 (D.C. Cir. 1974) (citing S. Rep. No. 813, 89th Cong., 1stSess. 9 (1965)). Finally, ifreleased underthe ForA, price and cost data II II II II

Page 3 of4

-MOTION OFALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF

PART 241 SUBMISSIONS UNDER RULE 12concerning Alaska's aircraft transactions have the potential "to cause substantial harm to the

competitive position of the person from whom the information was obtained." Id. at 770. WHEREFORE, Alaska respectfully requests the Department of Transportation to withhold the redacted portions ofthe attached document(s) from public disclosure for a period of ten (10) years.
Respectfully submitted,

Kyle B. Levine Deputy General Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5292 August 7, 2013

Page 4 of 4

- MOTION OFALASKA AIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF

PART 241 SUBMISSIONS UNDER RULE 12