BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

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 PUBLIC DISCLOSURE 

Communications witli respect to this document should be sent to: 

Alexander Van der Bellen 

Managing Director Government Affairs 

& Associate General Counsel 

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Suite 200 

Washington, DC 20005 

(202)842-4184 

sascha. vanderbellen@delta. com 

February 9, 2010 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

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 PUBLIC DISCLOSURE 

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

Withhold From Public Disclosure certain commercially and competitively sensitive 

information contained in Delta's Form 41 Schedule B-7, Airframe and Aircraft Engine 

Acquisitions and Retirements, for the quarter ending December 31, 2009. 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. 

Delta requests confidential treatment of the acquisition and retirement cost data on 

its Schedule B-7 contained in Columns 10 (Cost), 11 (Amortized/Depreciated Cost) and 12 

(Realization). Delta has deleted the aforementioned information from its public filing of its 

Schedule B-7 and has filed a sealed envelope enclosing unredacted copies of Delta's 

Schedule, together with this Motion, with the Office of Airline Statistics. 

The information for which Delta is requesting confidential treatment falls within 

Exemption 3 of the Freedom of Information Act 5 U.S.C. § 552(b)(3), which exempts from 

disclosure information required by statute to be withheld. Exemption 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 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 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 effect on the competitive position of an air carrier in foreign air 

transportation." The Department has previously found that the aircraft data reported on 

Form 41 Schedule B-7 for which Delta herein seeks confidential treatment would produce 

the harm specified in Section 40115.^ 

The Department, in granting confidentiality to United, stated: 

United competes with foreign air carriers that do not report 

information about the cost of their individual airframes and 

aircraft engines. This lack of available aircraft cost 

information from foreign air carriers creates an environment 

where foreign carriers are able to access U.S. carrier aircraft 

cost information from the Department's public records, but 

U.S. carriers are unable to access comparable data for their 

foreign competitors. This lack of reciprocal access erodes 

the competitiveness 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 ... would 

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

dated December 29, 1993 (Docket 48726). The Department also granted confidential 

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). 
produce the harm specified in Section 1104. Consequently 

this information will be withheld from disclosure under 

Exemption 3 of FOIA and Section 1104 of the Act. 

Like United, Delta competes with foreign carriers that do not report information 

about the cost of their airframes and aircraft engines yet are free to obtain U.S. carrier 

information 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 possible purchase price.^ 

The Department, when deciding United's confidentiality motion, granted United a 

ten-year confidential period beginning on the date the information was required to be filed 

pursuant to 14 CFR 241.22(a). Delta deserves to be treated no less favorably with respect 

to the sealed Schedule B-7 attached hereto. 

^ 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 protection 

from disclosure for "trade secrets and commercial or financial information obtained from a 

person and privileged or confidential...." The requested information contained in Delta's 

Schedule B-7 satisfy all three elements required for protection under Exemption 4. 
WHEREFORE, Delta requests that the Department, pursuant to 14 CFR 302.12 

and 5 U.S.C. § 552(b)(3) and (4), withhold from public disclosure the information contained 

in columns 10-12 of Delta's Form 41, Schedule B-7 for a period of not less than ten years. 

Respectfully submitted, 

Alexander Van der Bellen 

Managing Director Government Affairs 

& Associate General Counsel 

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Suite 200 

Washington, DC 20005 

(202)842-4184 

sascha. vanderbellen@delta. com 

February 9, 2010