BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Motion of 

COMPASS AIRLINES, INC 

for Confidential Treatment 

Under Section 302.12 

Docket No. OST-2010- O ^ <?J 

Motion of Compass Airlines, Inc. 

To Withhold Information 

From Public Disclosure 

Communications with respect to this document should be directed to: 

Kenneth P. Quinn 

Jennifer E. Trock 

PILLSBURY WINTHROP 

SHAW PITTMAN LLP 

2300 N Street NW 

Washington, DC 20037 

Phone: (202) 663-8000 

Fax: (202) 663-8007 

Email: kquinn(a)piIlsburvlaw.com 

jennifer.trock@pillsburvlaw.com 

Counsel for Compass Airlines 

August 10,2010 

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BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Motion of 

COMPASS AIRLINES, INC 

for Confidential Treatment 

Under Section 302.12 

Docket No. OST-2010-

Motion of Compass Airlines, Inc. 

To Withhold Information 

From Public Disclosure 

Pursuant to 14 CFR 302.12, Compass Airlines, Inc. ("Compass") hereby files this Motion 

to Withhold From Public Disclosure certain commercially and competitively sensitive 

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

Acquisitions and Retirements. Compass provides the confidential information contained in 

Schedule B-7 pursuant to Part 241 of the Department's Economic Regulations, 14 CFR 241. 

The information for which Compass is requesting confidential treatment falls within 

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

disclosure information required by statute to be withheld. 

Exemption 3 provides that: 

(b) This section does not apply to matters that are . .. 

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(3) specifically exempted fi-om disclosure by statute (other than 

section 552(b) of this title), provided that such statute (A) requires 

that the matters to be withheld fi-om 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 Compass 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 airfi-ames and aircraft 

engines. This lack of available aircraft cost information fi-om 

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 . . . , and 

Schedule B-43 . . . , would 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. 

1 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). 

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Like United, Compass 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 Compass to require it to divulge to 

its non-reporting foreign flag competitors the fruits of its competitive efforts wi± aircraft 

manufacturers to secure the best possible purchase price.^ 

The Department, when deciding United's confidentiality motion, granted United a tenyear confidential period beginning on the date the information was required to be filed pursuant 

to 14 CFR 241.22(a). Compass requests similar protection with respect to the sealed Schedule 

B-7 attached hereto. 

WHEREFORE, Compass 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 financial information contained 

in Compass' Form 41 Schedule B-7 for a period of not less than ten years. 

Respectfully submitted, 

4T 

Jennifer E. Trock 

^ Compass also submits that the information sought to be withheld falls within Exemption 4 fi-om the Freedom of 

Information Act, 5 U.S.C. § 552(b)(4), which provides protection from disclosure for "trade secrets and 

commercial or financial informafion obtained fi-om a person and privileged or confidential. . . ." The requested 

information contained in Compass' Schedule B-7 satisfy all three elements required for protection under 

Exemption 4. 

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