BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

In the Matter of: 

FORM 41, SCHEDULE B-43 INVENTORY 

AIRFRAMES AND AIRCRAFT ENGINES 

DATA REPORTING 

Docket OST-96-1640 

MOTION OF SOUTHWEST AIRLINES CO. 

TO WITHHOLD FROM PUBLIC DISCLOSURE 

Communications with respect to this document should be sent to: 

Leslie 0. Abbott 

Attorney 

SOUTHWEST AIRLINES CO. 

1901 L Street, N.W. 

Suite 640 

Washington, D.C. 20036 

(202) 263-6285 

leslie.abbott@wnco.com 

February 9, 2010 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

In the Matter of: 

FORM 41, SCHEDULE B-43 INVENTORY 

AIRFRAMES AND AIRCRAFT ENGINES 

DATA REPORTING FORM 41 

Docket OST-96-1640 

MOTION OF SOUTHWEST AIRLINES CO. 

TO WITHHOLD FROM PUBLIC DISCLOSURE 

Pursuant to Rule 12 of the Department's Rules of Practice (14 C.F.R. §302.12), 

Southwest Airlines Co. ("Southwest") hereby files this Motion to Withhold from Public 

Disclosure the information and data incorporated within the accompanying sealed 

envelope captioned Form 41, Schedule B-43 Inventory of Airframes and Aircraft 

Engines. This information and data are being reported to the Department in accordance 

with the requirements of 14 C.F.R. Part 241 with respect to calendar year 2009. 

The material for which confidentiality is sought includes Southwest's acquisition 

costs and related financial information with respect to airframes, aircraft, and aircraft 

engines. This information may properly be withheld from public disclosure under 

Exemption 4 of the Freedom of Information Act, 5 U.S.C. §552(b)(4), which permits 

protection from disclosure for "trade secrets and commercial or financial information 

obtained from a person and privileged or confidential." See, e.g., Gulf & Westem 

Industries. Inc. v. United States. 615 F.2d 527 (D.C. Cir. 1979); Critical Mass Energy 

Project V. NRC. 975 F.2d 871 (D.C. Cir. 1992). 
Three elements must be satisfied in order to protect information from public 

disclosure under 5 U.S.C. §552(b)(4). The information must be: (1) financial or 

commercial in nature, (2) obtained from a person outside the government, and (3) 

confidential or privileged. Gulf and Western Industries, supra. 615 F.2d at 529. 

Information will be deemed "confidential" if, inter alia, public disclosure is likely to cause 

substantial harm to the competitive position of the submitting party. See National Parks 

& Conservation Ass'n v. Morton. 498 F.2d 765 (D.C. Cir. 1974); Critical Mass. supra. 

975 F.2d at 879. 

The information that Southwest seeks to protect from public disclosure clearly 

satisfies these three elements. The acquisition cost and financial data being reported to 

the Department results from confidential negotiations between Southwest and 

commercial vendors of aircraft, aircraft engines, and related components. The prices 

and terms contained in the agreements are, by definition, "financial or commercial in 

nature." Moreover, because these prices and terms are established entirely through 

negotiations between Southwest and its commercial suppliers, the information is 

obtained "from a person outside the government." None of the information contained in 

the enclosed submission has been provided by any governmental agency or official. 

Finally, this information would not normally be made public by Southwest or its 

negotiating partners, as public disclosure would cause substantial competitive harm to 

Southwest. The release of such information would significantly hinder Southwest's 

efforts to negotiate favorable costs and terms from commercial vendors of airframes, 

aircraft, and aircraft engines. Confidential treatment of this commercially sensitive 

information is particularly appropriate in light of Southwest's purchase agreements with 
its vendors, which customarily contain language requiring that Southwest maintain the 

confidentiality of certain material terms, including acquisition costs. 

WHEREFORE, Southwest hereby requests that confidential treatment be given 

to all information it files with the Department under Form 41, Schedule B-43 pertaining 

to calendar year 2009 

Respectfully submitted. 

Leslie C. Abbott 

Attorney 

SOUTHWEST AIRLINES CO. 

1901 L Street, N.W. 

Suite 640 

Washington, D.C. 20036 

202-263-6285 

^ 

February 8, 2010