BEFORE THE

DEPARTMENT OF TRANSPORTATIONi

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

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For confidential treatment of Part 241

Submissions under 14 C.F.R. § 302.12

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Docket OST-96-1637

Motion of

ALASKA AIRLINES, INe.

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, INe.

19300 International Boulevard

Seattle, Washington 98188

(206) 392-5763

Kyle B. Levine

Deputy General Counsel

ALASKA AIRLINES, INC.

19300 International Boulevard

Seattle, Washington 98188

(206) 392-5292

Counsel for

ALASKA AIRLINES, INC.

August _"I _' 2014

Page 1 of 4 - MOTION OF ALASKA AIRLINES, INC FOR CONFIDENTIAL TREATMENT OF

. PART 241 SUBMISSIONS UNDER RULE 12
BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

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Docket OST-96-1637

Motion of

ALASKA AIRLINES, INC.

For confidential treatment of Part 241

Submissions under 14 C.F.R. § 302.12

MOTION OF ALASKA AIRLINES, INC.

FOR CONFIDENTIAL TREATMENT OF

PART 241 SUBMISSIONS UNDER RULE 12

Pursuant to section 302.12 of the Department's Rules of Practice, Alaska Airlines, Inc.

("Alaska") hereby moves to withhold from public disclosure for a period of ten years certain

commercially-sensitive information contained in Schedule B-7 ("Airframe and Aircraft Engine

Acquisitions and Retirements") of its Part 241 filings for the quarter ending June 30, 2014. An

unredacted version of Schedule B-7 is filed simultaneously with this Motion marked

"Confidential Treatment Requested Under § 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 of the Department's economic regulations. The majority of

information contained in Alaska's Part 241 filings will enter the public domain, where it will be

available for inspection and copying by members of the public, including foreign and domestic

competitors of Alaska and competitors of Alaska's aircraft and engine suppliers.

Page 2 of 4 - MOTION OF ALASKA AIRLINES, INC FOR CONFIDENTIAL TREATMENT OF

PART 241 SUBMISSIONS UNDER RULE 12
2. Certain price and cost data contained in Schedule B-7 are highly sensitive and

confidentiaL More specifically. Schedule B-7 reflects the cost of commercial aircraft and

engines Alaska purchased or leased from The Boeing Company.

3. The commercially-sensitive information found in Schedule B-7 should be

withheld from public disclosure pursuant to Exemptions 3 and 4 of the Freedom of Information

Act (5 U.S.C. § 552(b)(3) and (4)) (the "FOIA") and legal authority interpreting the FOIA.

4. Under Exemption 3, information in agency records should be withheld from the

public if it is specifically exempted from disclosure by a statute, provided that the statute "(A)

requires that the matters 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 1104 of the Federal Aviation Act (49 U.S.c. § 1504)

specifically requires the Department to withhold information from production under the FOIA if

its release would "adversely effect the competitive position of any carrier in foreign air

transportation." Public release of the aircraft and engine cost data to Alaska's competitors would

have exactly this adverse effect.

5. Exemption 4 extends confidential treatment to records that are "commercial or

financial information obtained from a person and privileged or confidential." 5 U.S.C. §

552(b)(4); see also Gulf and Western Industries, Inc. v. United States, 615 F.2d 527, 529 (D.C.

Cir. 1979). These price and cost data contained in Schedule B-7 are of this nature and,

additionally, "would customarily not be released to the public by [Alaska]." See National Parks

and Conservation Association v. Morton, 498 F. 2d 765, 766 (D.C. Cir. 1974) (citing S. Rep. No.

813, 89th Cong., 1st Sess. 9 (1965)). Finally, if released under the FOIA, price and cost data

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Page 3 of 4 • MOTION OF ALASKA AIRLINES, INe. FOR CONFIDENTIAL TREATMENT OF

PART 241 SUBMISSIONS UNDER RULE 12
concerning 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 portions of the attached document for which confidential treatment has been

requested frompublic disclosure for a period often (10) years.

Respectfully submitted,

Kyle B. Levine

Deputy General Counsel

ALASKA AIRLINES, INC.

19300 International Boulevard

Seattle, Washington 98188

(206) 392-5292

August_~_, 2014

Page 4 of 4 - MOTION OF ALASKA AIRLINES, INC FOR CONFIDENTIAL TREATMENT OF

PART 241 SUBMISSIONS UNDER RULE 12