BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

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

### § 302.12 ) ) ) ) ) ) ) Docket OST-96-1637

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

Please forward all communications concerning this motionto:

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

### May~,2014 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 of4 -MOTIONOFALASKAAIRLINES, INC FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDER RULE 12Motion of BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

ALASKA AIRLINES, INC. Docket OST-96-1637 For confidential treatment ofPart 241 Submissions under 14 C.F.R. § 302.12 ) ) ) ) ) ) )

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

Pursuantto section 302.12 ofthe Department's Rules ofPractice, AlaskaAirlines, Inc. ("Alaska") hereby moves to withhold from public disclosure for a period oftenyears certain commercially-sensitive information contained in Schedule B-7 ("Airframe and Aircraft Engine Acquisitions and Retirements") ofits Part 241 filings for the quarter ending March 31, 2014. An unredacted version ofSchedule B-7 is filed simultaneously withthis Motion marked "Confidential Treatment Requested Under§ 302.12." In support ofits Motion, Alaska offers the following points and authorities: 1. The data for which confidential treatment is sought is being disclosed to the Departmentpursuant to Part 241 ofthe Department's economic regulations. The majority of information contained inAlaska's Part 241 filings will enterthe public domain, where it will be available for inspection and copying by members ofthe public, including foreign and domestic competitors ofAlaska and competitors ofAlaska's aircraft and engine suppliers.

Page 2 of4 -MOTIONOFALASKAAIRLINES, INC FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDER RULE 122. Certainprice and cost data contained in Schedule B-7 are highly sensitive and confidential. More specifically, Schedule B-7 reflects the cost ofcommercial aircraft and engines Alaskapurchased 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 ofthe Freedom oflnformation 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 ifit is specifically exempted from disclosure by a statute, provided that the statute "(A) requires thatthe matters be withheld from the public in such a manner as to leave no discretion
onthe issue, or (B) establishes particular criteria for withholding, or refers to particulartypes of matters to be withheld." Section 1104 ofthe 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 effectthe competitive position ofany carrier inforeign air transportation." Public release ofthe aircraft and engine cost data to Alaska's competitors would have exactlythis 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 Gulfand 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 ofthis nature and, additionally, "would customarily not be released to the public by [Alaska]." See National Parks and ConservationAssociation v. Morton, 498 F. 2d 765, 766 (D.C. Cir. 1974) (citing S. Rep. No. 813, 89th Cong., 1st Sess. 9 (1965)). Finally, ifreleased under the FOIA, price and cost data 

### II II II II

Page 3 of4 -MOTIONOFALASKAAIRLINES, INC. FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDER RULE 12concerning Alaska's aircraft transactions have the potential "to cause substantial harm to the competitive position ofthe person from whomthe information was obtained." Id. at 770. WHEREFORE, Alaskarespectfully requests the Department ofTransportationto withhold the portions ofthe attached document for which confidential treatment has been requested from public disclosure for a period often (10) years.

May

## ~,2014 Respectfully submitted,

Deputy General Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5292

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