BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

.: npRATiO[-:c 

Application of 

VIRGIN AMERICA INC. 

For Confidenlial Treatment of Dociunents 

Under Rule 12 of the Rules of Practice of the 

Department of Transportation, 14 C.F.R. § 302.12 

(Form 41; Schedule B-43) 

DOCKET OST-2009-0080 

MOTION OF VIRGIN AMERICA INC. FOR 

CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

Communications with respect to this document should be sent to: 

John Varley, Esq. 

Senior Vice President & 

General Counsel 

Virgin America Inc. 

555 Airport Boulevard, Suite 450 

Burlingame, CA 94010 

(650)762-7108 

(650)762-7001 (fax) 

john.varley@VirginAmerica.com 

March 30, 2011 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

VIRGIN AMERICA INC. 

For Confidential Treatment of Documents 

Under Rule 12 of the Rules of Practice of the 

Department of Transportation, 14 C.F.R. § 302.12 

(Form 41; Schedule B-43) 

DOCKET OST-2009-0080 

MOTION OF VIRGIN AMERICA INC. FOR 

CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

Pursuant to Rule 12 of the Department of Transportation's ("Department") Rules of 

Practice (14 C.F.R. § 302.12), Virgin America Inc. ("Virgin America") hereby requests that 

information contained in Virgin America's Form 41 filing, Schedule B-43, Inventory of Airframe 

and Aircraft Engines, for the year ended December 31, 2010, be accorded confidential treatment 

and be withheld from public disclosure. Virgin America requests confidential treatment of the 

following information contained in its Schedule B-43; (1) Acquired Cost or Capitalized Value; 

(2) Allowance for Depreciation or Amortization; (3) Depreciated Cost or Amortized Value; and 

(4) Estimated Residual Value. The non-redacted schedule has been submitted to the Bureau of 

Transportation Statistics in accordance with the Department's e-filing requirements.' 

The Freedom of Information Act, 5 U.S.C. § 552(b)(4), provides that privileged or 

confidenlial commercial and financial infonnation obtained from a private person is specifically 

exempted from the requirements of public disclosure due to its business sensitive nature. This 

Virgin America has submitted a non-redacted version of Schedule B-43 to the Bureau of Transportation Statistics 

Department in accordance with the e-filing requirements. This motion and a redacted version of the B-43 Schedule 

is being submitted to the Bureau of Transportation Statistics. 
information, which is the subject of this motion, details Virgin America's acquisition costs for its 

airframe and engine purchases. The public release of this inlbnnation would cause substantial 

competitive and financial injury to Virgin America. Accordingly, the infomiation should be 

withheld from public disclosure. 

This infomiation may properly be withheld from public disclosure under Exemption 4 of 

the Freedom of Information Act, 5 U.S. C. § 552(b)(4), which pemiits protection from disclosure 

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

privileged or confidential." See, e.g.. Gulf & Western Industries, Inc. v. United States, 615 F.2d 

527 (D.C. Cir. 1979); Critical Mass Energy Proiect v. NRC, 975 F.2d 871 (D.C. Cir. 1992). 

The Department has previously determined that the information contained in Schedule B43 reports submitted by Virgin America as well as other carriers would be withheld from public 

disclosure for a period often (10) years from the date on which the information was required to 

be filed. The same ruling should apply with equal validity to Virgin America's report for the 

year ended December 31, 2010. 
' t 

WHEREFORE, Virgin America Inc. respectfully moves the Department of Transportation 

to withhold the financial infomiation contained in Virgin America's Schedule B-43 report for the 

year ended December 31, 2010, from public disclosure for a period often (10) years, pursuant to 

Rule 12 of the Department's Rules for Practice in Proceedings. 

Respectfliliy submitted, 

/- John Varley, Esq. * 

Senior Vice President & 

General Counsel 

Virgin America Inc. 

555 Airport Boulevard, Suite 450 

Burlingame, CA 94010 

(650)762-7108 

(650)762-7001 (fax) 

john.varley@VirginAmerica.com 

Counsel for Virgin America Inc. 

March 30, 2011