••• --- ' TU T A" " 

BEFORE THE V'' '--I'/^'iy'.' ^ 

DEPARTMENT OF TRANSPORTATION '^r\:r^'M^, 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. ' " /i^ " 1 A ii- Cb 

Motion of 

COMAIR, INC. 

For Confidential Treatment 

Under Section 302.12 

Docket OST-2003-14840 

MOTION OF COMAIR, INC. 

TO WITHHOLD INFORMATION 

FROM PUBLIC DISCLOSURE 

Communications with respect to this document should be sent to: 

Alexander Van der Bellen 

Managing Director Government Affairs 

& Associate General Counsel 

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Suite 200 

Washington, DC 20005 

(202)842-4184 

sascha. vanderbeHen@delta.com 

Special Counsel for 

COMAIR, INC. 

March 29, 2011 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Motion of 

COMAIR, INC. 

For Confidential Treatment 

Under Section 302.12 

Docltet OST-2003-14840 

MOTION OF COMAIR, INC. 

TO WITHHOLD INFORMATION 

FROM PUBLIC DISCLOSURE 

Pursuant to 14 CFR 302.12, Comair, Inc. ("Comair") hereby files this Motion to Withhold 

From Public Disclosure certain commercially and competitively sensitive information contained in 

Comair's Form 41 Schedules B-7, Airframe and Aircraft Engine Acquisitions and Retirements, and 

B-43, Inventory of Airframes and Aircraft Engines. Comair is required to provide the confidential 

information contained in Schedules B-7 and B-43 pursuant to Part 241 of the Department's 

Economic Regulations, 14 CFR 241. 

The information for which Comair is requesting confidential treatment falls within Exemption 

3 of the Freedom of Information Act 5 U.S.C. § 552(b)(3), which exempts from disclosure 

information required by statute to be withheld. 

Exemption 3 provides that: 

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

* * * 

(3) specifically exempted from disclosure by statute 

(other than section 552(b) of this title), provided that 
such statute (A) requires that the matters to 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 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 Schedules B-7 and B-43 for which 

Comair 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 airframes and aircraft 

engines. This lack of available aircraft cost information from foreign 

air carriers creates an environment where foreign earners 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. 

Like United, Comair 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, (t would be damaging to Comair to require it to divulge to its non-reporting foreign flag 

competitors the fruits of its competitive efforts with aircraft manufacturers to secure the best 

' Sge ea^, 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). 
' 1 

I 

possible purchase price.^ 

The Department, when deciding United's confidentiality motion, granted United a ten-year 

confidential period beginning on the date the information was required to be filed pursuant to 14 

CFR 241.22(a). Comair requests similar protection with respect to the sealed Schedules B-7 and B43 attached hereto. 

WHEREFORE, Comair 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 

both Comair's Form 41 quarterly Schedule B-7 and Comair's Form 41 annual Schedule B-43 for a 

period of not less than ten years. 

Respectfully submitted 

Special Counsel for 

COMAIR, INC. 

^ Comair also submits that the information sought to be withheld falls within Exemption 4 from the 

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

and commercial or financial information obtained from a person and privileged or confidential..." The 

requested information contained in Comair's Schedules B-7 and B-43 satisfy all three elements required for 

protection under Exemption 4.