# .~6~;JAHTMENT OF ..;',.;,~:~$PORTATJON ,;l'!lt

# rOPERATIONS BEFORE THE DEPARTMENTOFTRANSPORTATlONFIJ 

# "EP-3 PI?: 2" OFFICE OF THE SECRETARY '. - •.• WASHINGTON, D.C.

Motion of DELTA AIR LINES, INC. For Confidential Treatment Under Section 302.12 ) ) ) ) ) ) ) ) Docket OST.1995.651

MOTION OF DELTA AIR LINES, INC, TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE
Communications with respect to this document should be sent to:

Alexander Van der Bellen Managing Director Regulatory 

### & International Affairs 

# &:Associate General Counsel DELTA AIR LINES, INC. 1212 New York Avenue, N.W. Suite 200 Washington, DC 20005 (202) 842-4184 

### sascha. vanderbeflen@delta.com

August 26, 2013BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Motion of Docket OST-1995-651 DELTA AIR LINES, INC. For Confidential Treatment Under Section 302.12

MOTION OF DELTA AIR LINES, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE

Pursuant to 14 CFR 302.12, Delta Air Lines, Inc. ("Delta") hereby files this Motion to Withhold From Public Disclosure certain commercially and competitively sensttive information contained in Delta's Form 41 Schedule 

### 807, Airframe and Aircraft Engine Acquisitions and Retirements for the most recently ended quarter financial period. Delta is required to provide the confidential information contained in Schedule B-7 pursuant to Part 241 ofthe Department's Economic Regulations, 14 CFR 241. The information for which Delta 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 bystatute (other than section 552(b) of this title), provided thatsuch 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 (8) establishes particular criteria for withholding or refers to particular types of matters to be withheld; Section 40115 of Title 49 ofthe 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 inforeign airtransportation." The Department has previously found that the aircraft data reported on Form 41 Schedule 8.7 for which Delta herein seeks confidential treatment would produce the harm specified in Section 40115.1 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 carriers 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 avis itsforeign competitors. Therefore, the release of aircraft inventory cost data reported on United's Form 41 Schedule B-7
.. , ,and Schedule 8-43
... ,would produce the harm specified in Section 1104, Consequently this information will be withheld from disclosure under Exemption 3 of FOIA and Section 1104 ofthe Act. Like United, Delta 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. Itwould be damaging to Delta to require itto divulge to its non.reporting foreign flag competitors the fruits of its competitive efforts with aircraft manufa.cturers to secure the best
See !1Jl., Letterof Office ofAirline Statisticsgranting Motionof UnitedAirlines, Inc., dated December 29, 1993 (Docket 48726). The Department also granted confidentialtreatment to Schedules B.7 ofAmerican (byletterdated November 1, 1993, Docket48800) and Delta(byletterdatedMarch 29, 1993, Docket48649).



### 2possible purchase price.2 The Department, when deciding United's confidentiality motion, granted United aten-year confidential period beginning on the date the information was required to befiled pursuant to 14 CFR 241.22(a). Delta requests similar protection with respect to its Schedule 8-7, which is being uploaded to http://esubmit.rita.dot.gov, in accordance with the Department's Final Rule on Submitting Airline Data via the Internet. WHEREFORE, Delta requests that the Department, pursuant to 14 CFR 302.12 and 5 U.S.C. !l552(b)(3) and (4), withhold from public disclosure the financial information contained in Delta's Form 41 Schedule 8-7 for a period of not less than ten years. Respectfully submitted,

2 Deltaalsosubmitsthatthe information soughttobewithheldfallswithin Exemption4from the Freedom of InformationAct,S U.S.C.

## S552(b)(4),which providesprotectionfrom disclosurefor"trade secrets andcommercial orfinancial information obtainedfromapersonandprivilegedorconfidential
.... " The requested information contained in Delta'sSchedule B-7satisfyallthreeelements requiredforprotection under Exemption 4.



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