DY;^^C M liU^ 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

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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-7) 

.-:• 3 ' 

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 

November 4, 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-7) 

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-7, Airframe and Aircraft 

Engine Acquisitions Jind Retirements, for the quarter ended September 30, 2011, be accorded 

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

confidential treatment of the following uiformation contained in its Schedule B-7: (1) Acquired 

Cost or Capitalized Value; (2) Depreciated Cost or Amortized Value; and (3) Realization. As 

provided in § 302.12, the non-redacted document is being filed with the marking "Confidential 

Treatment Requested under § 302.12" along with a copy of this motion.' 

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

confidential commercial and financial information obtained from a private person is specifically 

Virgin America is also submitting the non-redacted version of Schedule B-7 to the Bureau of Transportation 

Statistics along with a copy of this motion. Virgin America is further providing a redacted version of the same 

report to the Bureau of Transportation Statistics, redacted to delete the information for which Virgin America is 

seeking confidential treatment herein. 
exempted from the requirements of public disclosure due to its business sensitive nature. This 

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 uiformation would cause substantial 

competitive and financial mjury to Virgin America. Accordingly, the information should be 

withheld from public disclosure. 

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

the Freedom of Information Act, 5 U.S. C. § 552(b)(4), which permits 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 Project v. NRC. 975 F.2d 871 (D.C. Cir. 1992). 

The Department has previously determined that the information contained in Schedule B7 reports submitted by Virgin America as well as other carriers would be withheld from public 

disclosure for a period of ten (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 

quarter that ended September 30, 2011. 
WHEREFORE, Virgin America Inc. respectfully moves the Department of Transportation 

to withhold the financial information contained in Virgin America's Schedule B-7 report for the 

quarter that ended September 4, 2011, filed concurrently herewith under seal, from public 

disclosure for a period of ten (10) years, pursuant to Rule 12 of the Department's Rules for 

Practice in Proceedings. 

Respectfully 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@Vu:ginAmerica.com 

Counsel for Virgin America Inc. 

November 4, 2011