Allegiant Air, LLC

OST-2008-0238 - Form 41 and Schedule T-100 Data Confidentiality

July 30, 2008

Motion to Withhold Information from Public Disclosure

Pursuant to Rule 12 of the Department's Rules of Practice, 14 CFR 302.12, Allegiant Air, LLC moves to withhold from public disclosure the contents of all of its DOT required traffic and financial reports, including its Form 41 Schedules and its T-100 Schedules, containing data for the month and calendar quarter ending June 30, 2008. In accordance with Rule 12, these Schedules are being submitted to the Department under seal marked "Confidential Treatment Requested Under 14 CFR 302.12." Allegiant requests that this information be withheld from disclosure indefinitely or until the sooner of the Department's final ruling on Alaska Airlines, Inc.'s pending motion for confidential treatment or Alaska's withdrawal of its motion. Allegiant additionally requests confidential treatment for its future monthly, quarterly and yearly Reports filed throughout the same period.

Allegiant is especially sensitive to Alaska's position because Alaska's pending motion now places Allegiant in the same awkward position vis-a-vis Alaska. Allegiant competes indirectly with Alaska in several domestic markets. In fact, Alaska is the only other carrier serving Bellingham, Washington, one of Allegiant's largest originating markets. Approval of Allegiant's motion is essential to avoid the likelihood of continuing and substantial competitive harm to its business.

Until the Department denies Alaska's motion, Allegiant should not be required to make its Reports publicly available. Alternatively, and to be very clear, Allegiant will withdraw this motion if and when Alaska withdraws its motion, which Allegiant anticipates will follow the Department's final decision denying Virgin's motion.

Public disclosure of Allegiant's commercially sensitive information is especially likely to result in substantial competitive injury to Allegiant in circumstances where Allegiant's commercial rivals, particularly Alaska, have access to Allegiant's data while Allegiant is denied access to countervailing data. This imbalance, particularly in regard to Alaska's data, is highly unfair and prejudicial to Allegiant and adverse to the public interest, as the Department recognized in the Expressjet case. The result of such prejudice is substantial competitive injury to Allegiant since Alaska is free to reverse-engineer Allegiant's publicly available data to calculate operating costs and other sensitive information while Allegiant is not permitted the same opportunity.

Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970

July 31, 2008

Answer of Northwest Airlines

Northwest hereby answers the motion of Allegiant Air. Northwest takes no position on Allegiant's motion. However, as Northwest has repeatedly stated in connection with the related Virgin America and Republic/Shuttle America Form 41 confidentiality proceedings, Northwest is very concerned the Department's Form 41 process is being compromised by meritless "rule 12" motions seeking confidential treatment of data reporting requirements that have already been settled by clear and controlling DOT precedents.

A fundamental principle underlying Form 41 reporting is that all carriers are subject to public release of their data, and thus no carrier is placed at an unfair disadvantage because its data is made public while data of competitors is withheld. The Department reaffirmed this principle both in its recent final decision denying confidential treatment to ExpressJet's "own branded" operations, as well as in the even more recent staff decisions denying confidential treatment to Virgin America, Shuttle America, and Republic Airline. More than a month after the staff action denying confidential treatment, these matters remain open on appeal. This creates an untenable situation for compliant carriers such as Northwest, which continue to report and have their Form 41 data published -- but are precluded from having equal access to the data of competitors.

Northwest urges swift and immediate final action on these outstanding and unresolved confidentially proceedings. Absent such resolution, Northwest will have no alternative but to file its own future Form 41 and T-100 schedules under rule 12, to prevent the harmful, unilateral disclosure of Northwest's confidential data.

Counsel: Northwest, Sascha Van der Bellen, 202-842-4184

OST-2008-0206 - Alaska Air - Form 41; T-100 Confidential Treatment
OST-2008-0238 - Allegiant Air - Form 41 and Schedule T-100 Data Confidentiality

January 29, 2009

Re: DOT Requesting Withdrawals of Confidentiality Motions

This letter is in response to the July 30, 2008 motion of Allegiant Air, LLC. to withhold from public disclosure all information contained in its Form 41 financial schedules and T-100 traffic submitted to the Bureau of Transportation Statistics. In your motion Allegiant requested that this data be withheld from public disclosure indefinitely or until the sooner of the Department's final ruling on Alaska Airlines, Inc.'s pending motion for confidential treatment or Alaska's withdrawal of its motion. In the motion docketed in OST-2008-0238, Allegiant noted that they would withdraw their motion if and when Alaska withdraws its motion, which Allegiant anticipates will follow the Department's final decision denying Virgin's motion.

On January 28, 2009 I affirmed the staff action denying Virgin's motion for confidential treatment of their Form 41 data. Based on this action, I have requested Alaska submit a written response verifying that its motion for confidential treatment is withdrawn. I also request Allegiant submit a written response verifying its motion for confidential treatment is withdrawn. Upon receipt of Alaska's and Allegiant's verifications, we will close out Dockets OST-2008-0206 and OST-2008-0238 respectively.

By: BTS, Steven Smith

January 29, 2009

Re: Agreement to Release Public Data as Soon as Alaska Air Does

As discussed in my recent phone call with you and consistent with Allegiant Air's DOT motion in connection with the Virgin America confidential treatment motion, Allegiant Air agrees to public release of the data it files with the DOT (Form 41, T-100, etc) as soon as Alaska Air's similar DOT data is released, but not before.

We would appreciate if you can let us know if/when this happens.

By: Allegiant, Robert Ashcroft

OST-2008-0238 - Allegiant Air - Form 41 and Schedule T-100 Data Confidentiality
OST-2005-23354 - Shuttle America - Motion to Withhold Information from Public Disclosure - Form 41
OST-2005-23355 - Republic Airline - Motion to Withhold Certain Information from Public Disclosure - Form 41, Schedule P-1(a)
OST-2008-0107 - Virgin America - Form 41 Confidentiality (Financial and Traffic)
OST-2008-0206 - Alaska Air - Form 41; T-100 Confidential Treatment

February 3, 2009

Re: BTS Statement of Publicly Available Filings

On January 28, 2009 the DOT's Bureau of Transportation Statistics denied Virgin America's request to withhold from public disclosure certain Form 41 financial, T-100 traffic, and Origin and Destination Survey data submitted to the BTS. (See Docket OST-2008-0107). On January 29, 2009 Alaska withdrew its 2008 motion requesting that its traffic, revenue, and other form 41 data be held confidential and asked that the withdrawal be made effective contemporaneously with the release of Virgin America's Form 41 data. In the July 30, 2008 motion docketed in OST-2008-0238, Allegiant noted that they would withdraw their motion if and when Alaska withdraws its motion.

On February 3, 2009 at 10:00 A.M, the DOT's Office of Airline Information in the Bureau of Transportation Statistics made publicly available Virgin America's, Alaska's, and Allegiant's Form 41 financial, T-100 traffic, and 1Q 2008 & 2Q 2008 DB1B O&D data on the DOT's Tran Stats public domain.

By: BTS, Steven Smith

OST-2008-0238 - Allegiant Air - Form 41 and Schedule T-100 Data Confidentiality
OST-2005-23354 - Shuttle America - Motion to Withhold Information from Public Disclosure - Form 41
OST-2005-23355 - Republic Airline - Motion to Withhold Certain Information from Public Disclosure - Form 41, Schedule P-1(a)
OST-2008-0107 - Virgin America - Form 41 Confidentiality (Financial and Traffic)
OST-2008-0206 - Alaska Air - Form 41; T-100 Confidential Treatment

February 3, 2009

Re: BTS Statement of Publicly Available Filings

On January 28, 2009 the DOT's Bureau of Transportation Statistics denied Virgin America's request to withhold from public disclosure certain Form 41 financial, T-100 traffic, and Origin and Destination Survey data submitted to the BTS (See Docket OST-2008-0107). On January 29, 2009 Alaska withdrew its 2008 motion requesting that its traffic, revenue, and other form 41 data be held confidential and asked that the withdrawal be made effective contemporaneously with the release of Virgin America's Form 41 data. In the July 30, 2008 motion docketed in OST-2008-0238, Allegiant noted that they would withdraw their motion if and when Alaska withdraws its motion

On February 3, 2009 at 10:00 A.M. the DOT's Office of Airline Information in the Bureau of Transportation Statistics made publicly available Virgin America's, Alaska's, and Allegiant's Form 41 financial, T-100 traffic, and IQ 2008 & 2Q 2008 DBIB O&D data on the DOT's Tran Stats public domain.

On February 5, 2009 at 10:00 A.M. the DOT's Office of Airline Information in the Bureau of Transportation Statistics made publicly available Virgin America's, Alaska's, and Allegiant's 3Q 2008 DB1B O&D data on the DOT's Tran Stats public domain.

By: BTS, Steven Smith