### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of LIBERTY HELICOPTERS, INC. for authority to conduct scheduled passenger operations as a commuter air carrier under 49

### U.S.C. 41738 

### DocketNo.

MOTION OF LIBERTYHELICOPTERS, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE



### Communications with respect to this document should be sentto:

Chris V ellios Liberty Helicopters, Inc. 165 

### Western Road Kearny, NJ 07032 

### Phone Fax velliosc@libertyhelicopters.com CFO/COO Liberty Helicopters, Inc.

Dated: February 20, 2015 

### Paul A. Lange Law Offices ofPaul A. 

### Lange 80 

### Ferry Boulevard Stratford, CT 06615 (203) 375-7724 

### (phone) (203) 375-9397 

### (fax) pal@lopal.com Attorney for Liberty Helicopters, Inc.Application of BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

LIBERTY HELICOPTERS, INC. for authority to conduct scheduled passenger operations as a commuter aircarrier under 49 U.S.C. 41738 DocketNo.

MOTION OF LIBERTYHELICOPTERS, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE
Pursuant to section 302.12 ofthe Department's Rules ofPractice, Liberty Helicopters, Inc. ("LHI") hereby moves to withhold from public disclosure Exhibit 9 (pgs. 2-4), Exhibit 19, Exhibit 22, and Exhibit 23 to the above-captioned application for the issuance ofcommuter air carrier authority. These documents are being filed with this Motion is a sealed envelope marked "Confidential Materials

- Rule 12 Treatment Requested." In support of this Motion, LHI submits the following: A. Description ofConfidential Information I. Exhibit 

### 2, pgs 2-4 contain ownership information regarding entities relating to LHI. These entities are private, closely-held companies and this information is not public. The disclosure ofthe details ofthe ownership ofLHI's affiliated entities would harm the competitive position ofLHI, and it would in no circumstances otherwise be disclosed.2. Exhibit I0, Shareholder List for ST A. STA is a privately held company and disclosure ofthis information would harm the competitive position ofSTA. This is confidential information, that ifdisclosed, could cause substantial harmto LHI's competitive position. 3. Exhibit 

### 1..2 contains detailed information about the service the LHI proposes to offer, including detailed forecast expenses, load factors, etc. This information is financial and commercial in nature and is highly confidential. If disclosed, it could be used by LHI's competitors to impede LHI'splans to undertake the proposed air service. 4. Exhibit 22 contains the consolidated financial statements ofLHI's parent, STA. STA is a private company and these financial statements contain a highly detailed picture ofthe entirety of STA's business (including companies other than LHI), disclosure of which would
cause substantial harm to ST A and LHI. 

### 5. Exhibit 23 contains the LHI accounts payable report. This is commercial/financial information that is highly confidential. Public disclosure would allow competitors to gain insight into the prices charged by LHI's vendors, which would severely harm LHI's competitive position. 

### B. Argument 6. All ofthe information that LHI seeks to withhold from public disclosure includes financial and/or commercial information ofa privately-held company that is not otherwise made public. This information 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
..." See Gulf& western Industries, Inc. v. United States, 615 F.2d 257 (D.C
.. Cir. 1974); Sterling Drug, Inc. v. Federal Trade Commission, 450 F.2d 698 (D.C. Cir. 1971).

27. Three elements are required for protection under Exemption4: (!)theinformation must be financial or commercial in nature; (2) the information must be obtained from a person outside the government structure; and (3) the information must be confidential or privileged. Information will be deemed "confidential" ifits disclosure is likely to cause substantial harm to the competitive position ofthe person reporting it to the government, or ifthe information is of the type that itwould not customarily bemade publicbythe person reporting it. 8. LHI respectfully submits that the information described in Section A clearly satisfies all the elements required for protection under Exemption 4. First, the data are clearly financial and/or commercial in nature. Second, the data are from a person outside of the government structure, and were not obtained from any governmental entities. Finally, the information is confidential and disclosure of such would severely harm LHI's competitive position. 9. LHI has closely guarded the confidentiality ofthe information in question, as the helicopter charter and sightseeing business in the New York City metro area is highly competitive; thus, the likelihood of harm from the disclosure of this information is readily apparent. Ifthis information were made public, LHI and its parent company Sightseeing Tours of America, Inc., would suffer substantial injury since its competitors would gain valuable insights into its finances and business plans, which would pose a threat to the continued viability ofits existing operations.

3WHEREFORE, Liberty Helicopters, Inc
., respectfully requests that Exhibits 9 (pgs. 2-4), 19, 22, and 23 to its Applicationthat are attached hereto in a sealed envelope be held confidential bythe DepartmentofTransportation.

Dated: February 20,2015

4 Respectfully submitted,

PaulA. Lange Alison Squiccimarro Law Offices ofPaul A. Lange 80 Ferry Boulevard Stratford, CT 06615 (203) 375-7724 (phone) (203) 375

-9397 (fax) pal@lopal.com Attorney for Liberty Helicopters, Inc.CERTIFICATE OF SERVICE

I certify that on this 20th day ofFebruary2015, I have caused the foregoing motion for confidentialtreatment to be served by first class mail, postageprepaid, upon the persons shown inthe following service list:
George Bennett, Manager Dennis Kaskovich, FAA Principle Operations Inspector Federal Aviation Administration Teterboro Flight Standards District Oftice Park 80 West, Plaza One 250 Pehle Avenue, Suite 003 SaddleBrook, NJ 07663 Jim Brundige P.O. Box 836 East Hampton, NY 11937 Anthony Ceglio Gabreski Airport, Administration Building# 1 Westhampton,NY 11978 Helen Gill Montuak Airport

P.O. Box 1477 Montauk, NY 11954

Paul A. Lange, Esq. Alison Squiccimarro, Esq.