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 

Docket No. 

MOTION OF LIBERTY HELICOPTERS, INC. 

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE 

Communications with respect to this document should be sent to: 

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 of Paul 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 air carrier under 49 U.S.C. 41738 

Docket No. 

MOTION OF LIBERTY HELICOPTERS, INC. 

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE 

Pursuant to section 302.12 of the Department's Rules of Practice, 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 of commuter 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 of Confidential 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 of the details of the ownership ofLHI's affiliated entities would harm the competitive 

position of LHI, and it would in no circumstances otherwise be disclosed. 
2. Exhibit I 0, Shareholder List for ST A. ST A is a privately held company and 

disclosure of this information would harm the competitive position of ST A. This is confidential 

information, that if disclosed, could cause substantial harm to 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's plans to undertake the proposed air service. 

4. Exhibit 22 contains the consolidated financial statements of LHI's parent, STA. 

STA is a private company and these financial statements contain a highly detailed picture of the 

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 of the information that LHI seeks to withhold from public disclosure includes 

financial and/or commercial information of a 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). 

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7. Three elements are required for protection under Exemption 4: (!)the information 

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" if its disclosure is likely to cause substantial harm to 

the competitive position of the person reporting it to the government, or if the information is of 

the type that it would not customarily be made public by the 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 of the 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. If this 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 

of its existing operations. 

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WHEREFORE, Liberty Helicopters, Inc., respectfully requests that Exhibits 9 (pgs. 2-4), 19, 22, 

and 23 to its Application that are attached hereto in a sealed envelope be held confidential by the 

Department of Transportation. 

Dated: February 20,2015 

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Respectfully submitted, 

Paul A. Lange 

Alison Squiccimarro 

Law Offices of Paul 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 of February 2015, I have caused the foregoing motion for 

confidential treatment to be served by first class mail, postage prepaid, upon the persons shown 

in the 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 A venue, Suite 003 

Saddle Brook, 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.