PLANET SERVICE, INC. 

) 

) 

Docket No. OST-98-3557 

Administrative Service Provider for the Applicable ) 

Trust and Participating Teams for an exemption ) 

49 U.S.C. § 41101 ) 

MOTION FOR CONFIDENTIAL TREATMENT REQUESTED 

UNDER 14 C.F.R. § 302.12 

Communications with respect to this document should be addressed to: 

April30,2015 

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Scott M. Flicker 

Latoya Porterfield 

Paul Hastings LLP 

875 15th Street, N.W. 

Washington, DC 20005 

Phone: (202) 551-1700 

Fax: (202)55 1-1705 

Email: scottflicker@paulhastings.com 

latoyaporterfield@paulhastings.com 

Counsel for Planet Service, Inc. 
PLANET SERVICE, INC. ) Docket No. OST-98-3557 

) 

Administrative Service Provider for the Applicable ) 

Trust and Participating Teams for an exemption ) 

49 U.S.C. § 41101 ) 

MOTION FOR CONFIDENTIAL TREATMENT REQUESTED 

UNDER 14 C.F.R. § 302.12 

Pursuant to 14 C.F.R. § 302.12 ofthe Department's Rules of Practice, Planet Service, 

Inc. ("Planet Service"), as an administrative service provider for a grantor trust and certain teams 

of the National Basketball Association ("NBA"), hereby respectfully moves to withhold from 

public disclosure Exhibit 2 which Planet Service is submitting in support of its Written 

Notification Confirming an Existing Exemption, filed with the Department on April30, 2015. 

Exhibit 2, which is a draft proposed Agreement to furnish aircraft Operations Services 

("Agreement"), includes certain commercial operations, commercially-sensitive, and confidential 

business information. Planet Service notes that the Agreement is in draft form and is subject to 

change before being finalized. The information contained in this Exhibit is being submitted in 

the form of a Confidential Exhibit to Planet Service's application, which is attached hereto in a 

sealed envelope and marked in accordance with 14 C.F.R. § 302.12. 

In support thereof, Planet Service states as follows: 

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government, and (3) privileged or confidential. Gulf and Western Indus., Inc. v. United States, 

615 F.2d 527, 529 (D.C. Cir. 1979). As to the third prong of this test, the Department must 

consider whether "disclosure of the information is likely to have either of the following effects: 

(1) to impair the government's ability to obtain necessary information in the future; or (2) to 

cause substantial harm to the competitive position of the person from whom the information was 

obtained." Nat'! Parks and Conservation Assoc. v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974). 

Finally, to be privileged or confidential, the information must not be ofthe type that is usually 

released to the public. Gulf and Western Indus., Inc., 615 F.2d at 530. Planet Service's Exhibit 

meets these standards for protection. 

2. Planet Service's Exhibit includes sensitive business and financial data relevant to the 

Department's review of its Written Notification Confirming the Existing Exemption. Public 

disclosure of this information would cause substantial harm to Planet Service's competitive 

position by disclosing details of its otherwise confidential business and financial activities. Third 

parties could obtain this information and use it to undermine Planet Service's operations, thus 

causing economic harm to Planet Service. 

3. The confidential information must be obtained from a person outside of government to be 

granted confidential treatment. Planet Service is a Delaware corporation and subsidiary ofNBA 

Properties, Inc., a corporation wholly-owned by all 30 NBA teams, which meets the definition of 

"person outside of government." 

I 14 C.F.R. § 302.12. 

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for nondisclosure found in FOIA, 5 U.S.C. § 552(b )(4), in that it is (1) commercial or fmancial, 

(2) obtained from a person outside the government, and (3) privileged or confidential. See Gulf 

& Western Indus., Inc., 615 F.2d at 529 (D.C. Cir. 1979); Nat'/ Parks and Conservation Assoc., 

498 F.2d at 770. Finally, release of this financial information would impair the government's 

ability to collect such information in the future. Planet Service's sensitive business information 

should be granted confidential treatment. 

6. In sum, the Department regularly has granted requests by others to submit similar 

agreements and related documents to the Department on a confidential basis. See, e.g., Order 98-

1-27, Florida West Int'l Airways, 1998 DOT Av. LEXIS 11, at *28-31 (Jan. 26, 1998). 

Accordingly, a grant of confidential treatment in thjs case would be entirely appropriate. 

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Latoya Porterfield 

Paul Hastings LLP 

875 15th Street NW 

Washington, DC 20005 

Phone: (202) 551 -1700 Fax: (202) 551-1705 

scottflicker@paulhastings. com 

latoyaporterfield@paulhastings.com 

Counsel for Planet Service, Inc. 
Robert Criqui 

National Basketball Association 

ddenenberg@nba.com 

rcriqui@nba.com 

John P. Howitt, Esq. 

Emily DiStefano, Esq. 

Clifford Chance 

j ohn.howitt@cliffordchance.com 

emily.distefano@cliffordchance.com 

Dan Green HRG Worldwide 

dan. green@hrgworldwide.com 

Paul Gretch 

Lisa Swafford-Brooks Reather Flemmings Brett Kruger 

U.S. Department ofTransportation 

paul. gretch@dot. gov 

lisa. swaffordbrooks@dot. gov 

reather. flernmings@dot. gov 

Brett.Kruger@dot. gov Howard Kass and Bob Wirick 

Counsel for American Airlines, Inc. & 

US Airways, Inc. 

howard.kass@aa.com robert. wirick@aa. com 

Alexander Van Der Bellen 

Managing Director- Government Affairs 

and Associate General Counsel 

Delta Air Lines, Inc. 

sascha. vanderbellen@del ta. com 

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mlbenge@zsrlaw .com 

Russell E. Pommer 

Atlas Air Inc. 

rpommer@atlasair.com 

Nancy Sparks 

Bailey Leopard FedEx 

nsparks@fedex.com 

gbleopard@fedex.com 

Anita Mosner 

Je1mifer Nowak 

UPS 

anita.mosner@hklaw .com 

jennifer.nowak@hklaw.com 

Robert P. Silverberg 

Jeff Johnson 

For ABX Air 

rsilverberg@sgbdc.com 

jjohnson@sgbdc.com 

Kevin Montgomery 

Polar Air Cargo 

kevin.montgomery@polaraircargo.com 

Mark W. Atwood Frontier and Kalitta 

matwood@cozen.com 

John L. Richardson 

Joan Canny 

Amerijet 

jrichardson@johlrichardson.com j Canny@amerijet.com 

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Marshall Sinick 

For Alaska Airlines & Florida West 

rnsinick@ssd.com 

John Mietus 

For Centurion Air Cargo & Skylease 

jolm@mietuslaw.corn 

Rick Zerkel, President 

Garry White 

Jim Davis 

For: LYNDEN AIR CARGO 

rzerkel@lac.lynden.com 

gwhite@lac.lynden.com 

jdavis@lac.lynden.com 

Aaron A. Goerlich 

For Southern 

agoerlich@ggh-airlaw. corn 

Robert W. Kneisley 

Leslie C. Abbott 

Southwest Airlines 

Bob.Kneisley@wnco.corn 

Leslie.Abbott@wnco.corn 

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