BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

) 

Application of ) 

) 

PRIV AJET LTD ) Docket OST-2011- OtJ C, 7 

) 

for an exemption pursuant to 49 U.S.c. § 40109 ) 

and a foreign air carrier permit pursuant to ) 

49 U.S.c. § 41301 (E.U. - U.S.) and pursuant to ) 

the Department's "streamlining" procedures ) 

announced in the August 23,2005 Notice in ) 

Docket OST -2005-2228 ) 

) 

MOTION OF PRIV AJET LTD 

FOR CONFIDENTIAL TREATMENT 

Communications with respect to this document should be sent to: 

March 28, 2011 

Joanne W. Young 

David M. Kirstein 

Kirstein & Young, PLLC 

1750 K Street, N.W. 

Suite 200 

Washington, D.C. 20006 

(202) 331-3348 

(202) 331-3933 

Attorneys for 

PRIVAJET, LTD 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

) 

Application of ) 

) 

PRIVAJET LTD ) Docket OST-2011-

) 

for an exemption pursuant to 49 U.S.c. § 40109 ) 

and a foreign air carrier permit pursuant to ) 

49 U.S.C. § 41301 (E.D. - U.S.) and pursuant to ) 

the Department's "streamlining" procedures ) 

announced in the August 23,2005 Notice in ) 

Docket OST-2005-22228 ) 

) 

MOTION OF PRIV AJET LTD 

FOR CONFIDENTIAL TREATMENT 

Pursuant to Section 302.12 of the Department's Rules of Practice, PrivaJ et Ltd 

("PrivaJet") hereby files this Motion for Confidential Treatment relating to its 

concurrently-filed Application for an Exemption and Foreign Air Carrier Permit (the 

"Application"). In support thereof, PrivaJet shows as follows: 

1. PrivaJet seeks to withhold from public disclosure its financial statements 

(Exhibit F of its Application) and its projected traffic and financial results of its first year 

of U.S. operations (Exhibit G of its Application). Non-redacted copies of these exhibits 

are enclosed in the accompanying envelope marked in accordance with Rule 12. 

2. The information sought to be withheld from public disclosure includes 

fmancial and/or commercial information of a privately-held company that has not been 

made public. This information falls within Exemption 4 of the Freedom ofInformation 

Act, 5 D.S.C. § 552(b)( 4), which provides protection from disclosure for "trade secrets 
Motion of PrivaJet Airlines 

Confidential Treatment 

Page 3 of4 

and commercial or financial information obtained from a person and privileged or 

confidential. " 

3. Three elements are required for protection under Exemption 4: (1) 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. Gulf & Western Industries, Inc. v. United States, 615 

F.2d 527,529 (D.C. Cir. 1974); Sterling Drug, Inc. v. Federal Trade Commission, 450 

F.2d 698,709 (D.C. Cir. 1971); Burke Energy Corporation v. Dept. a/Energy, 583 F. 

Supp. 507, 510-11 (D. Kan. 1984). 

4. PrivaJet believes this information clearly satisfies all three elements 

required for protection under Exemption 4. First, the information is financial and/or 

commercial in nature. Second, the information is from a person outside the government 

structure, and was not obtained from any governmental entities. Finally, the information 

is confidential and disclosure of such information could harm PrivaJet's competitive 

position. 
Motion of PrivaJet Airlines 

Confidential Treatment 

Page 4 of4 

WHEREFORE, PrivaJet Ltd respectfully requests that the above referenced 

portions of its Application for an Exemption and Foreign Air Carrier Permit, which are 

attached hereto in a sealed envelope, be held confidential by the Department of 

Transportation. 

Respectfully submitted, 

"1 Ca'-i4"r- )///4'1.-7' ~/ I~/ 

[ ; Joanne W. Young 

David Kirstein 

Kirstein & Young, PLLC 

Suite 200 

1750 K Street, N.W. 

Washington, D.C. 20006 

Tel: (202) 331-3348 

Fax: (202) 331-3393 

Counsel for PRIV AJET LTD