BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON,D.C.

) Application of ) ) PRIV AJET LTD ) Docket OST-2011- 

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# 7 ) for an exemptionpursuant to 49 U.S.c. § 40109 ) and a foreign air carrierpermitpursuant to ) 49 U.S.c. §41301 (E.U.

- U.S.) andpursuant to ) the Department's "streamlining"procedures ) announced in the August 23,2005 Notice in ) Docket OST-2005-2228 ) )

MOTION OFPRIV AJET LTD FORCONFIDENTIAL TREATMENT

Communications with respect to this document shouldbe sent to:

March 28, 2011 Joanne W. Young DavidM. 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 exemptionpursuant to 49 U.S.c. § 40109 ) and a foreign air carrierpermit 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

Pursuantto Section 302.12 ofthe Department's Rules ofPractice, PrivaJet 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 ofits Application) and its projected traffic and financial results ofits first year ofU.S. operations (Exhibit G ofits Application). Non-redacted copies ofthese 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 ofa privately-held company that has not been made public. This information falls within Exemption4 ofthe Freedom ofInformation Act, 5 D.S.C. § 552(b)(4), which provides protection from disclosure for "trade secretsMotion ofPrivaJet 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 protectionunder Exemption 4: (1) the information must be financial orcommercial in nature; (2) the information must be obtained from a person outside the government structure; and (3) the information must be confidential orprivileged. 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 ofthe type that it would not customarily be made public bythe person reporting it. Gulf & Western Industries, Inc. v. UnitedStates, 615 F.2d 527,529 (D.C. Cir. 1974); SterlingDrug, Inc. v. Federal Trade Commission, 450 F.2d 698,709 (D.C. Cir. 1971); BurkeEnergy Corporation v. Dept. a/Energy, 583 F. Supp. 507, 510-11 (D. Kan. 1984). 4. PrivaJetbelieves this information clearly satisfies all three elements required for protection under Exemption4. First, the information is financial and/or commercial in nature. Second, the information is from aperson outside the government structure, and was not obtained from any governmental entities. Finally, the information is confidential and disclosure ofsuch information could harm PrivaJet's competitive position.Motion ofPrivaJet Airlines Confidential Treatment Page 4 of4 WHEREFORE, PrivaJet Ltd respectfully requests that the above referenced portions ofits Application for an Exemption and ForeignAir 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 PRIVAJET LTD