BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

GAMA CHARTERS INC. 

for a certificate of public convenience 

and necessity under 49 U.S.C. § 41102 

to engage in interstate charter air 

transportation 

) 

) 

) 

) 

) OST -2012-0180 

) OST -2012-0181 

) 

) 

) 

______________________________ ) 

MOTION OF 

GAMA CHARTERS INC. 

FOR RULE 12 CONFIDENTIAL TREATMENT 

Communications with respect to this document should be sent to: 

Dated: March 8, 2013 

Malcolm L. Benge 

ZUCKERT, SCOUTT & RASENBERGER, 

L.L.P. 

888 Seventeenth Street, N.W. Suite 700 

Washington, D.C. 20006 

(202) 298-8660 

mlbenge@zsrlaw.com 

Attorneys for 

Gama Chmiers Inc. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

GAMA CHARTERS INC. 

for a certificate of public convenience 

and necessity under 49 U.S.C. § 41102 

to engage in interstate charter air 

transportation 

) 

) 

) 

) 

) OST -2012-0180 

) OST-2012-0181 

) 

) 

) 

______________________________ ) 

Dated: March 8, 2013 

MOTION OF 

GAMA CHARTERS INC. 

FOR RULE 12 CONFIDENTIAL TREATMENT 

Pursuant to Rule 12 of the Department's Rules of Practice, Gama Charters Inc. ("Gama") 

hereby moves to withhold from public disclosure the contents of the Non-Exclusive Aircraft 

Lease Agreement ("Lease") between Gama and Delaware Global Operation, LLC ("Delaware 

Global") regarding the lease of a Boeing Business Jet ("BBJ") from Delaware Global to Gama. 

The Lease is ten pages in length and is referred to as Exhibit GAMA-S100 in Gama's pending 

certificate application. In accordance with Rule 12, this document has been marked 

"Confidential" and is being filed under seal. 

The Lease includes sensitive commercial data protected from public disclosure under the 

Freedom of Information Act exemption for privileged or confidential commercial information. 5 

U.S.C. § 552(b)(4). Three elements are required for exemption under Section 552(b)(4): (1) the 

information must be commercial or financial in nature, (2) the information must be obtained 
MOTION OF 

GAMA CHARTERS INC. 

FOR RULE 12 CONFIDENTIAL TREATMENT 

Page2 

from a person outside the government and (3) the information must be confidential or privileged. 

Gulf & Western Industries, Inc. v. U.S., 615 F.2d 527, 529 (D.C. Cir. 1979). 

The Lease between Delaware Global and Gama satisfies the test for nondisclosure. First, 

the terms of the Lease are clearly commercial in nature, specifying the terms and conditions 

under which the BBJ aircraft owned by Delaware Global will be leased to Gama. Second, the 

Lease is being submitted by Gama, a non-governmental party. Third, the contents of the Lease 

are confidential: the terms and conditions of an aircraft lease between two private parties would 

not normally be subject to public disclosure. 

The information contained in the Lease is commercial data proprietary to Gama, a nongovernmental party. Public disclosure of this information would allow Gama's competitors to 

derive an unfair commercial advantage. Inclusion of this data in the public docket is not required 

to further the public interest. Consequently, it is protected from disclosure pursuant to 5 U.S.C. 

§ 552(b)(4). 
MOTION OF 

GAMA CHARTERS INC. 

FOR RULE 12 CONFIDENTIAL TREATMENT 

Page 3 

Based upon the foregoing reasons, Gama respectfully requests that the contents of 

Exhibit GAMA-S100 be accorded confidential treatment under Rule 12. 

Dated: March 8, 2013 

Respectfully submitted, 

ZUCKERT, SCOUTT & RASENBERGER, 

L.L.P. 

888 Seventeenth Street, N.W. Suite 700 

Washington, D.C. 20006 

(202) 298-8660 

mlbenge@zsrlaw. com 

Attorneys for 

Gama Charters Inc. 
CERTIFICATE OF SERVICE 

I hereby certify that on this 8

1

h day of March, 2013, a copy of the foregoing MOTION 

OF GAMA CHARTERS INC. FOR RULE 12 CONFIDENTIAL TREATMENT was served by 

first class mail, postage prepaid, on the parties named below: 

John Allen 

Director 

Flight Standards Service 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Room 821 

Washington, D.C. 20591 

john.allen@faa.gov 

Beth Babb, Manager 

Flight Standards District Office #63 

Federal Aviation Administration 

Building 85-214 

Bradley International Airport 

Windsor Locks, CT 06096 

Nao~~~- Malcolm L. Benge T