### BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.
Application of GAMA CHARTERS INC. for a certificate ofpublic 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. FORRULE 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 ofpublic 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. FORRULE 12 CONFIDENTIAL TREATMENT Pursuantto Rule 12 ofthe Department's Rules ofPractice, Gama Charters Inc. ("Gama") hereby moves to withhold from public disclosure the contents ofthe Non-Exclusive Aircraft Lease Agreement ("Lease") between Gama and Delaware Global Operation, LLC ("Delaware Global") regarding the lease ofa 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'spending certificate application. In accordance with Rule 12, this document has beenmarked "Confidential" and is being filed under seal. The Lease includes sensitive commercial data protected from public disclosure under the Freedom ofInformation Act exemption for privileged or confidential commercial information. 5 U.S.C. 

### § 552(b)(4). Three elements are required for exemptionunder Section 552(b)(4): (1) the informationmustbe commercial or financial in nature, (2) the informationmustbe obtainedMOTION OF GAMA CHARTERS INC. FORRULE 12 CONFIDENTIAL TREATMENT Page2 from a person outside the government and (3) the information must be confidential orprivileged. 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 ofthe Lease are clearly commercial in nature, specifying the terms and conditions under whichthe 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 ofthe Lease
are confidential: the terms and conditions ofan aircraft lease betweentwo private parties would not normallybe subject to public disclosure. The information contained inthe Lease is commercial dataproprietaryto Gama, a nongovernmental party. Public disclosure ofthis information would allow Gama's competitors to derive an unfair commercial advantage. Inclusion ofthis data in the public docket is notrequired 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, Gamarespectfully 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 81 h day ofMarch, 2013, a copy ofthe 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 BethBabb, Manager Flight Standards District Office #63 Federal Aviation Administration Building 85-214 Bradley International Airport Windsor Locks, CT 06096

# Nao~~~- Malcolm L. Benge 

# T