BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of )

)

COMPASS AIRLINES, LLC )

) Docket No. OST

- 2014

-

_________ for amendment of authority of the )

Certificate of Public Convenience and )

Necessity issued under 49 U.S.C. )

41102 to engage in air transportation )

)

MOTION OF COMPASS AIRLINES, LLC

FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12

Communication with respect to this document should be addressed to:

David J.A. Hayes III, Esq. Lisa A. Harig

Vice President & General Counsel McBreen & Kopko

Trans States Holdings, Inc. 1501 Lee Highway, Suite 180

11495 Navaid Road Arlington, Virginia 22209

Bridgeton, Missouri 63044 (703) 247

- 5487

LHarig@mklawdc.com

Counsel for Compass Airlines, LLC

Dated: October 9, 20142 BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of )

)

COMPASS AIRLINES, LLC )

) Docket No. OST

- 2014

-

_________ for amendment of authority of the )

Certificate of Public Convenience and )

Necessity issued under 49 U.S.C. )

41102 to engage in air transportation )

)

Dated: October 9, 2014

MOTION OF COMPASS AIRLINES, LLC

FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12

Compass Airlines, LLC (“Com pass”) hereby files this Motion, pursuant to Rule 12 of the

Department’s Rules of Practice (14 C.F.R. §302.12), to withhold from public disclosure the

confidential information and exhibits contained in the above

- referenced application. A

confidential copy of these exhibits is being submitted herewith under seal and marked

“Confidential Treatment Requested Under §302.12.”

The confidential information includes non

- public financial data and projections relating

to Compass’ current and proposed operations which, if released, could cause Compass

substantial competitive harm. It incorporates private, commercial, competitively sensitive and

financial information of a type that is not normally disclosed to the public and would not in this

case be disclosed to the public by Compass . Rather, it is being provided to the Department

solely in support of its Application.

The confidential information in this case falls within Exemption 4 from the Freedom of

Information Act, 5 U.S.C. §552(b)(4), which provides protec tion from disclosure for business3 information that is “(1) commercial or financial, (2) obtained from a person outside of the

government, and (3) privileged or confidential.” Gulf & Western Industries, Inc. v. U. S. , 615

F.2d 527, 529 (D.C. Cir. 1979).

The information contained in Compass’ filing clearly meets the first two criteria and the

only question, therefore, is whether the information is privileged or confidential. Privileged and

confidential information is determined by examining “whether dis closure 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 inf ormation was obtained.” National Parks and Conservation

Association v. Morton , 498 F.2d 765, 770 (D.C. Cir. 1974). The Department has already

performed this analysis in the context of a fitness determination and decided that the release of

the kind of co nfidential information submitted by Compass would cause substantial competitive

harm to the airline. Orders 2003

- 2

- 9; 2001

- 6

- 24; 98

- 9

- 21.4 WHEREFORE, Compass respectfully requests that the confidential information

submitted herewith under seal be held co nfidential by the Department.

Dated: October 9, 2014 Respectfully Submitted,

_______________________ Lisa A. Harig

Counsel for Compass Airlines, LLC