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, 2014
2

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 (“Compass”) 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 protection from disclosure for business 
3

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 disclosure 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 information 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 confidential 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 confidential by the Department.

Dated: October 9, 2014 Respectfully Submitted,

_______________________

Lisa A. Harig

Counsel for Compass Airlines, LLC