U.S. Department of Transportation Office ofthe Secretary OfTransportation

October 1, 2012
Mr. RobertE. Cohn Mr. Patrick R. Rizzi 

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Counsel for Rhoades Aviation, Inc. d/b/a Transair Hogan Lovells US LLP 555 Thirteenth Street, N.W. Washington, DC 20004

Re: DocketDOT-OST-2011-0216

DearMessrs. Cohn and Rizzi: 1200 NewJerseyAve., S.E. Washington, DC 20590

By letter dated August 23, 2012, the Department issued its ruling on the request of Rhoades Aviation, Inc. d/b/a Transair ("Rhoades"), for confidential treatment ofvarious documents filed in support ofits application for certificate authority. · Under Rule 12, a Departmentruling on motions for confidential treatment will not take effect if, within five business days after issuance, the person requesting confidential treatment files a petition for reconsideration of that decision, or files a statement that he or she in good faith intends to seekjudicial review ofthe decision. Rhoades filed such a petition for reconsideration ofour ruling on August 29, 2012. This petition was limited to our ruling on the confidentiality of certain information contained in Exhibit RDS-7, Page 1, and Exhibit RDS-7, Page 3, regarding projected net income as well as revenue and cost analysis statements for Rhoades' Boeing 737 aircraft.
On September 19, 2012, the Department issued its ruling on Rhoades' petition for reconsideration. Specifically, the Departmentpartially granted Rhoades' motion for confidential treatment of Exhibit RDS-7, Page 3. Under Rule 12, we gave Rhoades an additional five business days to file a petition for reconsideration ofthe decision or to file a statement ofintent to seekjudicial review ofthe decision. On September 21, 2012, Rhoades filed such a petitionfor reconsideration. Specifically, Rhoades asks the Department to reconsider its ruling with respect to two rows of the "Cost per Flight Miles for 12 months" section ofExhibit RDS-7, Page 3: the "Projected Annual Revenue"row and "RevenueperMile" row. Rhoades states thatpublic disclosure ofthis information could allow its projected first-year revenues to be calculated. Rhoades also points out that we granted confidential treatment to its projected revenue figures in our earlier rulings. In our ruling on August 23, 2012, we noted that "the Department typically grants confidential treatment to an applicant's projected revenues." Thus, we agree with Rhoades that the information contained in the "Projected Annual Revenue" row and "Revenue per Mile Row" of ExhibitRDS-7, Page 3, warrants confidential treatment. Itis thus granted.2

Upon reconsideration of our September 19, 2012, ruling, we have decided to grant Rhoades' request with respect to the information noted in its September 21, 2012, petition for reconsideration.
Under Rule 12, the information identified above for which confidential treatment is not granted will be released to any person requesting it unless, within 5 (business) days from the date ofthe receipt ofthis letter, the applicant files with this office a petition for reconsideration or a written statement in good faith ofits intent to seekjudicial review ofthis decision. Please inform us if Rhoades wishes to pursue either option. Ifreconsideration orjudicial review ofthis decision is not sought, Rhoades should immediately resubmit the redacted exhibits and those for which confidentialityhas been denied to the appropriate docket for placementonthe public record.

In the meantime, as is the Department's practice, further processing ofyour application will be deferred pending receipt ofthis material. Thank you for your cooperation in this matter. Ifyou have any questions regarding this letter, please feel free to contact Reese Davidson ofmy staffat (202) 366-8161 orviae-mail at Reese.Davidson@dot.gov.

Chief, Air CarrierFitness Division Office ofAviationAnalysis

cc: DocketDOT-OST-2011-0216

Ms. Mary Ballard POI for Rhoades Aviation, Inc. FAA Indianapolis FSD0-11 1201 ColumbiaRoad, Suite 101 Plainfield, IN 46168

Mr. TeimourRiahi ChiefExecutive Officer Rhoades Aviation, Inc. d/b/aTransair 100 IolanaPlace Honolulu, HI 96819