BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

Application of 

T'W A Y AIR CO., LTD. 

for a foreign air carrier permit pursuant to 

) 

) 

) 

) 

) Docket No. DOT-OST-2015-

) 

49 U.S.C. § 41301 and for exemption authority 

pursuant to 49 U.S.C. § 40109 

) 

) 

(U.S.-Korea Open Skies) ) 

MOTION OF T'WA YAIR CO., LTD. 

FOR CONFIDENTIAL TREATMENT UNDER 14 C.F.R. § 302.12 

Communications with respect to this document should be addressed to: 

HyeYun Kim 

Manager 

T'way Air Co., Ltd. 

Flight Operations Support Center 

International Cargo Terminal 

21 0, Haneul-gi I, Gangseo-gu 

Seoul, Republic of Korea 157-240 

February 2, 2015 

David Heffernan 

Jawaria Gilani 

Cozen O'Connor 

The Army and Navy Building 

1627 I Street, NW 

Suite 1100 

Washington, DC 20006 

Phone: (202) 463-2537 

Phone:(202)463-2540 

Email: dheffernan@cozen.com 

Emai I: jgi lani@cozen.com 

Counsel for 

T'W A YAIR CO., LTD. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

Application of 

T'W A Y AIR CO., LTD. 

for a foreign air carrier permit pursuant to 

49 U .S.C. § 4130 I and for exemption authority 

pursuant to 49 U.S.C. § 40109 

(U.S.-Korea Open Skies) 

DATED: February 2, 2015 

) 

) 

) 

) 

) Docket No. DOT-OST-2015-

) 

) 

) 

) 

MOTION OF T'WA YAIR CO., LTD. 

FOR CONFIDENTIAL TREATMENT UNDER 14 C.F.R. § 302.12 

Pursuant to Rule 12 of the Department of Transportation· s Rules of Practice ( 14 

C.F.R. § 302.12), T'way Air Co., Ltd. ("T'way Air'') hereby requests that the Department 

withhold from public disclosure certain information contained in Exhibit A and the entire 

contents of Exhibits F and G to its Application for a Foreign Air Carrier Permit and 

Exemption. 

Exhibit A contains information regarding T' way Air's board of directors and key 

management personnel, including their residential addresses, as required under 14 C.F.R. 

§ 211.20(d). The residential addresses ofT'way Air's directors and senior management 

are of a personal nature and confidential, are not customarily released to the public, and 

are not material to the merits ofT'way Air"s application and should not be publicly 

disclosed. Exhibit F consists ofT'way Air's !inancial information (profit and loss 
Motion ofT'way Air for Confidential Treatment 

Page 2 

accounts and balance sheet) and related information. Exhibit G consists of forecasted 

traffic and tinancial results for the first full year of the proposed operations. The 

financial information included in Exhibits F and G contain confidential, proprietary and 

commercially sensitive information. Unredacted copies of Exhibits A, F and G are being 

submitted herewith under seal in an envelope labeled "Confidential Treatment Requested 

Under 14 C.F.R. § 302.12." T'way Air is submitting this information to facilitate the 

Department's processing ofT'way Air's Application for a Foreign Air Carrier Permit and 

Exemption filed concurrently with this motion for confidential treatment. A redacted 

version of Exhibit A has been tiled with T'way Air's permit and exemption application. 

In support of this request, T"way Air submits the following: 

To fncilitate the expeditious processing of its Application for a Foreign Air 

Carrier Permit and Exemption, T'way Air has submitted information required by the 

Department under 14 C.F .R. § 211.20. The financial information contained in Exhibits F 

and G to T'way Air's permit application is confidential, proprietary, and protected from 

public disclosure under various exemptions to the Freedom of Information Act ("'FOIA"), 

including 5 U.S.C. §§ 552(b)(3) and (b)(4). 

Exemption 4 protects from public disclosure information that is "( 1) commercial 

or financial, (2) obtained from a person outside the government, and (3) privileged or 

confidential." Gu(f & Weslern Indus., Inc. v. United Slales, 615 F.2d 527, 529 (D.C. Cir. 

1980) (citations omitted). The financial information contained in Exhibits F and G 

clearly satisfy this standard. The information is commercial and financial in nature. The 
Motion ofT'way Air for Confidential Treatment 

Page 3 

information was obtained from T"way Air, a privately-held corporation based in the 

Republic of Korea, which meets the definition of "person" outside of government. 

Finally, the financial information is confidential. T'way Air could suffer competitive 

harm if the information contained in Exhibits F and G were publicly disclosed. See 

Washington Post Cu. v. HHS, 690 F.2d 252, 268 (D.C. Cir. 1982) (defining the standard 

for whether a document is privi legcd or confidential). Public disclosure of such 

information could "'impair the Government's ability to obtain necessary information in 

the future or ... cause substantial harm to the competitive position of the person from 

whom the information was obtained.'" National Parks & Conservation Ass 'n v. Kleppe, 

547 F.2d 673,677-78 (D.C. Cir. 1976) (quoting National Parks & ConservationAss'n v. 

Morton. 498 F.2d 765-70 (D.C. Cir. 1974)); Burke Energy Corp. v. DOE, 583 F. Supp. 

507,510-11 (D. Kansas 1984). 

Exemption 3 protects from disclosure information specifically protected by 

another federal statute, including 49 U.S.C. § 40115. See British Airports Authority v. 

CAB, 531 F. Supp. 408,414 (D.D.C. 1982). Section 40115 states that the Department 

"shall" withhold from public disclosure, among other things, information that would 

adversely affect an air carrier's competitive position in foreign air transportation. The 

information at issue here clearly satisfies this standard. It consists of sensitive financial 

information that has not been made publicly available. If disclosed, this information 

could be used by T"way Air's competitors to their strategic advantage, and T'way Air's 

disadvantage. in making competitive decisions. 
Motion ofT'way Air for Confidential Treatment 

Page 4 

The granting ofT'way Air's motion would be consistent with Department 

precedent in other similar cases. The Department has routinely granted motions for 

conlidential treatment filed by other foreign air carriers seeking to withhold from public 

disclosure similar financial information submitted in connection with permit or 

exemption applications.l In the interest of fairness, T'way Air's financial information 

should also be granted conlidential treatment. 

WHEREFORE, for the foregoing reasons, the Department should grant T'way 

Air's motion to withhold from public disclosure the confidential, proprietary and 

commercially sensitive information that T'way Air has filed under seal, and grant such 

other and further relief as the Department deems necessary and appropriate. 

Respectfully submitted, 

~ t1~"--l, --

David Heffernan 

Jawaria Gilani 

Cozen O'Connor 

The Army and Navy Building 

1627 I Street, NW 

Suite 1100 

Washington, DC 20006 

Phone: (202) 463-2537 

Phone: (202) 463-2540 

Email: dheffeman@cozen.com 

Email: jgilani@cozen.com 

Counsellor T'WA YAIR CO., LTD. 

1 See, e.g., Application ofA:u/ Linhas At!reas Brasi/eiras S.A.for Exemption and Penni/, Order 2014-9-7, 

September 10,2014 (Docket DOT·OST-2014·0095), at2 n.2; Application ofQatar £-recwivefor 

&emption and Permit, Order 2014-8-17, August 21, 2014 (Docket DOT-OST-20 14-0041 ), at 2 n.2; 

Application ofEmpresa Publica TAME Linea Aerea Del Ecuador TAME EP for Exemption and Permit, 

Order 2013-7-8, July 10,2013 (Docket DOT-OST-2013-0085), at 1 n.3. 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date served a copy of the foregoing Motion ofT'way Air 

Co .. Ltd. for Confidential Treatment by electronic mail upon the following: 

ABX Air: 

American Airlines: 

Amerijet lnt'l: 

Atlas Air: 

Delta Air Lines: 

Federal Aviation Administration: 

Federal Express: 

I lawai ian Airlines: 

Kalitta Air: 

Polar Air Cargo: 

Southern Air: 

United Airlines: 

United Parcel Service: 

Dated: February 2, 2015 

1.1 GAL\2210-1010\1 

rsilverbergl@sgbdc.com 

howard.kass(@aa.com 

robert. wirick@aa.com 

abigail.donovan@aa.com 

jcannv@amerijet.com 

rpommer@atlasair.com 

sascha.vanderbcllcn@delta.com 

jolm.s.duncan@faa.gov 

nssparks@fedex.com 

ccfelts@fedex.com 

gbleopard@fedex.com 

jhill@coolev.com 

pcrkmann@coolev .com 

psanderlin@kalittaair.com 

kevin.montgomerv@polaraircargo.com 

agoerlich@,ggh-airlaw.com 

dan.weiss@united.com 

steve.morrissey@.united.com 

gmurphy@crowell.com 

anita.mosner@hklaw.com 

Kenneth C. Hines