### 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-giI, Gangseo-gu Seoul, Republic ofKorea 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 EmaiI: jgilani @ cozen.com
Counsel for 

### T'W AYAIR CO., LTD.

### BEFORE THE DEPARTMENT OFTRANSPORTATION 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. 

### § 4130I 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'WAYAIR CO., LTD. FOR CONFIDENTIAL TREATMENT UNDER 14 C.F.R. § 

### 302.12

Pursuant to Rule 12 ofthe Department ofTransportation·s Rules ofPractice ( 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 ofExhibits F and G to its Application for a Foreign Air Carrier Permit and Exemption. Exhibit A contains information regarding 

### T'way Air's board ofdirectors 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 ofa 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 lossMotion ofT'way Air for Confidential Treatment Page 2 accounts and balance sheet) and related information. Exhibit G consists offorecasted traffic and tinancial results for the first full year ofthe proposed operations. The financial information included in Exhibits F and G contain confidential, proprietary and commercially sensitive information. Unredacted copies ofExhibits 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 ofExhibit A has been tiled with T'way Air's permit and exemption application. In support ofthis request, T"way Air submits the following: To fncilitate the expeditious processing ofits 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 ofInformation 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. TheMotion 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 ofgovernment. Finally, the financial information is confidential. T'way Air could suffer competitive harm ifthe 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 privilegcd or confidential). Public disclosure ofsuch information could "'impairthe Government's ability to obtain necessary information in the future or ... cause substantial harm to the competitive position ofthe person from whom the information was obtained.'" 

### National Parks & 

### ConservationAss '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 BritishAirportsAuthority 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 ofsensitive financial information that has not been made publicly available. Ifdisclosed, 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 off airness, 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 reliefas 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'WAYAIR CO., LTD.
1 See, e.g., Application ofA:u/Linhas At!reas Brasi/eiras S.A.for Exemption and Penni/, Order2014-9-7, 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 ofthe 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:
Ilawaiian 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