u.s. Department of 

Transportation 

Office of the Secretary 

of Transportation 

May 20, 2010 

Mr. Joel T. Johnson 

President, Gulf Coast Airways, Inc. 

526 Terminal Drive 

Naples Municipal Airport 

Naples, Florida 34104 

Re: Docket DOT-OST-2009-0249 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Application of Gulf Coast Airways, Inc., for Authority to Conduct Scheduled Operations as a 

Commuter Air CatTier 

Dear Mr. Johnson 

On October 5, 2009, Gulf Coast Airways, Inc. ("GCA"), filed an application in Docket 

DOT -OST -2009-0249 for authority to conduct scheduled passenger operations as a commuter air 

catTier. On April 27, 2010, GCA filed a motion under section 302.12 (Rule 12) of the 

Department's regulations requesting confidential treatment of personal financial information and 

financial forecast related to the air caniers application. In. support of its request, GCA states that 

these documents are (1) commercial or financial in nature, (2) obtained from a person outside the 

govemment, and (3) privileged or confidential in nature. 

Specifically, GCA requests that the Department withhold the following information 

Exhibit 1 - Letter of authorization from Martha Lawson 

Exhibit 2 - Third Party Verification of Funds from Morgan Stanley 

Exhibit 3 - Morgan Stanley financial statement 

Exhibit 4 - Personal Financial Statement of Joel T. and Martha Johnson 

Exhibit 5 - Projected Profit / Loss Statement of intended route 

Rule 12 instructs us to evaluate requests for confidential treatment in accordance with the 

standat'ds of disclosure found in the Freedom of Information Act (5 U.S.c. section 552). 

Information may be withheld from disclosure under 5 U.S.C. 552(b)(4) if it is (1) commercial or 

financial, (2) obtained from a person outside of govemment, and (3) privileged or confidential 

(Gulf and Western Industries Inc. v. United States, 615F.2d 527, 529 (D.C.Cir 1979)). 

There is no question that the information for which confidential treatment is sought is financial 

or commercial in nature and that is was obtained from a person outside the govemment. The 

remaining question is whether the remaining information is privileged and confidential -whether 

"disclosure of the information is likely to have either of the following effects: (1) impair the 
Government's ability to obtain necessary information; or (2) cause substantial harm to the 

competitive position of the person from whom the information was obtained" (See National 

Parks and Conservation Association v. Morton, 498 F.2d 765,770 (D.C. Cir. 19740)). Further, 

to be privileged or confidential, the information must not be the type that is usually released to 

the public (See Gulf and Western Industries, Inc. v. United States, 615 F.2d 527, 530 (D.C. Cir 

1979)). 

We have reviewed the material submitted and have decided to grant confidential treatment to 

some, but not all, of the information for which such treatment is sought. 

With respect to Exhibit 1, this information is not required in the Department's fitness evaluation 

of GCA. Therefore, it is granted confidential treatment. Regarding Exhibit 2, on April 27, 2010, 

GCA filed a separate motion providing clarification to this exhibit. Confidential treatment is 

denied to Exhibit 2. It is not our practice to withhold from public disclosure an applicant's 

CUlTent financial statement. Moreover, since GCA is relying on the financial support of 

Ms. Lawson's and Mr. Johnson's personal funds, the financial information verified in this exhibit 

is germane to the Department's fitness appraisal of GCA. In regard to Exhibit 3, we will 

pattially grant confidentiality, solely to the account number. As mentioned above, it is not our 

practice to withhold from public disclosure an applicant's CUll'ent financial statement. In regard 

to Exhibit 4, confidential treatment is granted because this information is not required in the 

Department's fitness evaluation. Regarding Exhibit 5, on May 5, 2010, GCA filed a Motion 

requesting the Department not withhold the infolTllation in Exhibit 5, rendering the request for 

confidential treatment moot. 

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 of 

receipt of this letter, the applicant files with this office a petition of reconsideration or a written 

statement in good faith of its intent to seek judicial review of this decision. Please inform us if 

GCA wishes to pursue either option. If reconsideration or judicial review of this decision is not 

sought, GCA should immediately resubmit to the appropriate docket, the redacted exhibits and 

those which confidentiality has been denied, for placement on the public record. 

In the meantime, as is the Department's practice, further processing of your application will be 

deferred pending receipt of this material. Thank you for your cooperation in this matter. If you 

have any questions regarding this letter or the requested information, please feel free to contact 

Katy O'Toole of my staff at (202) 366-9998 or via email at Catherine.O'Toole@dot.gov. 

Sincerely, 

--'<v-ai~~~~~ 

Acting Chief, Air Carrier Fitness Division 

Office of Aviation Analysis 

cc: Docket DOT-OST-2009-0249 

Mr. Felix Molina, POI for Gulf Coast Airways, Inc.