BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ )

Application of )

)

EASTERN AIR LINES GROUP, INC. ) DOCKET OST

- 201 4

- 0012/13

)

for a Certificate of Public Convenience )

and Necessity ( Interstate Passenger )

Charter Service) )

_________________________________________ )

MOTION OF EASTERN AIR LINES GROUP, INC.

FOR CONFIDENTIAL TREATMENT

Communications with respect to this document should be sent to:

Edward J. Wegel

President and CEO

EASTERN AIR LINES GROUP, INC.

Building 5A, Miami Int’l Airport

Miami, FL 33142

(305) 869

- 4249

ed.wegel@easternairlines.aero Jo hn R. Mietus, Jr.

Law Office of John Mietus, LLC

6701 Democracy Blvd., Suite 300

Bethesda, MD 20817

- 7500

(202) 747

- 5212

john@mietuslaw.com

Counsel for EASTERN AIR LINES

GROUP, INC.

January 21 , 2015BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ )

Application of )

)

EASTERN AIR LINES GROUP, INC. ) DOCKET OST

- 201 4

- 0012/13

) January 2 1 , 2015

for a Certificate of Public Convenience )

and Necessi ty ( Interstate Passenger )

Charter Service) )

_________________________________________ )

MOTION OF EASTERN AIR LINES GROUP, INC.

FOR CONFIDENTIAL TREATMENT

Pursuant to Rule 12 of the Department's Rules of Practice, 14 C.F.R.

§ 302.12, Eastern Air Lines Group, Inc. respectfully moves to withhold from

public disclosure the contents of Confidential Exhibit s K

- O produced in

response to the Department’s January 12, 2015 information request and

referred to in the “Update Letter” that Eastern is fili ng simultaneously with

this motion. In accord ance with Rule 12, the exhibit s have been marked

“Confidential” and are being filed under seal.

Confidential Exhibit K contains confidential business terms relating to

the lease of Eastern’s first aircraft and explains the impact of certain future

aircraft purchases on Eastern’s current finances. Confidential Exhibits L

- N

related to warrants and options that Eastern intends to issue in the future

.

This information and these documents are not public, and their disclosure

could cause Eastern and the companies and individuals named thereinEastern

Motion

Page 2

substantial commercial harm. The Department routinely grants confidential

treatment to aircraft leases and non

- public, financing

- related documents.

See, e.g., Cargo 360, Inc. , Order 2005

- 12

- 19 at 9

- 10.

Confidential Exhibit O contains unredacted pages from public Exhibit

25 that show Eastern’s revenue forecast for its first full year of operations

and its forecast operating results, along with certain, sensitive salary and

rev enue assumptions; these were redacted in the public version. The

Department routinely grants confidential treatment to information, such as

applicants’ revenue forecasts and details of expense calculations, where

public disclosure would give competitors th e ability to readily calculate

sensitive commercial terms. See, e.g., Dynamic Airways, LLC , letter ruling of

July 29, 2010, Docket OST

- 2010

- 0058; Atlas Air, Inc. , letter ruling of

December 3, 2009, Docket OST

- 2009

- 0267

- 11.

To summarize, the information s ought to be withheld from public

disclosure meets Department precedent for nondisclosure and the standards

found in exemption (4) of the Freedom of Information Act, 5 U.S.C.

§ 552(b)(4), in that it is: (1) commercial or financial, (2) obtained from a

perso n outside the government, and (3) privileged or confidential. See Gulf &

Western Indus., Inc. v. United States , 615 F.2d 527, 529 (D.C. Cir. 1979);

National Parks and Conservation Assoc. v. Morton , 498 F.2d 765, 770 (D.C.

Cir. 1974).