BEFORE THE U.S DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC

Application of: ) ) Tortug'Air S.A. ) ) Docket No. DOT-OST- 2013- 

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## 3 For an Exemptionto Engage in Scheduled ) Air Transportation ofPersons and Property ) Pursuant to 49 U.S.C. §40109 betweenthe ) U.S.A. and Haiti )

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 Olivier Jean President Tortug'Air S.A. Immeuble Tarimex Clercine 18 Port Au Prince, Haiti Phone: 509-2511-4613 Fax: 954-763-4240 Email: o. j ean@tortugair. com

Filed on January 3, 2013 Richard A. Asper, J.D., Chairman C.A. Southerland, President Aviation Professionals Group, Inc. 3000 NE 30th Place, Suite 107 FortLauderdale, FL 33306 Voice: (954) 763-4848 Fax: (954) 763-4240 Email: ca@aviation-professionals.com ricka@aviation-professionals.com Representatives for Tortug'Air S.A.BEFORE THE U.S DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC

Application of: ) ) Tortug'Air S.A. ) ) Docket No. DOT-OST- 2013-

__ _ For anExemptionto Engage in Scheduled ) Air Transportation ofPersons and Property ) Pursuant to 49 U.S.C. §40109 betweenthe ) U.S.A. and Haiti )

MOTION FOR CONFIDENTIAL TREATMENTPURSUANT TO RULE 12 Tortug'Air S.A. ("Tortug" or "Applicant") hereby moves for confidential treatment ofExhibit TA-13 (Financial Information) to its Application in this Docket pursuant to Rule 12 ofthe Department's Rules ofPractice (14 C.P.R. § 302.12). The confidential information has been filed under seal and with the marking "Confidential Treatment Requested Under 14 C.P.R.§ 302.12", as provided in 14 C.P.R. §302.12. Approval ofApplicant's request for confidential treatment wouldbe consistent with the Department's Rules, its precedents and the Freedom oflnformation Act (5 U.S.C. 552(b)(4). The filing contains commercially sensitive informationthat, ifreleased publicly, could cause substantial competitive harm to Tortug. This information would not otherwise be disclosed to the public by Tortug. To be withheld from public disclosure under Rule 12, documents must contain information that is (1) commercial orfinancial; (2) obtained from a person outside ofgovernment; and (3) privileged or confidential. The information for which confidentiality is requested clearly satisfies requirements one and two, inthat it consists ofcommercially-sensitive and confidential information ofTortug that was obtained directly from Tortug. It also clearly satisfies the third requirement as well, as this is the type of informationthat has been considered confidentialby the Department inthe past. Additionally, release ofthis financial informationwould cause substantial harm to the competitive position ofTortug and would impair the government's ability to collect such information in the future. Shouldthis informationbe made public, it couldpermit competitors ofTortugto gain insights into the company, its operating plans and its funding that could be used by themto undermine its
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### l l service, resulting in great economic harm to Tortug, its investors and competition. Furthermore, the information may properly be withheld from public disclosure under Exemption 4 ofthe Freedom ofInformation Act, 5 U.S.C. 

### § 552(b)( 4), which permits protection from disclosure for "trade secrets and commercial or financial information obtained from a person and privileged or confidential." See, e.g., 

### Gulf & 

### Western Industries, Inc. v. UnitedStates, 615 F.2d 527 (D.C. Cir. 1979); 

### CriticalMass EnergyProject v. NRC, 975 F.2d 871 (D.C. Cir.1992). The Freedom oflnformation Act, 5 U.S.C. § 552(b)( 4), provides that privileged or confidential commercial and financial information obtained from a private person is specifically exempt from the requirements ofpublic disclosure due to its business-sensitive nature. The Informationfor which this motionrequests confidential treatment is confidential and proprietary commercial and financial information ofa privateparty andthe public release ofthis information would cause competitive and financial injury to that party. Accordingly, the information shouldbe withheld from public disclosure. WHEREFORE, Tortug'Air S.A. respectfully moves that the attached Exhibit TA-13, submitted under seal withthis motion, be withheld from public disclosure for a period often (10) years, pursuant to Rule 12 ofthe Department's Rules ofPractice inProceedings.

Date: January 3, 2013 Respectfully submitted,
Aviation Professionals Group, Inc., for TOR TUG'AIR S.A.

# By:~· C.A.Sotltherland, President
Voice: (954) 763-4848 Email: ca@aviation-professionals.com

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