BEFORE THE 

U.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

Application of: ) 

) 

Tortug'Air S.A. ) 

) Docket No. DOT-OST- 2013- lj () 0 3 

For an Exemption to Engage in Scheduled ) 

Air Transportation of Persons and Property ) 

Pursuant to 49 U.S.C. §40109 between the ) 

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 

Fort Lauderdale, 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 an Exemption to Engage in Scheduled ) 

Air Transportation of Persons and Property ) 

Pursuant to 49 U.S.C. §40109 between the ) 

U.S.A. and Haiti ) 

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

Tortug' Air S.A. ("Tortug" or "Applicant") hereby moves for confidential treatment of Exhibit 

TA-13 (Financial Information) to its Application in this Docket pursuant to Rule 12 of the Department's 

Rules of Practice (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 of Applicant's request for confidential treatment would be 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 information that, if released 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 or financial; (2) obtained from a person outside of government; and (3) privileged or 

confidential. The information for which confidentiality is requested clearly satisfies requirements one 

and two, in that it consists of commercially-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 

information that has been considered confidential by the Department in the past. 

Additionally, release of this financial information would cause substantial harm to the 

competitive position ofTortug and would impair the government's ability to collect such information in 

the future. Should this information be made public, it could permit competitors ofTortug to gain insights 

into the company, its operating plans and its funding that could be used by them to undermine its 

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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 of the Freedom of Information 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. United States, 615 F.2d 527 (D.C. Cir. 1979); 

Critical Mass Energy Project 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 of public disclosure due to 

its business-sensitive nature. The Information for which this motion requests confidential treatment is 

confidential and proprietary commercial and financial information of a private party and the public 

release of this information would cause competitive and financial injury to that party. Accordingly, the 

information should be withheld from public disclosure. 

WHEREFORE, Tortug' Air S.A. respectfully moves that the attached Exhibit TA-13, submitted 

under seal with this motion, be withheld from public disclosure for a period of ten (1 0) years, pursuant 

to Rule 12 of the Department's Rules of Practice in Proceedings. 

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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