BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

APPLICATION OF: ) ) SOUTHER N AIR CHARTER CO., LTD ) Docket DOT

– OST

– 2010

– 0027 ) FOR EXEMPTION PURSUANT TO ) 49 U.S.C. §40109(c) ) ____________________________________)

MOTION FOR CONFIDENTIAL TREATMENT OF SOUTHER N AIR CHARTER CO., LTD FINANCIAL AND OTHER INFORMATION SUBMITTED IN SUPPORT OF RENEWAL OF EXEMPTION PURSUANT TO 49 U.S.C. §40109

Southern Air Charter Co.

, Ltd, hereby objects to the public disclosure of specific

information being submitted in support of its application for exemption pursuant to 49

U.S.C. §40109. Therefore, pursuant to Rule 12 of the Department’s Rules of Practice (14

C.F.R. § 302.12) Southern Air Charter Co. Ltd, respectfully moves that the below listed

documents and information contained therein be treated CONFIDENTIAL and withheld

from public disclosure.

In support of this motion Southern Air Charter Co., Ltd s ets out the following:

1. The documents being submitted that we claim should be treated as

CONFIDENTIAL and not made available to the public are:

- A ir O perator Certificate , 1 page.2 - C ertificate of Insurance

, 4 pages.

- Financial Statements and Accountants Report Year Ended October 31, 2012 and Year Ended October 31, 2013

, 9 pag es

.

- Financial Statement as of April 30, 2014, 8 pages.

An index listing the documents sought to be withheld is contained o n the last page of this

submission.

2. There exists a specific provision in the Freedom of Information Act that

exempts from di sclosure information that is or can be described as “trade secrets and

commercial or financial information obtained from a person ...” 5 U.S.C. §552(b)(4).

Information regarding authority and insurance together with t he past financial statements,

and any p rojections of revenue and expenses clearly falls within the express and intended

definition of both trade secrets and commercial and financial information that is

privileged and confidential. The disclosure of such information to the public or

competitors would be harmful to the business of this applicant.

3

. Disclosure of business relationships, past financial statements, together

with projections of revenue and expenses based upon operations in the United States

would provide those that currently compete with the applicant and any wishing to

evaluate their ability to compete all the information necessary to obtain a clear

competitive advantage in all areas of the operation. The most obvious would be pricing

of charter services . Other examples would be i nformation regarding costs and its impact

in negotiations with the same or similarly situated vendors, supplies, etc.

4. The information is not necessary or required for disclosure to the public

because the public does not make any evaluation into the fina ncial fitness of the applicant3 who wishes to conduct the proposed service. The evaluation of financial fitness is a

determination to be made by the Office of the Secretary of Transportation. Additionally

there has been no challenge by the public to the f inancial fitness of this applicant since

the filing of th e first application in January, 2010 , so no additional basis for public

disclosure is present

.

5. This motion and the confidential material is being delivered to:

Department of Transportation Dockets Management 1200 New Jersey Ave SE West Building Ground Floor, Room W12

- 140 Washington, DC 20590

If requested by a representative processing the application the documents can be

delivered by electronic transmission.

WHEREFORE, Southern Air Charter Co., Ltd., respectfully request that the

Department of Transportation grant the request that the documents identified herein be

determined to be “CONFIDENTIAL,” treated as “CONFIDENTIAL

, ” withheld from

public disclosure.

Respectfully submitted,

McDONALD, TINKER , SKAER,

QUINN & HERRINGTON, P.A. 300 W. Douglas, Suite 500 Wichita, Kansas 67202 (316) 263

- 5851 (316) 263

- 4677 fax

By :

_____________________ __________ Counsel for Southern Air Charter Co., LTD4 CERTIFICATE OF SERVICE

I hereby certify that on this _26 th _ day of February, 2015 a true and accurate copy

of the above and forgoing was served upon those required by 14 CFR §302.203(b)(2)(ii)

by electronic transmission to:

Mr. Thomas A. Gillies tgillies@southernair.com Southern Air, Inc.

With co urtesy copy to:

Aaron A. Goerlich, Esq. agoerlich@ggh

- airlaw.com Jason E. Madduz, Esq. jmaddux@ggh

- airlaw.com

____________________________5 CONFIDENTIAL TREATMENT REQUESTED UNDER §302.12

INDEX

1. Air Operator Certificate The document consists of one page.

2. Certificate of Insurance The document consists of 4 pages.

3

. Financial Statements and Accountants Report Year Ended October 31, 2012 and Year Ended October 31, 2013

. The documents consist of nine pages.

4. Financial Statement as of April 30, 2014. The documents consist of 8 pages.