### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. !r.·**~** ".? L(: L 

### In the matter ofthe cancellation ofthe Air Taxi authority issued to: DocketDOT-OST-2012-0022 VIH COUGARHELICOPTERS, INC.

MOTION OF VIH COUGARHELICOPTERS, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE 

### Communications withrespect to this document should be sentto:

David M. Nadler David Y. 

### Yang Andrew E. Smith DICKSTEIN SHAPIRO LLP 1825 Eye Street, NW Washington, DC 20006 Telephone: (202) 420-2200 Facsimile: (202) 420-2201 nadlerd@dicksteinshapiro.com yangd@dicksteinshapiro.com smitha@dicksteinshapiro.com Counsel to VIH CougarHelicopters, Inc. 

### Dated: September 21, 2012 

## "' ,, f '·'**~**

DSMDB-3099607vl

### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

In the matter ofthe cancellation ofthe Air Taxi authority issued to: 

## I I I Docket DOT-OST-2012-0022 VIH COUGAR HELICOPTERS, INC. 

## I I 

# ____________________________I
MOTION OF VIH COUGARHELICOPTERS, INC. TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE
Pursuantto Rule 12 ofthe Rules ofPractice (14 C.F.R. § 302.12) for the Department of Transportation ("Department"), VIH Cougar Helicopters, Inc. ("VIH Cougar"), by and through the undersigned counsel, hereby moves to withhold from public disclosure unredacted versions ofthe documents setforth inExhibit A (collectively, "the Documents"), which were provided to the Department in response to the Department's August 24, 2012 Request for Information in the above-captioned proceedings. 

### I. BACKGROUND AND ARGUMENT The Documents containconfidential commercial and personal informationthat is exempt from public disclosure pursuantto Exemption4 ofthe Freedom ofInformationAct ("FOIA"), 5 U.S.C. § 552, the Trade Secrets Act, 18 U.S.C. § 1905, and all other applicable statutory and regulatory prohibitions against the public disclosure ofsensitive, non-public information. Redacted, public versions ofthe Documents were filed with the Department's Docketing Office for inclusion onto DocketNo. DOT-OST-2012-0022. Exemption 4 ofFOIAprotects all matters that are "trade secrets and commercial or financial information obtained from a person and privileged or confidential." 5 U.S.C.

DSMDB-3099607vl§ 552(b)(4). To fall within the purview ofExemption4, information mustbe: 

### (1) commercial or financial in nature; (2) obtained from a person orby the Government; and (3) confidential or privileged. 

### See e.g., Watkins v. US. Bureau ofCustomsandBorder, 643 F.3d 1189, 1194 (9th Cir. 2011); 

### see also, Public Citizen Health Research Group, 704 F.2d at 1290 (D.C. Cir. 1983). In addition, the Trade Secrets Act, 18 U.S.C. § 1905, prohibits Governmentpersonnel from disclosing confidential informationunless disclosure would be allowed underFOIAExemption 4. 

### See Canadian Commercial Corp. v. Dept. of AirForce, 514 F.3d 37, 39 (D.C. Cir. 2008) (citing 

### CNA Fin. Corp. v. Donovan, 830 F.2d 1132, 1151 (D.C. Cir. 1987)). Notably, in seeking Exemption 4 protection, a person need notprove with certainty that it will suffer competitive harm bythe release ofits commercial or financial information. 

### McDonnell Douglas Corp. v. UnitedStates, 375 F.3d 1182, 1187 (D.C. Cir. 2004) (sufficient to trigger Exemption4 protection where person shows that it is likelythat competitive harm wouldresult); 

### see also General Elec. Co. v. Dep'toftheAirForce, 648 F. Supp. 2d 95, 103-04 (D.D.C. 2009) (holding that a contractor is not required to showhowexactly a competitor would use its information to gain a competitive advantage). Here, the Documents satisfy the Exemption4 requirements. Specifically, the Documents
are commercial or financial innature, they are maintained confidentially, and they are not available to the general public. 

### See Declaration ofChristopher G. Turner ("Turner Decl.")**at~** 6. Indeed, VIH Cougartakes reasonable efforts to guard against unauthorized dissemination ofthe Documents, thereby protecting their commercial value. 

### !d.**at~** 6. More specifically, the Documents contain confidential, commercial informationregarding VIH Cougar's organization, operations, capabilities, strategic alliances, suppliers, vendors, and customer base, including the terms and conditions ofthose business arrangements. 

### !d. at**~** 5. The Documents also contain

2 DSMDB-3099607vlconfidential, commercial information ofnonpartiesto these proceedings (such as Construction Helicopters, Inc. ("CHI") and Heligroup Fire, LLC ("Heligroup")) regarding the same or similar subjects and concerns. 

### !d. Accordingly, ifthe Documents were publicly disclosed, the information would allow competitors (such as Petroleum Helicopters, Inc.) insights into sensitive subjects such as the number ofaircraftthat operatedbythe companies, the capabilities ofthose aircraft, the capabilities and services provided bythe companies, the location ofany bases and facilities, the names ofthe pilots who fly for the companies and the crews which service the aircraft, the vendors that supportthe companies and the types ofservices thattheyprovide, and most importantly, the identities ofthe companies' customers, the services that are being procured, and the terms onwhichthey are beingprocured. All ofthis informationwould assist in determining where the companies operate and whatthey presently do, as well as inpredicting the industries, sectors, and/or geographic locations or markets in which they may be likely to expand. Thus, all ofthis information would be useful to competitors in pursuing current or identifyingprospective business opportunities. Underthese circumstances, the public disclosure ofthe Exhibit A Documents in their unredacted forms would give competitors access to commercially sensitive and valuable informationthat they would not otherwise have but for these proceedings - a particular concern for the affected nonparties here- and the information inequality would likely place VIH Cougar andthese nonparties at anunfair competitive disadvantage inrelation to these competitors when pursuingthe same or similarbusiness opportunities or formulating and/or executing strategic alliances and similarpursuits. 

### !d. Moreover, it is well-established that the confidential information ofnonparties (such as CHI and Heligroup) is particularly deserving ofprotection because they have no connectionto

3 DSMDB-3099607vl

### the merits orresolution ofthe proceedings. 

### See, e.g., Confederated Tribes of Siletz Indians of Oregon v. Weyerhauser Co., 340 F. Supp. 2d 1118, 1124 (D. Or. 2003) (redacting portions of trial exhibits to protect interests ofthe nonparty reflected inthose exhibits); 

### Crane Helicopter Servs., Inc. v. UnitedStates, 56 Fed. Cl. 313, 327 (Fed. Cl. 2003) (holding that sealedtrial exhibits containing trade secrets ofnonparty manufacturer would remainunder seal aftertrial to protect manufacturer's competitive advantage). Inthis case, both CHI and Heligroup are American companies, andneither is substantively connectedto the citizenship issues regarding VIH Cougar, nor are they allegedto be under any foreign influence ofcontrol themselves. Thus, because the Documentsthat regard CHI and Heligroup have no real connection to the instant proceedings, there is no public interest that would warrant their disclosure. In addition, the Documents also contain certainpersonal identifiers, such as home addresses, home phone numbers, and the names ofnon-principal, line employees. This sensitive, personal information is also confidential and its release would violate companypolicies for safeguarding the privacy interests ofemployees. Finally, because the impetus behind the Department's Rule 12 procedures is to ensure that a company's confidential commercial and personal information is protected to the maximum practicable while also ensuring that the public has adequate access to the relevant facts, it is appropriate to consider whether disclosure ofthe Documents would be central to understanding the proceedings underlying this case, particularly since nonparty confidential informationis also involved. VIH Cougar contends that it is not. The Departmenthas stated that it is most concerned with the identity ofthe principals involved inthe VIH Cougarrestructuring, and has advised that this information should be disclosed because it is needed for the public to understand any conclusions that are reached bythe Department in this matter. The redactions

4 DSMDB-3099607vl

### thatVIH Cougarhas posted onthe public docketprovide all ofthis information and, thus, properly addresses the Department's stated concerns while maintaining under seal confidential informationthatthe public does not need to see, in an effortto promote the regulatory and statutory rights ofVIH Cougar and any nonparties to have their personal and business-sensitive informationprotectedto the fullest extent ofthe law. See Zenith Radio Corp. v. Matsushita Elec. Indus. Co., 5298 F. Supp. 866, 0907-08 (E.D. Pa. 1981) (finding thatpublic's presumption of
access to commercial information designated as confidential was weak, where public's general interest inthe underlying litigation was satisfied by court's unsealing ofother documents and the protected information was commercially sensitive). 

### II. CONCLUSION Forthe foregoing reasons, the Department should grant VIH Cougar's motion and not disclose the unredacted Documents inExhibitA thathave beenprovided to the Department in response to the Department's August 24, 2012 Requests for Information.

Dated: September 21, 2012

# ::spec~ly~~

5 DavidM. Nadler

David Y. Yang Andrew E. Smith DICKSTEIN SHAPIRO LLP 1825 Eye Street, NW Washington, DC 20006 Telephone: (202) 420-2200 Facsimile: (202) 420-2201 nadlerd@dicksteinshapiro.com yangd@dicksteinshapiro.com smitha@dicksteinshapiro.com Counsel to VIHCougar Helicopters, Inc.

DSMDB-3099607vl

### CERTIFICATE OF SERVICE I certifythat I have onthis 21st day ofSeptember2012 served the foregoing uponthe persons listed below:
Susan L. Kurland Office ofthe Assistant Secretaryfor Aviation and International Affairs U.S. Department ofTransportation 1200NewJersey Avenue, SE RoomW96-495 Washington, DC 20590 Lauralyn Remo Office ofthe Assistant Secretary for Aviation and International Affairs U.S. Department ofTransportation 1200 NewJersey Avenue, SE Room W96-495 Washington, DC 20590 Jonathan Blank John Longstreth Timothy Hobbs K&L Gates LLP 1601 K StreetNW Washington, DC 20006-1600 Peter Lynch, AGC-300 Asst. ChiefCounsel for Enforcement Federal AviationAdministration 800 Independence Ave. SW Washington, DC 20591 William J. Weber Certification Section Manager FAAAFS-900 45005 Aviation Drive Suite 131 Dulles, VA 20166 Roy Hardie Aviation Safety Inspector Federal Aviation Administration 1601 Lind Avenue SW, Suite 260 Renton, W A 98057

Andrew E. Smith

6 DSMDB-3099607vlI I I - ! 

# EXHIBIT A

### EXHIBIT A INDEX OF CONFIDENTIAL INFORMATION AND DOCUMENTS TO BE WITHHELD FROM THE PUBLIC:
CONFIDENTIAL ITEM# TITLE/DESCRIPTION 1. 

### The document entitled "VIH Cougar's Response To The Department's Order OfAugust 24, 2012," which is being filed inresponse to the Department's Information Request ofAugust 24, 2012. Confidential information contained within this document is inresponse to Information RequestNo.6, 8, 12 & 

### 13. 2. 

### The document entitled "Share Purchase & 

### Sale Agreement" being filed as Tab 1.A inresponse to Information RequestNo. 

### 1. 3. 

### The document entitled "Consentto Act as Director and Officer

- Christopher G. Turner" being filed as Tab 1.E inresponse to Information RequestNo. 1. 4. 

### The document entitled "Consentto Act as Director and Officer -James R. Russell" being filed as Tab 1.F inresponse to Information RequestNo. 1. 5. 

### The document entitled "Consentto Act as Director and Officer -KennethNorie" being filed as Tab l.G in response to Information RequestNo. 1. 6. 

### The document entitled "Consentto Act as Director and Officer -MaryE. Comazzi" being filed as Tab 1.H inresponse to Information RequestNo. 1. 7. 

### The document entitled "Unanimous Shareholder Agreement" being filed as Tab 1.I inresponse to Information RequestNo. 1. 8. 

### The document entitled "Release ofLiability" being filed as Tab 1.J in response to Information RequestNo. 1. 9. 

### The document entitled "Consulting Contract" being filed at Tab 1.K inresponse to Information RequestNo. 1. 10. 

### The document entitled "LoanAgreement" being filed atTab 1.L inresponse to Information RequestNo. 1. 11. 

### The document entitled "Summary ofthe Terms ofthe Sale" being filed at Tab l.Q inresponse to Information RequestNo. 1. 12. 

### The document entitled "Affidavit ofWilliam MacDonald" being filed at Tab 10.A inresponse to Information RequestNo. 10. 13. 

### The document entitled "Employee List" being filed at Tab 9.A inresponse to Information RequestNo.9. 14. 

### The document(s) collectively entitled "Asset Acquisition Agreement with Schedule A through G" being filed at Tab 12.A

DSMDB-3099607vlinresponse to Information RequestNo. 12. 15. The document(s) collectively entitled "Aircraft Sub Lease Agreement and Amendment" being filed at Tab 12.B in response to Information RequestNo. 12. 16. The document(s) collectively entitled "VIHAerospace related Purchase Orders, Service Orders and Invoices"being filed at Tab 12.C in response to Information RequestNo. 12. 17. The document(s) collectively entitled "Invoice BetweenVIH Cougar and CHI" being filed atTab 12.D inresponse to Information RequestNo. 12. 18. The document(s) collectively entitled "VIH Helicopters Ltd. Invoices, CreditNotes and Related Amendments" being filed at Tab 12.E in response to Information RequestNo. 12. 19. The document entitled "Technical Support Order #001/11/06/2012" being filed atTab 13.A inresponse to Information RequestNo; 13. 20. The document entitled "HelicopterTechnical Support Agreement" being filed at Tab 13.B inresponse to Information RequestNo. 13. 21. The document entitled "SubcontractAgreement" being filed at Tab 13.C inresponse to Information RequestNo. 13. 22. The document entitled "SubcontractAgreement" being filed at Tab 13.D in response to Information RequestNo. 13. 23. The document entitled "Technical Support Order #001/17/07/2012" being filed at Tab 13.E inresponse to Information RequestNo. 13. 24. The document entitled "Helicopter Technical Support Agreement" being filed at Tab 13.F inresponse to Information. RequestNo. 13. 25. The document entitled "SubcontractAgreement" being filed at Tab 13.G in response to Information RequestNo. 13. 26. The document entitled "Technical Support Order #001117/07/2012" being filed at Tab 13.H inresponse to Information RequestNo. 13. 27. The document entitled "Helicopter Technical Support**Agre~ment"** being filed at Tab 13.I inresponse to Information RequestNo. 13. 28. The document(s) collectively entitled "Lease agreements related to N139WH" being filed at Tab 14.A inresponse to Information RequestNo. 14. 29. The document(s) collectively entitled "Lease agreements related to N901VH" being filed at Tab 14.B in response to Information RequestNo. 14. 30. The document(s) collectively entitled "Lease agreements related to N920VH" being filed at Tab 14.C in response to Information RequestNo. 14. 2 DSMDB-3099607vl31. The document(s) collectively entitled "Lease agreements relatedto N921VH" being filed at Tab 14.D inresponse to Information RequestNo. 14. 32. The document(s) collectively entitled "Lease agreements related to N925VH"being filed at Tab 14.E in response to Information RequestNo. 14.

3 DSMDB-3099607vl

# EXHIBIT BBEFORE THE DEPARTMENT OF TRANSl10RTATION OFFICE OFTliE SECRETARY WASHINGTON, D.C.

In the matter of the ca.m:ellation ofthe AirTaxi authority issued to: 

## I I I I Docket DOT-·OST-2012-0022 VIH COUGARHELICOPTERS, INC. 

## I

___I
I, Christopher 

### G. Turner, hereby declare as follows pursuant to 

### 28 U.S.C. 

### § 1746: 1. I am the President and Secretary of

### VIH CougarHelicopters, Inc. ("VII-I Cougm:") 

### and have served in that position since June 27, 2012. I am also the President ofConstruction Helicopters, Inc. ("CHI"), a position whichI have held since 1995. I have also been the owner ofCHJ since 1997. 

### 2. I vmrk and reside in 

### the State ofMichigan. 

### I am the primary contact for both companies for any government requests for information or investigations. I am familiar with the documents at i8sue here as well as VIH Cougar's and CHI's policies regarding the dissemination oftheir information. 

### 3. The facts stated in this declaration are based upon my personal knowledge, onmy review and familiarity with VIH Cougar and 

### CHI business records that 

### are maintained in the ordinary
course ofbusiness, and on information collected by other Vl.H Cougar and CHI employees and 

### by counsel. 

### I am competentto testify to the statements herein and would so testify 

### ifcalled to do
so. 4. I have reviewedthe documents outlined below and the information contained in VIH Cougar's Response document, which I understand, on information and belief, is being providedto the Department in connection with the above-captioned proceedings in response to certain Requests for Information that were issued by the Department ofTransportationon or about August 

### 24, 2012. I reference all ofthe documents and the information contained in VlH Cougar's Response herein collectively as "the Documents." 5. The Documents contain conf1dential, commercial information regarding VIH Cougar's organization, operations, capabilities, strategic alliances, suppliers, vendors, and customer base, including the tenns and conditions ofthose business arrangements. The Documents also contain confidential, commercial information ofnon-parties to these proceedings, such as CHI, regarding the :same or similar subjects and concerns. 6. The Documents are commercially-valuable and confidential, and some also include confidential personal information. Both VIH Cougar and CHI take reasonable steps to guard against any unauthorized dissemination ofthis inh1rmation, thereby protecting its commercial value. The release ofthis confidential, commercial information would give direct competitors of VIH Cougar and CHI (such as Petroleum Helicopters, Inc., which Iunderstand is a participant in these proceedings) access to sensitive and valuable information that they would not otherwise have but for these proceedings- a particular concern for non-parties such as CHI -and the infc•nnation inequality would likely place VIH Cougar and CHI at an unf'air competitive disadwmtage in relation to those competitors when pursuing the same or similar business opportunities orformulating and/or executing strategic alliances and similarpursuits. 7. Based on my review and understanding, a description ofthe confidential documents and infonnation is as follows:

2a. The document "Share Purchase & Sale Agreement" being filed as Tab l.A in response to Information RequestNo. 1contains confidential information. Specifl.cally, the document contains commercially sensitive contractualterms and conditions. b. The document "Consentto Act as Director and Oft1cer- Christopher G. Turner" being filed as Tab l.E in response to Information RequestNo. 1 contains confidential infonnation. Specifically, the document contains a personal home address.
c. The document "Consent to Act as Director and Officer- James R. Russell" being filed as Tab 

### LF in response to Information Request No. 

### 1contains confidential inforn1ation. Specifically, the document contains a personal home address. d. The document '<Consent to Act as Director and Officer-·Kenneth Norie" being filed as Tab 

### 1.Ginresponse to Information RequestNo. 

### 1contains confidential information. Specifically, the document contains a personal home address.
e. The document "Consent to Act as Director and Officer- Mary E. Comazzi" being flied as Tab l.H in response to Information Request No. 1contains confidential information. Specifically, the document contains a personal home address. 

### f. The document "Unanimous ShareholderAgreement" being filed as Tab 1.I in response to Information Request No. 1contains confidential information. Specifically, the document contains commercially sensitive contractual tem1s and conditions. g. The document "Release ofLiability" being filed as Tab l.J in response to Information RequestNo. 1contains confidential information. Specifically, the docmnent contains commercially sensitive contractual terms and conditions.

3h. The document "Consulting Contract" being filed at Tab l.K in response to Information Request No. 1contains confidential information. Specifically, the document contains commercially sensitive contractual terms and conditions.
r. The document "LoanAgreement" being filed at Tab l.L in response to Information Request No. 1contains confidential information. Specifically, the document contains commercially sensitive contractual terms and conditions. j. Some ofthe information in the document "Summary oftheTerms ofthe Sale" being filed atTab l.Q in response to Information RequestNo. 1 contains confidential information. Specifically, the document contains commercially sensitive contractual terms and conditions. k. Some ofthe information contained in the written Response to Information Request No. 6 is confidentiaL Specifically, the response contains commercially sensitive contractual terms and conditions. The response also contains commercially sensitive information related to a non-parties business plans, strategies and contractual agreements. I. Some ofthe information contained in the written Response to Information Request No. 8 is confidential. Specifically, the response contains commercially sensitive infonnation related. to changes in management and the strategic responsibilities ofkey personnel.
m. The document "Aff:idavit ofWilliam MacDonald" being :filed at Tab 10.A in response to Intormation Request No. 10 contains confidential information. Specifically, the affidavit contains commercially sensitive information related to changes in management and the strategic responsibilities ofkey personnel.
n. The document "Employee List" being fi1ed at Tab 9.A in response to Information Request No.9 contains confidential information. Specifically, the document contains

4confidential personal information regarding the citizenship and employment status ofVIH Cougar employees and non-party workers. The response also contains commercially sensitive infonnationrelated to valuable talent and talentretention. Furthermore, VIH Cougar has an obligation and a duty to protect sensitive information and identities ofits employees and the employees ofits non-pmiy contractors.
o. Some ofthe information contained in the written Response to Information Request No. 12 is confidential. Specif!eally, the response contains commercially sensitive comractual terms and conditions. The response also contains commercially sensitive information related to a non-parties business plans, strategies and contractual agreements. p. The document(s) "AssetAcquisition Agreement with Schedule A through G" being filed at Tab 12.Ain response to Information RequestNo. 12 contains confidential infcm1ation. Specifically, the document(s)contain commercially sensitive contractual terms and conditions. q. The documcnt(s) "Aircraft Sub Lease Agreement and Arnendment" being filed at Tab 

### 12.B in response to Information RequestNo. 12 contains confidential infonnation. Speciflca1ly, the document(s) contain commercially sensitive contractual terms and conditions of
a non-pmiy.
r. The document(s) "VIH Aerospace related Purchase Orders, Service Orders and Invoices" beingfiled at Tab :1 2.C in response to Information Request No. 12 contains confidential information. Specifically, the document(s) contain commercially sensitive business information ofa non-party related to past purchases and service.
s. The document(s) "Invoice Between VIH Cougar and CHf"' being llled at Tab l2.D in response to Infc>rmation Request No. 12 contains confidential information. Specif!cally,


### 5the document(s) contain commercially sensitive business infbrmation ofa non-party related to pastpurchases and service. t. The document(s) ''VIH Helicopters Ltd. Invoices, CreditNotes and Related Amendments" being ±!led at Tab 12.E in response to Information Request No. 12 contains confidential information. Specifically, the document(s) contain commercially sensitive business information ofa non-party related to past purchases and service orders.
u. Some ofthe information contained in the written Response to Information RequestNo. 13 is confidentiaL Specifically, the response contains commercially sensitive information related to VIH Cougar's business plans, strategies and contractual agreements.
v. The document "Technical Support Order#001111/06/2012" being filed at Tab 13.A inresponse to Information RequestNo. 13 contains confidential information. Specifically, the document contains commercially sensitive contractual terms and conditions.


### w. The document ''Helicopter Technical SupportAgreement" being filed at Tab 13.B inresponse to Information R<-;questNo. 13 contains confidential information. Speciflcally, the document contains commercially sensitive contractual tenns and conditions.
x. The document "Subcontract Agreement" being filed atTab 13.C in response to Information RequestNo. 13 contains confidential infonnation. Specifically, the document contains commercially sensitive contractual terms and conditions. y. The document "SubcontractAgreement" being filed at Tab 13.D inresponse to Infonnation RequestNo. 13 contains confidential information. Specifically, the document contains commercially sensitive contractual terms and conditions.



### 6z. The document "Technical Support Order#001/17/07/2012" being filed at Tab 13.E in response to Information RequestNo. 13 contains confidential information. Specifically, the document contains commercially sensitive contractual tenns and conditions.
aa. The document "HelicopterTechnical Support Agreement" being filed at Tab 13.F in response to Information RequestNo. 13 contains confidential infonnation. Specifically, the document eon-::ains commercially sensitive contractual terms and conditions. bb. The document ''Subcontract Agreement" being 11led atTab 13.G in response to Information Request No. 13 contains confidential information. Specifically, the document contains commercially sensitive contractual terms and conditions.
cc. The document "Technical Support Order #00l/17/07/2012" being filed at Tab 13.H in response to Information Request No. 13 contains confidential information. Specifically, the document contains eommercially sensitive contractual terms and conditions. dd. The. document "HelicopterTechnical Support Agreement'' being filed at

### l'ab 13.I in response to InfonnationRequestNo. 13 contains confidential infmmation. Specifically, the document contains commercially sensitive contractual tenns and co11clitions.
ee. The document(s) "Lease agreements related to N139'vVH" being filed at Tab 14.A in response to Infonnation RequestNo. 14 contains confidential infommtion. Specifically, the doc:ument(s) contain commercially sensitive contractual terms and conditions. ff. The document(s) "Lease agreements related to N901VH" being filed at Tab 14.B in response to InformationRequestNo. 14 contains confidential information. Specifically, the document(s) contain commercially sensitive contractual terms and conditions.

7gg. The document(s) "Lease agreements related to N920'VH" being filed atTab 14.C in r,;sponse to Information RequestNo. 1.4 contains confidential information. Specifically, the document(s) contain commercially sensitive contractual terms and conditions. hh. The document(s) "Lease agreements related to N921VH" being filed at Tab 14.D in response to Information Request No. 14 contains confidential information. Specifically, the document(s) contain commercially sensitive contractual terms and conditions.
11. The document(s) "Lease agreements related to N925VH" being filed at Tab l4.E in response to Information RequestNo. 1.4 contains confidential information. Specifically, the document(s) contain commercially sensitive contractual terms and conditions. I declare under penalty ofperjury pursuant to the laws ofthe United States ofAmerica that the foregoing is true and correct.
Executed on September 21, 20 12

Christopher G. Turner

8