BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON D.C. 

Application of 

FLY DOM N.V. d/b/a JET BUDGET 

for a Foreign Air Carrier Permit 

pursuant to 49 U.S.C. § 41301 

and for an Exemption pursuant to 

49 U.S.C. §40109 

(U.S.-Netherlands Antilles) 

Docket OST-2011-

MOTION OF 

FLY DOM N.V. d/b/a JET BUDGET 

FOR CONFIDENTIAL TREATMENT 

Communications concerning this document may be served upon: 

Jonathan Epstein 

Anita M. Mosner 

Jennifer M. Nowak 

Holland & Knight LLP 

2099 Pennsylvania Avenue NW 

Suite 100 

Washington, DC 20006-6801 

Tel: (202) 955-3000 

Fax: (202) 955-5564 

ionathan.epstein@hklaw.com 

anita.mosner(S>hklaw.com 

Attorneys for 

FLY DOM N.V. 

BUDGET 

d/b/a JET 

May 27, 2011 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON D.C. 

Application of 

FLY DOM N.V. d/b/a JET BUDGET 

for a Foreign Air Carrier Permit 

pursuant to 49 U.S.C. § 41301 

and for an Exemption pursuant to 

49 U.S.C. §40109 

(U.S.-Netherlands Antilles) 

Docket OST-2011-

MOTION OF 

FLY DOM N.V. d/b/a JET BUDGET 

FOR CONFIDENTIAL TREATMENT 

FLY DOM N.V. d/b/a JET BUDGET ("JET BUDGET") has applied today in this 

Docket for an exemption and Foreign Air Carrier Permit that would enable it to engage in 

charter foreign air transportation of persons, property, and mail between the Netherlands 

Antilles and the United States to the full extent authorized by the 1998 Air Transport 

Agreement between the United States of America and the Netherlands Antilles. In 

support of its application, JET BUDGET provided the Department with detailed financial 

documents, which contain confidential, proprietary, and commercially sensitive 

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

302.12), JET BUDGET hereby moves to withhold from public disclosure certain 

information filed under seal with this Motion in this docket. 

JET BUDGET'S application includes copies of a pro forma profit and loss 

statement, pro forma balance sheet, and other sensitive financial data. See Exhibit H, 

Application of FLY DOM N.V. d/b/a JET BUDGET for an Exemption and Foreign Air 

Carrier Permit (May 27, 2011) (appended). This information is protected from public 

disclosure under various exemptions under the Freedom of Information Act (FOIA), 
FLY DOM N.V. d/b/a JET BUDGET 

Motion for Confidential Treatment 

including 5 U.S.C. §§ 552(b)(3) and (b)(4). Exemption 3 protects from disclosure 

information specifically protected by another statue, including 49 U.S.C. § 40115. See 

British Airports Authority v. CAB. 531 F. Supp. 408, 414 (D.D.C. 1982). Section 40115 

states that the Department "shall" withhold from public disclosure, among other things, 

information that would adversely affect an air carrier's competitive position in foreign air 

transportation. The information at issue here clearly satisfies this standard. The 

information deals with the amount and source of initial capitalization, and estimates of 

financial returns of the proposed services for the first full year of normal operations. If 

disclosed, this information could be used by JET BUDGET'S competitors to their 

strategic advantage, and JET BUDGET'S disadvantage, in making competitive 

decisions. Release of this information would cause substantial harm to the competitive 

position of JET BUDGET. 

Further, Exemption 4 protects from public disclosure information that is "(1) 

commercial or financial. (2) obtained from a person outside the government, and (3) 

privileged or confidential." The information submitted here under seal clearly satisfies 

this standard as well. The information is both commercial and financial in nature. They 

were obtained from a private citizen. And the documents are privileged or confidential. 

Public disclosure of such information could impair the Government's ability to obtain 

necessary information in the future or ... cause substantial harm to the competitive 

position of the person from whom the information was obtained. See Gulf and Western 

Indus.. Inc. v. United States. 615 F.2d 527, 529 (D.C. Cir. 1980). 

WHEREFORE, for the foregoing reasons, JET BUDGET respectfully requests that 

the Department grant its motion for confidential treatment and withhold from public 

disclosure the confidential, proprietary, and commercially sensitive information JET 
FLY DOM N.V. d/b/a JET BUDGET 

Motion for Confidential Treatment 

BUDGET has filed under seal. JET BUDGET further requests any different or additional 

relief that the Department may deem necessary. 

Respectfully submitted, 

Jnathan Epstein 

'Anita M. Mosner 

Jennifer M. Nowak 

Holland & Knight LLP 

2099 Penn Avenue, NW, Suite 100 

Washington, DC 20006-6801 

Phone:(202)419-2604 

Fax: (202) 955-5564 

Jonathan.epstein@hklaw.com 

anita.mosner@hklaw.com 

Attorneys for 

FLY DOM N.V. d/b/a JET BUDGET 
CERTIFICATE OF SERVICE 

I hereby certify that I have this date served the foregoing Motion for Confidential 

Treatment on the persons identified below by causing a copy to be sent by electronic 

mail. 

Kris Urs 

Deputy Assistant Secretary for Transportation Affairs 

Bureau of Economic and Business Affairs 

Department of State 

2201 C Street, NW 

Washington, D.C. 20520 

urskr@state.gov 

James R. Jelinski, Manager 

Federal Aviation Administration 

Miami International Field Office 

2895 SW, 145 Avenue, Suite 221 

Miramar, FL 33027 

iames.r.ielinski@faa.gov 

^•JJJW^ 

/Oenfiifer M. Nowak 

VMay27, 2011