\\DC - 042333/000001 - 5782360 v2 BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of HARRIS AIRCRAFT SERVICES, INC. For a certificate of public convenience and necessity pursuant to 49 U.S.C. § 41102 to engage in interstate scheduled air transportation of persons, property, and mail ) ) ) ) ) ) ) ) ) Docket DOT-OST-2014-0145

OPPOSITION OF AIR EXCURSIONS LLC TO MOTION OF HARRIS AIRCRAFT SERVICES, INC. FOR

RULE 12 CONFIDENTIAL TREATMENT
Communications with respect to this document should be addressed to: Kent Craford AIR EXCURSIONS LLC 1873 Shell Simmons Dr. Suite 110 Juneau, AK 99801 Robert E. Cohn Patrick R. Rizzi HOGAN LOVELLS US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 +1 202 637 4999/5659 robert.cohn@hoganlovells.com patrick.rizzi@hoganlovells.com Counsel for Air Excursions LLC

September 5, 2014\\DC - 042333/000001 - 5782360 v2 BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of HARRIS AIRCRAFT SERVICES, INC. For a certificate of public convenience and necessity pursuant to 49 U.S.C. § 41102 to engage in interstate scheduled air transportation of persons, property, and mail ) ) ) ) ) ) ) ) ) Docket DOT-OST-2014-0145

September 5, 2014

OPPOSITION OF AIR EXCURSIONS LLC TO MOTION OF HARRIS AIRCRAFT SERVICES, INC. FOR

RULE 12 CONFIDENTIAL TREATMENT
Air Excursions LLC opposes the Motion of Harris Aircraft Services, Inc. (“Harris Air”) for confidential treatment of a purported “Funds Available Letter” (Exhibit HAS-16) in support of its above-captioned application for certificate authority (“Rule 12 Motion”).

The Motion’s description of this exhibit is vague and unrevealing, but this is the type of financial fitness documentation for which the Department does not grant confidential treatment. As the Department has explained, “it is not the Department’s policy to withhold from public disclosure third-party verification of the total funds on deposit in an applicant’s name” and “[i]ndeed, it is the Department’s practice to release the third-party verification of an applicant’s total available funds, absent sensitive details such as account numbers.” Letter fromP. Thomas, DOT, to E. Zubel, Vision Air, dated January 7, 2003 (Docket DOTOST-1999-5949); see also DOT Order 1996-2-10, at 9 (“While the Department routinely requires that an applicant for certificate authority provide informationOpposition of Air Excursions Page 2

\\DC - 042333/000001 - 5782360 v2 supporting its funding plans, including lines-of-credit and verification of an individual’s ability to supply the funds committed, we do not ordinarily release to the public information detailing account numbers.” (emphasis added)).

The Exhibit for which Harris Air seeks confidential treatment is particularly relevant for public disclosure in this case because it is the sole basis upon which Harris Air claims to meet the Department’s financial fitness test for certificateauthority. See Application of Harris Air, at 10 (August 25, 2014) (Docket DOTOST-2014-0145). Yet, Harris Air wants this essential element to avoid public scrutiny. This critical information should not be withheld from public disclosure but rather placed in the public docket so that the interested public can evaluate and comment on the funds availability and amount, any conditions or durational limits attached thereto, and the bona fides of the bank, financial institution or individual making the funds available, etc. In fact, in its last application for authority (which was subsequently withdrawn and dismissed), Harris Air providedverification of available bank funds in the public docket. See Docket DOT-OST2013-0089.

This is not a matter that should be hidden from interested parties behind a curtain, and Harris Air has failed to demonstrate why it is entitled to confidentiality under the Department’s established policy and precedent. Harris Air merely intones the Department’s standard, but fails to explain why withholding the document from public scrutiny meets the Department’s standard.Opposition of Air Excursions Page 3

\\DC - 042333/000001 - 5782360 v2 Accordingly, Air Excursions LLC respectfully urges the Department to deny Harris Air’s blanket motion for confidential treatment of the entire “Funds Available Letter” (Exhibit HAS-16) and require that the Exhibit be placed in the public docket (with any legitimate redactions such as an account number, if any).
Respectfully submitted,

______________________________________ Robert E. Cohn Patrick R. Rizzi HOGAN LOVELLS US LLP 555 Thirteenth Street, NW Washington, DC 20004 +1 202 637 4999/5659 Counsel for Air Excursions LLC\\DC - 042333/000001 - 5782360 v2 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Opposition of Air Excursions has been served this 5th day of September 2014, upon each of the following addressees:
pmurphy@lopmurphy.com scott@harrisair.com hank@MTCWorld.com info@flypacificairways.com

Patrick Rizzi