BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

•rARTMEMTOF 

,V'ISPORWIOM 

::-^[:TOFERATiONG 

Application of 

UNIVERSAL JET AVIATION, INC. 

for a certificate of public convenience and necessity 

under 49 U.S.C. § 41102 to engage in foreign charter 

air transportation 

Docket DOT-OST-2011-0150 

MOTION OF 

UNIVERSAL JET AVIATION, INC. 

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE 

Communications with respect to this document should be sent to: 

Michael McCauley 

President 

UNIVERSAL JET AVIATION, INC. 

Boca Raton Airport 

3700 Airport Road 

Suite 204 

Boca Raton, FL 33431 

(961) 989-0025 

Lorraine B. Hallo way 

Gerald F. Murphy 

CROWELL & MORING LLP 

1001 Pennsylvania Avenue, NW 

Washington, DC 20004-2595 

(202) 624-2500 

lhalloway@crowell.com 

gmurphv@crowell.com 

Counsel for 

Universal Jet Aviation, Inc. 

August 15,2011 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

UNIVERSAL JET AVIATION, INC. 

for a certificate of public convenience and necessity 

under 49 U.S.C. § 41102 to engage in foreign charter 

air transportation 

Docket DOT-OST-2011-0150 

MOTION OF 

UNIVERSAL JET AVIATION, INC. 

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE 

Universal Jet Aviation, Inc. ("Universal") moves, pursuant to Rule 12 of the 

Department's Rules of Practice, to withhold one confidential document from public disclosure. 

The document is being filed with this motion in a sealed envelope marked "Confidential 

Materials - Rule 12 Treatment Requested." 

In support of this Motion, Universal states as follows: 

1. The document which Universal seeks to withhold from public disclosure is 

Exhibit F to its Application, filed contemporaneously with this Motion. Exhibit F is an Aircraft 

Management Agreement between Universal and Delaware Global Operations LLC dated 

November 22,2010 (the "Agreement"). The Agreement is protected from public disclosure 

under Section 552(b)(4) of the Freedom of Information Act (5 U.S.C. § 552(b)(4)), which 

exempts from public disclosure "trade secrets and commercial or financial information obtained 

from a person and privileged or confidential." The purpose of this exemption is to protect the 
confidentiality of information which persons provide to the U.S. government, but which would 

customarily not be released to the public, and to facilitate the ability of such persons to confide in 

their government. (Burke Energy Corp. v. Department of Energv, 583 F. Supp. 507, 510 (D. 

Kansas 1984)) The Agreement for which confidentiality is sought meets all three tests in that it 

is: (1) commercial or financial in nature, (2) obtained from a person, and (3) privileged or 

confidenfial. (See, e^ . Public Citizen Health Research Group v. FDA. 704 F.2d 1280, 1290 

(D.C. Cir. 1983)) 

2. The Agreement is not made available to the public by the parties, and its public 

disclosure is not required to ftirther the public interest or to promote competition. In National 

Parks and Conservation Ass'n v. Morton. 498 F.2d (D.C. Cir. 1974), the court held that 

information is "confidential" for purposes of § 552(b)(4) if it would not customarily be released 

to the public by the person from whom it was obtained and if disclosure is likely to have either of 

the following results: "(1) to impair the Government's ability to obtain necessary information in 

the fiiture; or (2) to cause substantial harm to the competitive position of the person from whom 

the information was obtained." (498 F.2d at 770) Public disclosure of the Agreement here 

would impair the government's ability to obtain similar information on a voluntary basis from 

carrier applicants in the future. Moreover, the information includes terms and financial 

information that could be used by competitors to Universal's commercial disadvantage. 
3. The Department's "Information Packet on How to Become a Certificated Air 

Carrier" provides that confidential treatment will generally be granted for agreements of this 

type, and the Department routinely grants confidential treatment in such cases.' 

WHEREFORE, Universal requests that the amended aircraft lease submitted in a sealed 

envelope with this Motion be accorded confidential treatment under Rule 12. 

Respectfully submitted, 

CROWELL & MORING LLP 

August 15,2011 

lalloway 

Gerald F. Murphy 

lhallowav(a),crowell.com 

gmurphv@crowell .com 

Counsel for 

Universal Jet Aviation, Inc. 

' See e.g.. Order 2004-7-25 (confidential treatment granted to lease agreement for Clay Lacy's 

Boeing Business Jet); see also Order 94-2-31 (DOT does "not generally reveal confidential information about 

contracts that would not otherwise be available to outside parties")-
CERTIFICATE OF SERVICE 

I certify that I have this date served the foregoing document on the following persons in 

accordance with the Department's Rules of Practice. 

Jerry Proenza 

Principal Operations Inspector 

South Florida FSDO 

Federal Aviation Administration 

2895 SW 145th Ave 

Suite 120 

Miramar, FL 33027 

Fax:(954)641-6040 

Ken A. Day 

Airport Manager 

3701 FAU Boulevard 

Suite 205 

Boca Raton, FL 33431 

Fax:(561)391-2238 

August 15, 2011