BEFORE THE 

U.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

RiytNT 0 r 

r 

; L I '..f'•! i'-' l •• 

Application of: 

AIR CHARTER SCOTLAND LTD. 

For an Exemption to Engage in On-demand 

Air Transportation of Persons and Property 

Pursuant to 49 U.S.C. §40109 

U.S.A.— United Kingdom 

Docket No. DOT-GST - 2012 - ^^6 ^ 

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

George McFarlane 

Managing Director 

Air Charter Scotland Ltd. 

7 Colvilles Place 

Kelvin Industrial Estate, East Kilbride 

Glasgow, Scotland G75 OPZ 

Voice:+44 (0)1357 578 161 

Fax:+44 (0)1355 590 303 

Email: georgemcfarlaneg air charte r scot land. 

Richard A. Asper, J.D., Chairman 

C.A. Southerland, President 

Aviation Professionals Group, Inc. 

3000 NE 30* Place, Suite 107 

Fort Lauderdale, FL 33306 

Voice: (954) 763-4848 

Fax: (954) 763-4240 

Email: 

co.uk ca@aviation-professionals.com 

rickaSaviation-professionals.com 

Representatives for 

AIR CHARTER SCOTLAND LTD. 

Filed on April 24, 2012 
BEFORE THE 

U.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, DC 

Application of: 

AIR CHARTER SCOTLAND LTD. 

For an Exemption to Engage in On-demand 

Air Transportation of Persons and Property 

Pursuant to 49 U.S.C. §40109 

U.S.A.— United Kingdom 

Docket No. DOT-GST - 2012 - ^^ ^ 

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

AIR CHARTER SCOTLAND LTD. ("ACSL" or "Applicant") hereby moves for confidential 

treatment of Exhibit ACSL-13 (Financial Information) to its Application in this Docket pursuant to Rule 

12 of the Department's Rules of Practice (14 C.F.R. § 302.12). The confidential information has been 

filed under seal and with the marking "Confidential Treatment Requested Under 14 C.F.R. § 302.12", as 

provided in 14 C.F.R. §302.12. Approval of Applicant's request for confidential treatment would be 

consistent with the Department's Rules, its precedents and the Freedom of Information Act (5 U.S.C. 

552(b)(4). The filing contains commercially sensitive information that, if released publicly, could cause 

substantial competitive harm to ACSL. This information would not otherwise be disclosed to the public 

by ACSL. 

To be withheld from public disclosure under Rule 12, documents must contain information that 

is (1) commercial or financial; (2) obtained Irom a person outside of government; and (3) privileged or 

confidential. The information for which confidentiality is requested clearly satisfies requirements one 

and two, in that it consists of commercially-sensitive and confidential information of ACSL that was 

obtained directly from ACSL. It also clearly satisfies the third requirement as well, as this is the type of 

information that has been considered confidential by the Department in the past. 

Additionally, release of this financial information would cause substantial harm to the 

competitive position of ACSL and would impair the government's ability to collect such information in 

the future. Should this information be made public, it could permit competitors of ACSL to gain insights 

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into the company, its operating plans and its funding that could be used by them to undermine its 

service, resulting in great economic harm to ACSL, its investors and competition. 

Furthermore, the information may properly be withheld from public disclosure under Exemption 

4 of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), which permits protection from disclosure for 

"trade secrets and commercial or financial information obtained from a person and privileged or 

confidential." See, e.g., Gulf& Western Industries, Inc. v. United States, 615 F.2d 527 (D.C. Cir. 1979); 

Critical Mass Energy Project v. NRC, 975 F.2d 871 (D.C. Cir. 1992). The Freedom of Information Act, 5 

U.S.C. § 552(b)(4), provides that privileged or confidential commercial and financial information 

obtained from a private person is specifically exempt from the requirements of public disclosure due to 

its business-sensitive nature. The Information for which this motion requests confidential treatment is 

confidential and proprietary commercial and financial information of a private party and the public 

release of this information would cause competitive and financial injury to that party. Accordingly, the 

information should be withheld from public disclosure. 

WHEREFORE, AIR CHARTER SCOTLAND LTD. respectfully moves that the attached 

Exhibit ACSL-13, submitted under seal with this motion, be withheld from public disclosure for a 

period often (10) years, pursuant to Rule 12 of the Department's Rules of Practice in Proceedings. 

Respectfully submitted. 

Aviation Professionals Group, Inc., for 

AIR CHARTER SCOTLAND LTD. 

By:_ ^ 

C.A.Southerland, President 

Voice (954) 763-4848 

Email:ca@aviation-professionals.com 

Date: April 24, 2012 

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