Application of 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

LIBERTY HELICOPTERS, INC. 

for authority to conduct scheduled passenger operations as a 

commuter air carrier under 49 U.S.C. 41738 

Docket DOT -OST -2015-0037 

SECOND MOTION OF LIBERTY HELICOPTERS, INC. 

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE 

Communications with respect to this document should be sent to: 

Chris V ellios 

Liberty Helicopters, Inc. 

165 Western Road 

Kearny, NJ 07032 

(908) 533-9021 (phone) 

velliosc@libertyhelicopters.com 

CFO/COO 

Liberty Helicopters, Inc. 

Dated: April 30,2015 

Paul A. Lange 

Law Offices of Paul A. Lange 

80 Ferry Boulevard 

Stratford, CT 06615 

(203) 375-7724 (phone) 

(203) 375-9397 (fax) 

pal@lopal.com 

Attorney for 

Liberty Helicopters, Inc. 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

LIBERTY HELICOPTERS, INC. 

for authority to conduct scheduled passenger operations as a 

commuter air carrier under 49 U.S. C. 41738 

Docket DOT-OST-2015-0037 

SECOND MOTION OF LIBERTY HELICOPTERS, INC. 

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE 

Pursuant to section 302.12 of the Department's Rules of Practice, Liberty Helicopters, 

Inc. ("LHI") hereby moves to withhold from public disclosure Exhibits E and F to LHI's 

Supplement to the above-captioned application. These documents are being filed with this 

Motion is a sealed envelope marked "Confidential Materials - Rule 12 Treatment Requested." 

In support of this Motion, LHI submits the following: 

A. Description of Confidential Information. 

I. Exhibit E is the revised notes to a document that contains detailed information 

about the service that LHI proposes to offer, including detailed forecast expenses, load factors, 

etc. This information is financial and commercial in nature and is highly confidential. If 

disclosed, it could be used by LHI's competitors to impede LHI's plans to undertake the 

proposed air service. 
2. Exhibit F is a lease between LHI and an affiliated company detailing the terms on 

which aircraft are leased. This information is financial and commercial in nature and highly 

confidential. LHI, the affiliated company, and STA are all private companies and this lease 

contains confidential information concerning the internal workings of ST A and its affiliates, 

disclosure of which would cause substantial harm to STA and LHI. 

B. Argument 

3. All of the information that LHI seeks to withhold from public disclosure includes 

financial and/or commercial information of a privately-held company that is not otherwise made 

public. This information falls within Exemption 4 from the Freedom of Information Act, 5 

U.S.C. 552(b)(4), wh1ch provides protection from disclosure for "trade secrets and commercial 

or financial information obtained from a person and privileged or confidential ... " See Gulf & 

western Industries, Inc. v. United States, 615 F.2d 257 (D.C .. Cir. 1974); Sterling Drug, Inc. v. 

Federal Trade Commission, 450 F.2d 698 (D.C. Cir. 1971). 

4. Three elements are required for protection under Exemption 4: ( 1) the information 

must be financial or commercial in nature; (2) the information must be obtained from a person 

outside the government structure; and (3) the information must be confidential or privileged. 

Information will be deemed "confidential" if its disclosure is likely to cause substantial harm to 

the competitive position of the person reporting it to the government, or if the information is of 

the type that it would not customarily be made public by the person reporting it. 

5. LHI respectfully submits that the information described in Section A clearly 

satisfies all the elements required for protection under Exemption 4. First, the data are clearly 

financial and/or commercial in nature. Second, the data are from a person outside of the 

government structure, and were not obtained from any governmental entities. Finally, the 

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information is confidential and disclosure of such would severely harm LHI's competitive 

position. 

6. LHI has closely guarded the confidentiality of the information in question, as the 

helicopter charter and sightseeing business in the New York City metro area is highly 

competitive; thus, the likelihood of harm from the disclosure of this information is readily 

apparent. If this information were made public, LHI and its parent company Sightseeing Tours 

of America, Inc., would suffer substantial injury since its competitors would gain valuable 

insights into its finances and business plans, which would pose a threat to the continued viability 

of its existing operations. 

WHEREFORE, Liberty Helicopters, Inc., respectfully requests that Exhibits E and F to its 

Supplement that are attached hereto in a sealed envelope be held confidential by the Department 

of Transportation. 

Dated: April30, 2015 

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Respectfully submitted, 

Benjamin H. Klein 

Paul A. Lange 

Law Offices of Paul A. Lange 

80 Ferry Boulevard 

Stratford, CT 06615 

(203) 375-7724 (phone) 

(203) 375-9397 (fax) 

pal@lopal.com 

Attorneys for Liberty Helicopters, Inc. 
CERTIFICATE OF SERVICE 

I certify that on this 30 day of Apri12015, I have caused the foregoing Second Motion for 

Confidential Treatment to be served by first class mail, postage prepaid, upon the.persons shown 

in the following service list: 

George Bennett, Manager 

Dennis Kaskovich, FAA Principle Operations Inspector 

Federal Aviation Administration 

Teterboro Flight Standards District Office 

Park 80 West, Plaza One 

250 Pehle Avenue, Suite 003 

Saddle Brook, NJ 07663 

Jim Brundige 

P.O. Box 836 

East Hampton, NY 1193 7 

Anthony Ceglio 

Gabreski Airport, Administration Building #I 

Westhampton, NY 11978 

Helen Gill 

Montuak Airport 

P.O. Box 1477 

Montauk, NY 11954