Applicationof BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

LIBERTY HELICOPTERS,INC. for authority to conduct scheduled passengeroperations as a commuterair carrierunder 49 U.S.C. 41738 Docket DOT-OST-2015-0037

SECONDMOTION OF LIBERTY HELICOPTERS, INC. TOWITHHOLD INFORMATION FROM PUBLIC DISCLOSURE

Communications with respectto thisdocument should be sent to:

Chris Vellios Liberty Helicopters, Inc. 165 Western Road Kearny, NJ 07032 (908) 533-9021 (phone)
velliosc@li bertyhelicopt ers.com CFO/COO Liberty Helicopters, Inc.

Dated: April 30,2015 Paul A. Lange Law Offices ofPaul A. Lange 80 Ferry Boulevard Stratford, CT 06615 (203) 375-7724 (phone) (203) 375-9397 (fax) pal@l opal.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 ofthis Motion, LHI submits the following: A. Description ofConfidential 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 STA and its affiliates, disclosure ofwhich would cause substantial harm to STA and LHI. B. Argument 3. All ofthe information that LHI seeks to withhold from public disclosure includes financial and/or commercial information ofa 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" ifits disclosure is likely to cause substantial harm to the competitive position ofthe person reporting it to the government, or ifthe 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

2information is confidential and disclosure of such would severely harm LHI's competitive position. 6. LHI has closely guarded the confidentiality ofthe 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. Ifthis 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 athreat to the continued viability ofits 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 ofTransportation.

Dated: April30, 2015

3 Respectfully submitted,

Benjamin H. Klein Paul A. Lange Law Offices ofPaul 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 thatonthis 30 day ofApri12015, I have causedthe foregoing Second Motionfor Confidential Treatmentto be servedbyfirst class mail, postageprepaid, upon the.persons shown inthe following service list: George Bennett, Manager Dennis Kaskovich, FAAPrinciple Operations Inspector Federal Aviation Administration Teterboro Flight Standards DistrictOffice Park 80 West, PlazaOne 250 Pehle Avenue, Suite 003 Saddle Brook, NJ 07663 Jim Brundige P.O. Box 836 EastHampton, NY 11937 Anthony Ceglio Gabreski Airport, AdministrationBuilding

### #I Westhampton, NY 11978 Helen Gill Montuak Airport

P.O. Box 1477 Montauk,NY 11954