ANSWER OF JOHN P.T. GILMORE

Re: MOTION OF AIRONE VENTURES LIMITED FOR

CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 Application of AirO ne Ventures Limited For An Exemption Under 49 U.S.C. § 40109(c) (U.S.

- Barbados) Docket DOT

- OST

- 2010

- 0134

The applicant in it s May 17, 2010 Confidentiality Motion in DOT

- OST

2010

- 0134 (posted on May 18) requests confidenti al treatment for the

identities of all its investors and, in addition

, of the nationalities of a class of investors in its holding company who are all natio nals of countries within the European Union.

This latter class of investors controls 76.67% of the issued and outstanding shares (70.21% of the authorised shares) of the holding

company (“AirOne Holdings” ) which in turn owns 100% of the applicant

.

The ap plicant in E xhibit D to its Application has itself disclosed the identities and shareholdings of two of its investors, who are also

members of this „EU‟ class of investors; its Chairman / CEO and its Director of Business Development, both citizens of Irela nd, who respectively own 11.96% and 12.86% of the issued shares of AirOne Holdings

– leaving the unidentified investors in this class holding 45.39% of the authorised shares of AirOne Holdings or 49.56% of the

issued shares and 64.54% of the EU Class.

1 4 CFR § 211.20 Initial foreign air carrier permit or trans fer of a permit p rovides as follows:

“ A person applying for an initial foreign air carrier permit or the transfer of a permit shall submit the information listed below. The applicant must fully co mply with this requirement. If the applicant is unable to respond to an item, the application shall contain an explanation, and include substitute information most closely approximating the information requested. The Department may require an applicant to provide additional information as necessary...............................

(e) Provide the names and citizenship of all persons holding five percent (5%) or more of the capital stock or capital of the applicant. Also indicate the number and percentage of shares of stock or percentage of capital held by each. If five percent or more of the applicant's stock is held by a corporation or partnership, set forth the name and citizenship of each person holding five percent or more of the entire capital stock or capital of that corp oration or partnership and the respective interest of each. If any shares are held for the benefit of another person, give the name and citizenship of that person.”

T he requirements of 14 CFR 211.20 are mandatory

– in that context

should the desire for con fidentiality outweigh the desire to secure the economic authority sought it is open to the applic ant to withdraw its application or establish an clear and incontrovertible case that the information sought to be prevented from disclosure to interested parti es falls within a narrow reading of the applicable law.

5 U.S.C. § 552 (b) (4) r elied on in the Motion states as follows: ‘b) This section does not apply to matters that are

– (4) trade secrets

and commercial or financial information obtained from a person and privileged or confidential; ’’

. With respect to the „confidential‟ requirement the applicant points to jurisprudence to the effect that information is considered confidential if its disclosure is likely to cause substantial harm to the competi tive position of the person from whom

the information was obtained

– harm flowing from the affirmative use of proprietary information by competitors.

The request to keep confidential the n ationalities of the EU investors in AirOne Holdings cannot be accept ed as the applicant has not demonstrated how knowledge of the nationalities of the EU investors and the percentage shareholding held by each (without the names) could in any conceivable context result in substantial harm to the competitive position of the applicant.

With respect to the identities of the investors the argument that substantial harm is „likely‟ cannot, with respect be substantiated. Indeed the argument as to the nature and source of the harmenvisaged is both tenuous and specious.

I submit t hat the applicant has failed to establish that the exemption requested is within those authorised in 5 U.S.C. § 552 (b) (4) and that its Motion should accordingly be denied.

The Applicant in its Motion further claims that the information sought

to be treat ed as confidential is not necessary to an evaluation of it‟s

49 U.S.C. § 40109(c) Exemption Application. With respect, necessary or not, it is required information and therefore public unless within the exemptions authorized by the law.

Respectfully Subm itted

/s/ John P.T. Gilmore

_______________ John P.T. Gilmore

205

– 4250 St. Ambroise Montreal, Quebec

Canada H4C 3R4 Telephone: 514 716 7665

E

- Mail : jptgilmore@hotmail.com

Dated : May 25, 2010CERTIFICATE OF SERVICE

I hereby certify tha t on this 2 5t h day of May , 2010 , a copy of this Certificate of Service and of my foregoing Answer to the May 17 , 2010 14 CFR 302.12 Motion by AirO ne Ventures Limited in its May 17, 2010 Application of For An Exemption Under 49 U.S.C. § 40109(c) (U.S.

- Barb ados) Docket DOT

- OST

- 2010 was served by electronic mail on the Attorneys for the applicant

Charles A. Hunnicutt at charles.hunnicutt@troutmansanders.com ; Patricia N. Snyder at charles.hunnicutt@troutmansanders.com ;and,

Brent Connor brent.connor@troutmansanders.com and to each of the persons named below per the Service List provided by the Applicant.

/s/ John P.T. Gilmore

________________________________ John P.T. Gilmore

205

– 4250 St. Ambroise Montreal, Quebec

Canada H4C 3R4 Telephone: 514 716 7665

E

- Mail : jptgilmore@hotmail.com

g eorge.wellington@dot.gov ; carl.nelson@aa.com ; sascha.vanderbellen@nwa.com ; sametta.c.barnett@delta.com ; goodchild2518@rogers.com ; howard_kass@usairways.com ; benjamin.slocum@usairways.com ; joanna.geraghty@jetblue.com ; robert.land@jetblue.com ; contactfll@broward.org ;