ANSWER OF JOHN P.T. GILMORE

Re: MOTION OF AIRONE VENTURES LIMITED FOR 

CONFIDENTIAL TREATMENT PURSUANT TO RULE 12

Application of AirOne Ventures Limited For An Exemption Under 

49 U.S.C. § 40109(c) (U.S.- Barbados) Docket DOT-OST-2010-

0134

The applicant in its May 17, 2010 Confidentiality Motion in DOT-OST2010-0134 (posted on May 18) requests confidential 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 nationals 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 applicant in Exhibit 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 Ireland, 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.

14 CFR § 211.20 Initial foreign air carrier permit or transfer of a 

permit provides 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 comply 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 corporation 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.”

The requirements of 14 CFR 211.20 are mandatory – in that context 

should the desire for confidentiality outweigh the desire to secure the 

economic authority sought it is open to the applicant to withdraw its 

application or establish an clear and incontrovertible case that the

information sought to be prevented from disclosure to interested 

parties falls within a narrow reading of the applicable law.

5 U.S.C. § 552 (b) (4) relied 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 competitive 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 nationalities of the EU investors in 

AirOne Holdings cannot be accepted 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 harm 
envisaged is both tenuous and specious.

I submit that 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 treated 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 Submitted

/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, 2010
CERTIFICATE OF SERVICE

I hereby certify that on this 25th 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 AirOne Ventures Limited in its May 17, 2010 

Application of For An Exemption Under 49 U.S.C. § 40109(c) (U.S.-

Barbados) 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

george.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; 

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