BEFORE THE

U.S DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY

WASHINGTON, DC

_____________________________________

Application of )

 )

TIARA AIR N.V. )

 ) Docket DOT-OST- 2011-0215

 )

For Exemption Authority Pursuant to )

49 UCS 40109 for Foreign Air Carrier Permit )

 _____________________________________

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12

Communications with respect to this document should be sent to:

Alejandro Muyale Richard A. Asper, J.D., Chairman

President/CEO C.A. Southerland, President

TIARA AIR N.V. Aviation Professionals Group, Inc.

Sabana Blanco 70E, Suite 10 3000 NE 30th Place, Suite 107

Oranjestad, Aruba Fort Lauderdale, FL 33306

Netherland Antilles Voice: (954) 763-4848

Voice: 297 588 4272 Fax: (954) 763-4240

Fax: 297 583 7108 Email:

Email: genair@setarnet.aw ca@aviation-professionals.com

ricka@aviation-professionals.com

Representatives for

TIARA AIR N.V.

Filed on November 21, 2011
Page 2 of 4

BEFORE THE

U.S DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

_____________________________________

Application of )

 )

TIARA AIR N.V. )

 ) Docket DOT-OST- 2011-0215

 )

For Exemption Authority Pursuant to )

49 UCS 40109 for Foreign Air Carrier Permit )

 _____________________________________

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12

TIARA AIR N.V. (“TIARA” or “Applicant”) hereby moves for confidential treatment of Exhibit 

TA-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 and the Freedom of Information Act (5 U.S.C. § 552(b)(4)), 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 TIARA. This information would 

not otherwise be disclosed to the public by TIARA.

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

is (1) commercial or financial; (2) obtained from 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 TIARA that was 

obtained directly from TIARA. 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 TIARA 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 TIARA to gain 

insights into the company, its operating plans and its funding that could be used by them to undermine 
Page 3 of 4

its service, resulting in great economic harm to TIARA, 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, TIARA AIR N.V. respectfully moves that the attached Exhibit TA-13, 

submitted under seal with this motion, be withheld from public disclosure for a period of ten (10) years, 

pursuant to Rule 12 of the Department's Rules of Practice in Proceedings.

Respectfully submitted,

Aviation Professionals Group, Inc., for

TIARA AIR N.V.

By:_____________________

 C.A.Southerland

Voice (954) 763-4848

Email:ca@aviation-professionals.com

Representatives for

TIARA AIR N.V.

Date: November 21, 2011