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 Pursuan t 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. Asp er, J.D., Chairman

President/CEO C.A. Southerland, President

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

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

Oranjestad, Aruba Fort Lauderdale, FL 33306

Netherland Antilles Voi ce: (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, 2011Page 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 C ONFIDENTIAL 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) ob tained 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 informat ion 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 th e company, its operating plans and its funding that could be used by them to underminePage 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 unde r 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 Ind ustries, 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 inform ation

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 an d 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,

A viation 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, 2 011