BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

APPLICATION OF: ) ) SOUTHER AIR CHARTER CO.., LTD ) Docket – OST – 2010 – 0027 ) FOR EXEMPTION PURSUANT TO ) 49 U.S.C. §40109(c) ) ____________________________________)

M OTION FOR CONFIDENTIAL TREATMENT OF SOUTHER AIR CHARTER CO.., LTD FOR FINANCIAL INFORMATION SUBMITTED IN SUPPORT OF EXEMPTION PURSUANT TO 49 U.S.C. §40109

Southern Air Charter Co. Ltd, hereby objects to the public disclosure of specific
information bein g submitted in support of its application for exemption pursuant to 49 U.S.C. §40109. Therefore, pursuant to Rule 12 of the Department ’ s Rules of Practice (14 C.F.R. § 302.12) Southern Air Charter Co. Ltd, respectfully moves that the below listed
document s and information contained therein be treated CONFIDENTIAL and withheld from public disclosure. In support of this motion Southern Air Charter Co., Ltd s ets out the following:
1. The documents being submitted that we claim should be treated as
CONFIDENTIA L and not made available to the public are:

- US Charter p rojections, 1 page.

- Financial Statements 2007 and 2008, 9 pages

.2 An index listing the documents sought to be withheld is contained o n the last page of this
submission.
2. There exists a specific provision in the Freedom of Information Act that exempts from disclosure information that is can be described as “ trade secrets and commercial or financial information obtained from a person ...” 5 U.S.C. §552(b)(4). The past and prospective financial stat ements, together with projections of revenue and expenses clearly falls within the express and intended definition of both trade secrets and commercial and financial information that is privileged and confidential. The disclosure
of such information to th e public or competitors would be harmful to the business of this applicant.
3

. Disclosure of past financial statements, together with projections of revenue and expenses based upon operations in the United States would provide those that currently compete with the applicant and any wishing to evaluate their ability to compete all the information necessary to obtain a clear competitive advantage in all areas of the operation. The most obvious would be pricing of charter services . Other examples
would be in formation regarding costs and its impact in negotiations with the same or similarly situated vendors, supplies, etc.
4. The information is not necessary or required for disclosure to the public
because the public does not make any evaluation into the finan cial fitness of the applicant who wishes to conduct the proposed service. The evaluation of financial fitness is a determination to be made by the Office of the Secretary of Transportation. Additionally there has been no challenge by the public to the fi nancial fitness of this applicant since the filing of this application, so additional basis for public disclosure is present

.3 WHEREFORE, Southern Air Charter Co., Ltd., respectfully request that the Department of Transportation grant, for a period of two years, an exemption to conduct charter foreign air transportation of persons, property, a nd mail between t he Bahamas and the United States, and other charters pursuant to 14 CFR Part 212 of the Department ’ s regulations.

Respectfully submitted, McDONALD, T INKER, SKAER, QUINN & HERRINGTON, P.A. 300 W. Douglas, Suite 500 Wichita, Kansas 67202 (316) 263

- 5851 (316) 263

- 4677 fax

By :

___ s/ Kevin M. McMaster

__________ Counsel for Southern Air Charter Co., LTD4 CONFIDENTIAL TREATMENT REQUESTED UNDE R §302.12
INDEX
1. US Charter projections. The document consists of one page.
2. Financial Statements 2007 and 2008. The documents consist of nine pages.