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) )

____________________________________)

MOTION 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 being 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 

documents and information contained therein be treated CONFIDENTIAL and withheld 

from public disclosure.

In support of this motion Southern Air Charter Co., Ltd sets out the following:

1. The documents being submitted that we claim should be treated as 

CONFIDENTIAL and not made available to the public are:

- US Charter projections, 1 page.

- Financial Statements 2007 and 2008, 9 pages.
2

An index listing the documents sought to be withheld is contained on 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 statements, 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 the 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 information 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 financial 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 financial 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, and mail between the Bahamas and 

the United States, and other charters pursuant to 14 CFR Part 212 of the Department’s 

regulations.

Respectfully submitted,

McDONALD, TINKER, 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., LTD
4

CONFIDENTIAL TREATMENT REQUESTED UNDER §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.