BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ )

Application s of )

)

ORANGE AIR, LLC ) DOCKET S OST

- 20 1 1

- 0073

) OST

- 2011

- 0074

for Certificate s of Public Convenience )

and Necessity ( Passenger )

Charter Service) )

_________________________________________ )

MOTION OF ORANGE AIR, LLC

FOR CONFIDENTIAL TREATMENT

Communications with respect to this document should be sent to:

John R. Mietus, Jr.

Law Office of John Mietus, LLC

6701 Democracy Blvd., Suite 300

Bethesda, MD 20817

- 7500

(202) 747

- 5212

- Telephone

(240) 396

- 5362

- Fax

john@mietuslaw.com

Counsel for ORANGE AIR, LLC

July 1 7 , 2013BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________ )

Application s of )

)

ORANGE AIR, LLC ) DOCKET S OST

- 201 1

- 0073

) OST

- 2011

- 0074

for Certific ate s of Public Convenience ) July 1 7 , 2013

and Necessity (Passenger )

Charter Service) )

_________________________________________ )

MOTION OF ORANGE AIR, LLC

FOR CONFIDENTIAL TREATMENT

Pursuant to Rule 12 of the Department's Rules of Practice , 14 C.F.R.

§ 302.12, Orange Air, LLC respectfully moves to withhold from public

disclosure the contents of Confidential Exhibits C

- D filed simultaneously

with Orange Air’s July 1 7 , 2013 letter request for a waiver of certain start

- up

conditions to its certificates. In accordance with Rule 12, the exhibits have

been marked “Confidential” and are being filed under seal.

Confidential Exhibit C contains the FAA certificate numbers of newly

identified key personnel who hold such certificates. The Department

previously has found that confidential treatment of such numbers is

appropriate, among other reasons, because they may be keyed to social

security numbers. See, e.g.

, Dynamic Airways, LLC , letter rul ing of July 29,

2010 , Docket OST

- 2010

- 0058 ; Atlas Air, Inc. , letter ruling of December 3,

2009, Docket OST

- 2009

- 0267

- 11.Orange Air

Motion

Page 2

Confidential Exhibit D contains two unredacted pages from public

Exhibit 8 a that show applicant's revenue forecast for its first full year of

operations and its forecast operating results, along with certain, sensitive

salary and revenue assumptions; these were redacted in the public version.

The Department routinely grants confidential treatment to information, such

as applicants’ reven ue forecasts and details of expense calculations, where

public disclosure would give competitors the ability to readily calculate

sensitive commercial terms. See, e.g., Dynamic Airways; Atlas Air ;

Independence Air, Inc. and Compass Airlines, Inc. , letter ruling of August 23,

2006, Docket OST

- 2006

- 24295

- 4 (“the Department has generally granted

confidential treatment to contractual agreements and financial projections

when the nature of the information reflected in the financial statements

could well provide commercially sensitive information to competitors”)

(emphasis added)

.

In sum, the information sought to be withheld from public disclosure

meets Department precedent for nondisclosure and the standards found in

exemption (4) of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), in that

it is: (1) commercial or financial, (2) obtained from a person outside the

government, and (3) privileged or confidential. See Gulf & Western Indus.,

Inc. v. United States , 615 F.2d 527, 529 (D.C. Cir. 1979); National Pa rks and

Conservation Assoc. v. Morton , 498 F.2d 765, 770 (D.C. Cir. 1974).