BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________

)

Applications of )

)

ORANGE AIR, LLC ) DOCKETS OST-2011-0073

) OST-2011-0074

for Certificates 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 17, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________

)

Applications of )

)

ORANGE AIR, LLC ) DOCKETS OST-2011-0073

) OST-2011-0074

for Certificates of Public Convenience ) July 17, 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 17, 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 newlyidentified 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 ruling 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 8a 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’ revenue 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 Parks and 

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