U.S. Department of 

Transportation 

Office of the Secretary 

of Transportation 

AprilS, 2011 

Mr. Edward P. Faberman 

Wiley Rein LLP 

1776 K Street NW 

Washington, DC 20006 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Re: Docket DOT-OST-2011-0032, Application of 

Dear Mr. Faberman: 

Twin Cities Air Service, LLC, for Commuter Air 

CatTier authority 

On February 22,2011, Twin Cities Air Service, LLC ("Twin Cities") filed an application in 

Docket DOT-OST-2011-0032 requesting that the Department issue it commuter air can'ier 

authority. Twin Cities also requested confidential treatment under 14 CFR 302.12 ("Rule 

12") of our Procedural Regulations for certain information provided. The purpose of this 

letter is to rule on that motion and to explain our policy regarding Rule 12 submissions. 

In support of Twin Cities' request for confidential treatment, the applicant stated that these 

documents include sensitive financial and commercial information, including financial 

information for activities other than the projected nights, the public disclosure of which 

would cause substantial harm to the competitive position of Twin Cities or the individual 

from whom the information was obtained. 

Specifically, Twin Cities requests that the Department withhold the following information: 

Exhibit TC-12: Financial Statements and Supplementary Information for the Years 

Ended December 31, 2005 through December 31, 2009 

Exhibit TC-13: Twin Cities' Forecast Balance Sheet 

Exhibit TC-14: Twin Cities' Capital Estimate and Description 

Exhibit TC-14A: Credit letter from Machias Savings Bank 

Exhibit TC-14B: True and correct copy of Twin Cities' Commercial Loan Security 

Agreement with Northeast Trading Corporation ("Northeast Trading") 

Exhibit TC-14C: True and correct copy of Twin Cities' Commercial Line of Credit 

Agreement and Promissory Note with Northeast Trading 

Exhibit TC-14D: True and correct copy of the Guaranty in favor of Northeast Trading 
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Rule 12 instructs us to evaluate requests for confidential treatment in accordance with the 

standards of disclosure found in the Freedom of Information Act (5 U.S.c. section 552). 

By this standard, information may be withheld from disclosure under 5 U.S.C. 552(b)(4) if 

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

(3) privileged or confidential. [Guif"and Western Industries, Inc. v. United States, 615 F.2d 

527,529 (D.C. Cir. 1979)J. 

There is no question that the information for which cOQ.fidential treatment is sought is 

financial or commercial in nature and that it was obtained from a person outside the 

government. The remaining question is whether this infolmation is privileged and 

confidential- whether "disclosure of the information is likely to have the following effects: 

(1) impair the Government's ability to obtain necessary information; or (2) cause 

substantial harm to the competitive position of the person from whom the information was 

obtained" (See National Parks and Conservation Association v. Morton, 498 F.2d 765,770 

(D.C. Cir. 19740)). Further, to be privileged or confidential, information must not be the 

type that is usually released to the public (See Gulf and Western Industries, Inc. v. United 

States, 615 F.2d 527, 529 (D.C. Cir. 1979)). 

With respect to exhibits TC-14B, TC-14C, and TC-14D, we will grant confidentiality to 

these exhibits in their entirety. However, Twin Cities must provide a summary of these 

documents for the public record, including balances available for lines of credit. With 

respect to the remaining exhibits, confidential treatment is denied. It is not the 

Department's practice to withhold from public disclosure information regarding the 

applicant's current, historical, or forecasted financial information except when the 

applicant has shown that substantial harm to its competitive position would result from 

public disclosure of the given information and such information is not the type that is 

normally released to the public. No such showing has been made. 

Under Rule 12, the Department's ruling on a motion for confidential treatment will not take 

effect if, within five (5) business days after issuance, the person requesting confidential 

treatment files a petition for reconsideration of that decision, or files a statement that he or 

she in good faith intends to seek judicial review of the decision. If Twin Cities elects to 

petition the Department as to this confidentiality determination, we expect that it will 

provide a statement explaining how the items fall within the exceptions under the Freedom 

of Information Act and is not otherwise required to be filed publicly by all applicants for 

commuter authority. Responses shall be due within five calendar days of the filing of such 

a petition. 

If Twin Cities elects not to file a petition, we direct that it file the information denied 

confidential treatment in the public docket in this proceeding within five business days of 

the date of this letter. 

In the meantime, as is the Department's practice, further processing of your application will 

be deferred pending receipt of this material. In addition, once this matter is satisfactorily 

resolved, Twin Cities can expect to receive a request for additional and/or clarifying 

information needed in connection with its application. 
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Thank you for your cooperation in this matter. If you have any questions, please feel free 

to contact Aleta Best at (202) 366-9721 or bye-mail at aleta.best@dot.gov. 

Lall' n. Remo, Chief 

Air Carrier Fitness Division 

Office of Aviation Analysis 

cc: Docket DOT-OST-2011-0032 

Mr. Nathan Humphrey 

President 

Twin Cities Air'Service, LLC 

81 Airport Drive 

Aubul11, ME 04210 

Mr. Gary Readio 

Aviation Safety Inspector 

FAA Portland FSDO-65 

Portland, ME 04102 

Ms. Katrina A. Skowron 

Wiley Rein LLP 

1776 K Street NW 

W~shington, DC 20006