### BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC

Application of: 

### CemAir (Pty) Ltd.
For an exemptionfrom 49 U.S.C. 41301 and statement ofauthorization (longterm wet lease to Tortug'Air, S.A. USA-Haiti) ) ) ) ) ) ) ) ) ) ) DocketNo. DOT-OST-2013- oooet



### MOTION FORCONFIDENTIAL TREATMENT PURSUANT TO RULE 12
Miles van der Molen CEO CemAir (Pty) Ltd ORTambo International Airport Bonaero Park 1622 South Africa Phone: +27 11 395 4473 Fax: +27 11 395 1874 Email: miles@cemair.co.za

Filed on January 10, 2013 Richard A. Asper, J.D., Chairman C.A. Southerland, President Aviation Professionals Group, Inc. 3000 NE 30th Place, Suite 107 Fort Lauderdale, FL 33306 Voice: (954) 763-4848 Fax: (954) 763-4240 Email: ca@aviation-professionals.com ricka@aviation-professionals.com Representatives for
CemAir (Pty) LtdBEFORE THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC

Application of: CemAir (Pty) Ltd.
For an exemption from 49 U.S.C. 41301 and statement ofauthorization (long term wet lease to Tortug'Air, S.A. USA-Haiti) ) ) ) ) ) ) ) ) ) ) DocketNo. DOT-OST-2013-

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MOTION FORCONFIDENTIAL TREATMENT PURSUANT TO RULE 12 CemAir (Pty) Ltd ("Cemair" or "Applicant") hereby moves for confidential treatment ofExhibit CE-13 (Financial Information) to its Application in this Docket pursuant to Rule 12 ofthe Department's Rules ofPractice (14 C.F.R. § 302.12). The confidential informationhas been filed under seal and with the marking "Confidential Treatment Requested Under 14 C.F.R. § 302.12", as provided in 14 C.F.R. §302.12. Approval ofApplicant's request for confidential treatment would be consistent with the Department's Rules, its precedents and the Freedom oflnformationAct (5 U.S.C. 552(b)(4). The filing contains commercially sensitive informationthat, ifreleased publicly, could cause substantial competitive harm to Cemair. This information would not otherwise be disclosed to the public by Cemair. To be withheld from public disclosure under Rule 12, documents must contain informationthat is (1) commercial or financial; (2) obtained from aperson outside ofgovernment; and (3) privileged or confidential. The information for which confidentiality is requested clearly satisfies requirements one and two, inthat it consists ofcommercially-sensitive and confidential information ofCemair thatwas obtained directly from Cemair. It also clearly satisfies the third requirement as well, as this is the type of informationthat has been considered confidential by the Department in the past. Additionally, release ofthis financial information would cause substantial harm to the competitive position ofCemair and would impairthe government's ability to collect such information in

Page 2 of3the future. Shouldthis informationbe made public, it could permit competitors ofCernair to gain insights into the company, its operating plans and its funding that could be used by them to undermine its service, resulting in great economic harmto Cernair, its investors and competition. Furthermore, the information may properly be withheld from public disclosure under Exemption 4 ofthe Freedom oflnformationAct, 5 U.S.C. 

### § 552(b)(4), whichpermits protection from disclosure for "trade secrets and commercial or financial information obtained from a person and privileged or confidential." See, e.g., Gulf& Western Industries, Inc. v. UnitedStates, 615 F.2d 527 (D.C. Cir. 1979); CriticalMass Energy Projectv. NRC, 975 F.2d 871 (D.C. Cir.1992). The Freedom oflnforrnationAct, 5 U.S.C. 

### § 552(b)(4), provides thatprivileged or confidential commercial and financial information obtained from a private person is specifically exempt from the requirements ofpublic disclosure due to its business-sensitive nature. The Information for whichthis motionrequests confidential treatment is confidential and proprietary commercial and financial information ofa private party and the public release ofthis information would cause competitive and financial injury to that party. Accordingly, the information should be withheld from public disclosure. WHEREFORE, CernAir (Pty) Ltd respectfully moves that the attached Exhibit CE-13, submitted under seal with this motion, be withheld from public disclosure for a period often (10) years, pursuant to Rule 12 ofthe Department's Rules ofPractice inProceedings.

Date: January 10, 2013 Respectfully submitted,
Aviation Professionals Group, Inc., for CEMAIR (PTY) LTD

Voice: (954) 763-4848 Email: ca@aviation-professionals.corn

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