r ~ '.- BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

QATAR EXECUTIVE ; .~ Application of for an Exemption pursuant to 49 U.S.C. § 40109 Docket OST -2014- () 

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MOTION OF QATAR EXECUTIVE FOR CONFIDENTIAL TREATMENT Communications concerning this document may be served upon: Anita M . Mosner Jennifer M . Nowak Holland 

### & Knight LLP 800 1

## th Street, NW Suite 1100 Washington, DC 20006 Tel: (202) 419-2604 anita. mosner@hklaw.com Attorneys for Qatar Executive Dated: March 28,2014BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON 

### D.C.

QATAR EXECUTIVE Docket OST 

### -2014-

_ Application of for an Exemption pursuant to 49 U.S.C. § 40109

MOTION OF gATAR EXECUTIVE FOR CONFIDENTIAL TREATMENT Qatar Executive has applied today for a Foreign Air Carrier Permit and related exemption that would enable it to provide charter foreign air transportation of persons, property, and mail as provided for in the Open Skies Agreement between the United States and Qatar, as described more fully in the application. In support of its application, Qatar Executive is providing the Department with financial documents, which contain confidential, proprietary, and commercially sensitive information. Accordingly, pursuant to Rule 12 of the Department's Rules of Practice (14 C.F.R. 

### § 302.12), Qatar Executive hereby moves to withhold from public disclosure certain information filed under seal with this Motion in this docket. Qatar Executive's application includes a pro forma statement of income containing sensitive financial data. See Exhibit C, Application of Qatar Executive for a Foreign Air Carrier Permit and related Exemption (March 28, 2014) (appended). This information is protected from public disclosure under various exemptions under the Freedom of Information Act (FOIA), including 5 U .S.C. 

### §§ 552(b)(3) and (b)(4). Exemption 3 protects from disclosure information specifically protected by another statue, including 49 U.S.C. 

### § 40115. See British Airports Authority v. CAB, 531 F. Supp. 408, 414 (D. D.C. 1982). Section 40115 states that the Department "shall" withhold from public disclosure, among other things, information that would adversely affect an air carrier's competitive positionQatar Executive Motion for Confidential Treatment 

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in foreign air transportation. The information at issue here clearly satisfies this standard. Exhibit C contains extremely sensitive information that has not been made available to the public and which is not disclosed to any third party. If disclosed, this information could be used by Qatar Executive's competitors to their strategic advantage, and Qatar Executive's disadvantage, in making competitive decisions. Release of this information would cause substantial harm to the competitive position of Qatar Executive. Further, Exemption 4 protects from public disclosure information that is "(1) commercial or financial. (2) obtained from a person outside the government, and (3) privileged or confidential. " The information submitted here under seal clearly satisfies this standard as well. The information is both commercial and financial in nature. It was obtained from a private citizen, and the documents are privileged or confidential. Public disclosure of such information could impair the Government's ability to obtain necessary information in the future or ... cause substantial harm to the competitive position of the person from whom the information was obtained. See Gulf and Western Indus.! Inc. v. United States, 615 F.2d 527,529 (D.C. Cir. 1980). WHEREFORE, for the foregoing reasons, Qatar Executive respectfully requests that the Department grant its motion for confidential treatment and withhold from public disclosure the confidential, proprietary, and commercially sensitive information Qatar Executive has filed under seal. Qatar Executive further requests any different or additional relief that the Department may deem necessary.Qatar Executive Motion for Confidential Treatment 

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A . a M. Mosner ennifer M . Nowak Holland & Knight LLP Attorneys for Qatar Executive