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- () 0 L//

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 1th Street, NW

Suite 1100

Washington, DC 20006

Tel: (202) 419-2604

anita. mosner@hklaw.com

Attorneys for

Qatar Executive

Dated: March 28,2014
BEFORE 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 position
Qatar Executive

Motion for Confidential Treatment

2

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

3

A . a M. Mosner

ennifer M. Nowak

Holland & Knight LLP

Attorneys for

Qatar Executive