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September 21, 2012

Lauralyn J. Remo Chief, Air Carrier Fitness Division Office of Aviation Analysis U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590

Re: Application of Rhoades Aviation, Inc. d/b/a Transair for a Certificate of Public Convenience and Necessity, Docket DOT-OST-2011-0216: Petition for Partial Reconsideration of Confidential Treatment Ruling and Submission of Public Version of Exhibit RDS-3, Page 3

Dear Ms. Remo:
Rhoades Aviation, Inc. d/b/a Transair (“Rhoades”) hereby files this petition for partial reconsideration of your office’s September 19, 2012 letter (“September 19 Ruling”), to the extent that it denies confidential treatment of all the rows within the “Cost per Flight Miles for 12 month” block of information on Exhibit RDS-7, Page 3.
In support of this petition, Rhoades states the following:
The September 19 Ruling determined, among other things, to only partially grant Rhoades’ motion for confidential treatment of Corrected Exhibit RDS-7, Page 3, and to publicly disclose “the rows indicating ‘Cost per Flight Miles for 12 months,’ ‘Projected Related Cost for 737,’ and ‘Landing Fees’” shown on Exhibit RDS-7, Page 3.
The Department’s previous ruling, dated August 23, 2012, regarding the identical information, granted confidential treatment to the entirety of Exhibit RDS-7, Page 3. The only difference between the two exhibits is that the title of the original exhibit incorrectly referred to Rhoades’ sister carrier Trans Executive Airlines of Hawaii, Inc. when it should have referred to Rhoades. Rhoades’ corrected Exhibit RDS-7, Page 3. The only change was to change the title to clarify that this information in fact pertained to Rhoades. As before, confidentiality was requested for the corrected exhibit. However, inconsistent with the Department’s August 23 ruling, which granted confidential treatment to all of the information on RDS-7, Page 3, the Department made the following determination:
Thus, confidential treatment of the corrected version of Exhibit RDS-7, Page 3, is partially granted, solely to the rows indicating projected revenues: confidentiality is granted only from the “737 Projected Daily Cargo Revenue” row through the “TotalLauralyn J. Remo

Chief, Air Carrier Fitness Division - 2 - September 21, 2012

\\DC - 038245/000001 - 3496877 v2 Projected Revenue from 737” row. Confidential treatment is denied for the rows indicating “Cost per Flight Miles for 12 months,” “Projected Related Cost for 737,” and “Landing Fees.”
September 19 Ruling, at 2.
Rhoades requests partial reconsideration of the September 19 Ruling to the extent that it denies confidential treatment of all the rows within the “Cost per Flight Miles for 12 month” block of information. Included in that block are rows indicating “Projected Annual Revenue” and “Revenue per Mile.” Divulging this information will result in the disclosure of Rhoades’ projected first-year revenues, which is precisely the information on Exhibit RDS-7, Page 3 the Department agreed to accord confidentiality in the September 19 Ruling. Specifically, the indicated “Projected Annual Revenue” amount is the grand total indicated on the “Total Projected Revenue from 737” row, the entirety of which the Department granted confidential treatment. The indicated “Revenue per Mile” is that same grand total divided by the “Total Flight Miles” indicated in the “Cost per Flight Miles for 12 Months” block, and similarly reveals projected revenue information that the Department has accorded confidential treatment in the September 19 Ruling.
Therefore, to prevent disclosure of Rhoades’ projected annual revenue and to ensure that its competitive position is not harmed, Rhoades requests that confidential treatment be granted to the values indicated on the “Projected Annual Revenue” and “Revenue per Mile” rows within the “Cost per Flight Miles for 12 Months” block of Corrected Exhibit RDS-7, Page 3. A redacted/public version of this exhibit page, including redactions of the lines for which confidential treatment has been granted in the September 19 Ruling, is enclosed for the record.

Respectfully submitted,

Robert E. Cohn Counsel for Rhoades Aviation, Inc. d/b/a Transair

Attachment

cc: Reese Davidson Mary Ballard Teimour Riahi