BEFORE THE DEPARTMENT OFTRANSPORTATION WASHINGTON, D.C. Application of ORANGE AIR, LLC for a Certificate ofPublic Convenience and Necessity (Interstate Passenger Charter Service) ) ) ) ) DOCKET DOT-OST-2011- 

### 007

# Cf ) ) ) ) 

### -----------------------------) MOTION OF ORANGE AIR, LLC FOR CONFIDENTIAL TREATMENT Communications with respect to this document shouldbe sentto:

April 1, 2011 John 

### R. Mietus, Jr. Law Office ofJohn Mietus, LLC 6701 Democracy Blvd., Suite 300 Bethesda, MD 20817-7500 (202) 747-5212

- Telephone (240) 396-5362

- Fax john@mietuslaw.com Counsel for ORANGE AIR, LLCBEFORE THE DEPARTMENT OFTRANSPORTATION WASHINGTON, D.C.

Application of ORANGE AIR, LLC for a Certificate ofPublic Convenience and Necessity (Interstate Passenger Charter Service) ) ) ) ) DOCKET DOT-OST-2011- ) April 1, 2011 ) ) ) 

### -------------------------------) MOTION OF ORANGE AIR, LLC FOR CONFIDENTIAL TREATMENT Pursuant to Rule 12 ofthe Department's Rules ofPractice, 14 C.F.R. § 302.12, Orange

### Air, LLC respectfully moves to withhold from public disclosure the contents ofConfidential Exhibits A-B filed simultaneously with the above-captioned application. In accordance with Rule 12, the exhibits have been marked "Confidential" and are beingfiled under seal. Confidential ExhibitA contains the FAA certificate numbers ofthe applicant's key personnel who hold such certificates. The Department previously has found that confidential treatment ofsuch numbers is appropriate, among otherreasons, because they may be keyed to social security numbers. See, e.g., 

### DynamicAirways, LLC, letter ruling ofJuly 29, 2010, Docket OST-2010-0058;

### AtlasAir, Inc., letterruling ofDecember 3, 2009, Docket OST-2009-0267-11.Orange Air Confidentiality Motion Page 2 Confidential Exhibit B contains two unredacted pages from public Exhibit 8 that show applicant's revenue forecast for its first full year of operations and its forecast operatingresults, along with certain, sensitive salary and revenue assumptions; these were redacted in the public version. The Departmentroutinely grants confidential treatment to information, such

as applicants' revenue forecasts and details ofexpense calculations, where public disclosure would give competitors the ability to readily calculate sensitive commercial terms. See, e.g., 

### DynamicAirways;AtlasAir; IndependenceAir, Inc. and CompassAirlines, Inc., letterruling ofAugust 23, 2006, Docket OST-2006-24295-4 ("the Departmenthas generally granted confidential treatment to contractual agreements and financial projections when the nature ofthe informationreflected in the financial statements could well provide commercially sensitive information to competitors") (emphasis added). In sum, the information sought to be withheldfrom public disclosure meets Department precedent for nondisclosure and the standards found in exemption (4) ofthe Freedom ofInformationAct, 5 U.S.C. § 552(b)(4), in that it is: (1) commercial or financial, (2) obtained from a personoutside the government, and (3) privileged or confidential. 

### See Gulf& 

### Western Indus., Inc. v. United States, 615 F.2d 527, 529 (D.C. Cir. 1979); 

### National Parks and ConservationAssoc. v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974).Orange Air Confidentiality Motion Page 3 

### WHEREFORE, Orange Air, LLC respectfully requests that Confidential ExhibitsA-B be accorded confidential treatment under Rule 12.

April 1, 2011 Respectfully submitted,

John R. 

### Mietus, Jr. Law Office ofJohn Mietus, LLC 6701 Democracy Blvd., Suite 300 Bethesda, MD 20817-7500

(202) 747-5212 (240) 396-5362 fax john@mietuslaw.com Counsel for ORANGE AIR, LLC

### CERTIFICATE OF SERVICE I hereby certifY that I have, this 1st day ofApril, 2011 caused the attachedMotion ofOrange Air, LLC for Confidential Treatment to be served by electronic mail on the following persons: South Florida Certificate Management Office FederalAviation Administration 2895 SW 145 Avenue, Suite 291 Miramar, Florida 33027

John 

### R. Mietus, Jr.

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