BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

ORANGE AIR, LLC 

for a Certificate of Public Convenience 

and Necessity (Interstate Passenger 

Charter Service) 

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) DOCKET DOT-OST-2011- 007 Cf 

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MOTION OF ORANGE AIR, LLC 

FOR CONFIDENTIAL TREATMENT 

Communications with respect to this document should be sent to: 

April 1, 2011 

John R. Mietus, Jr. 

Law Office of John 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, LLC 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

ORANGE AIR, LLC 

for a Certificate of Public Convenience 

and Necessity (Interstate Passenger 

Charter Service) 

) 

) 

) 

) DOCKET DOT-OST-2011-

) April 1, 2011 

) 

) 

) 

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MOTION OF ORANGE AIR, LLC 

FOR CONFIDENTIAL TREATMENT 

Pursuant to Rule 12 of the Department's Rules of Practice, 14 C.F.R. 

§ 302.12, Orange Air, LLC respectfully moves to withhold from public 

disclosure the contents of Confidential Exhibits A-B filed simultaneously with 

the above-captioned application. In accordance with Rule 12, the exhibits 

have been marked "Confidential" and are being filed under seal. 

Confidential Exhibit A contains the FAA certificate numbers of the 

applicant's key personnel who hold such certificates. The Department 

previously has found that confidential treatment of such numbers is 

appropriate, among other reasons, because they may be keyed to social 

security numbers. See, e.g., Dynamic Airways, LLC, letter ruling of July 29, 

2010, Docket OST-2010-0058; Atlas Air, Inc., letter ruling of December 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 operating results, along with certain, sensitive 

salary and revenue assumptions; these were redacted in the public version. 

The Department routinely grants confidential treatment to information, such 

as applicants' revenue forecasts and details of expense calculations, where 

public disclosure would give competitors the ability to readily calculate 

sensitive commercial terms. See, e.g., Dynamic Airways; Atlas Air; 

Independence Air, Inc. and Compass Airlines, Inc., letter ruling of August 23, 

2006, Docket OST-2006-24295-4 ("the Department has generally granted 

confidential treatment to contractual agreements and financial projections 

when the nature of the information reflected in the financial statements 

could well provide commercially sensitive information to competitors") 

(emphasis added). 

In sum, the information sought to be withheld from public disclosure 

meets Department precedent for nondisclosure and the standards found in 

exemption (4) of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), in that 

it is: (1) commercial or financial, (2) obtained from a person outside 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 

Conservation Assoc. 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 Exhibits A-B be accorded confidential treatment under Rule 12. 

April 1, 2011 

Respectfully submitted, 

John R. Mietus, Jr. 

Law Office of John 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 of April, 2011 caused the 

attached Motion of Orange Air, LLC for Confidential Treatment to be served 

by electronic mail on the following persons: 

South Florida Certificate Management Office 

Federal Aviation Administration 

2895 SW 145 Avenue, Suite 291 

Miramar, Florida 33027 

John R. Mietus, Jr. 

4819·3187·9944, v. 1