u.s. Department of 

Transportation 

Office of the Secretary 

of Transportation 

December 18, 2012 

Mr. Pierre Murphy 

Law Offices of Pierre Murphy 

1200 New Hampshire Ave NW 

Suite 800 

Washington, DC 20036 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

RE: Docket DOT-OST-2012-0178, Application of Scott Air, LLC for a Certificate 

Of Public Convenience and Necessity 

Dear Mr. Murphy: 

On October 22, 2012, Scott Air LLC, ("Scott Air") filed an application in Docket DOT-OST2012-0178 requesting authority to engage in interstate scheduled air transportation of persons, 

property, and mail. In connection with these filings, Scott Air filed a motion for confidential 

treatment under 14 CFR § 302.12 ("Rule 12") of our rules to withhold from public disclosure a 

letter verifying funds available to the air carrier. In support of its motion, Scott Air states that the 

information at issue meets the requirements for exemption from public disclosure under the 

Freedom of Information Act, 5 U.S.C. Section 552(b)(4). Moreover, Scott Air states that the 

material "consists of personal financial information relating to the funding available for [Scott 

Air] ... that would not otherwise be made public." 

Rule 12 instructs us to evaluate requests for confidential treatment in accordance with the 

standards of disclosure found in the Freedom of Information Act (5 U.S.C. Section 552). 

Information may be withheld from disclosure under 5 U.S.C. 552(b)(4) if it is (1) commercial or 

financial, (2) obtained from a person outside of government, and (3) privileged or confidential 

(Gulf and Western Industries, Inc. v. United States, 615 F.2d 527, 529 (D.C. Cir 1979)). 

There is no question that the information for which Scott Air seeks confidential treatment is 

financial or commercial in nature and that it was obtained from a person outside the government. 

The remaining question is whether the information is privileged or confidential-whether 

"disclosure of the information is likely to have either of the following effects: (1) impair the 

Government's ability to obtain necessary information; or (2) cause substantial harm to the 

competitive position of the person from which the information was obtained" (National Parks 

and Conservation Association v. Morton, 498 F.2d 765, 770 (D.C. Cir 1974)). Further, to be 

privileged or confidential, the information must not be of the type that is usually released to the 

public (Gulf and Western Industries, Inc. v. United States, 615 F.2d 527, 530 (D.C. Cir 1979)). 
2 

After careful review of the motion, we have decided to deny confidentiality to the information 

for which such treatment is sought. Regarding the verification of funds letter, the Department 

requires all applicants to provide proof of adequate funding in order to assess its financial fitness. 

It is not the Department's policy to withhold from public disclosure information an applicant's 

funding plan and available financial resources. Moreover, this information was also noted in the 

air carrier's (non-confidential) application.' 

Under Rule 12, the information identified above for which confidential treatment is not granted, 

will be released to any person requesting it unless, within 5 (business) days from the date of the 

receipt of this letter, the applicant files with this office a petition for reconsideration or a written 

statement in good faith of its intent to seek judicial review of this decision. Please inform us if 

Scott Air wishes to pursue either option. If reconsideration or judicial review of this decision is 

not sought, Scott Air should immediately resubmit to the appropriate docket in this proceeding, 

the exhibit for placement on the public record. 

In the meantime, as is the Department's practice, further processing of your application will be 

deferred pending receipt of this material. Thank you for your cooperation in this matter. If you 

have any questions regarding this letter or the requested information, please feel free to contact 

Katy O'Toole of my staff at (202) 366-9998 or via email at Catherine.O'Toole@dot.gov. 

n . emo 

Chief, Air Carrier Fitness Division 

Office of Aviation Analysis 

cc: Docket DOT-OST-2012-0178 

Mr. Troy McClanahan 

FAA, POI 

Juneau FSDO AL05 

See Application of Scott Air, LLC for a Certificate ofPublic Convenience and Necessity, Exhibit 7.