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August 29, 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

Dear Ms. Remo:

Rhoades Aviation, Inc. d/b/a Transair (“Rhoades”) hereby files this petition for reconsideration of your office’s August 23, 2012 letter ruling on Rhoades’ July 24, 2012 Motion for Confidential Treatment (“August 23 Ruling”) as it pertains to Exhibit RDS-7.

The Department’s August 23 Ruling denied confidential treatment to “Rhoades’ statement of projected assets (Exhibit RDS-7, Page 1)” but granted confidential treatment to the projected revenues and net income set forth in Exhibit RDS-7, Page 2. In addition, the August 23 Ruling granted confidential treatment to the entirety of Exhibit RDS-7, Page 3, but only as it pertains to Trans Executive Airlines, and not to Rhoades.

Rhoades requests partial reconsideration of the August 23 Ruling as follows:

First, Rhoades urges the Department to reconsider its determination that the entirety of Exhibit RDS-7, Page 1, must be publicly disclosed. Public disclosure of the “Liabilities & Equity” portion of that exhibit will result in the disclosure of Rhoades’ projected income, which the Department has agreed to accord confidentiality in its ruling granting confidentiality to Rhoades’ projected revenues and income contained on Exhibit RDS-7, Page 2. Within the “Liabilities & Equity” portion of this forecast statement is a line item for “Net Income.” The Department granted confidential treatment of that exact same information on RDS-7, Page 2 (“Confidential treatment of Rhoades’ statement of projected income (Exhibit RDS-7, Page 2) is partially granted, solely to the rows indicating projected revenues and net income: ‘Revenues’ and ‘Net Income.’” (August 23 Ruling, p. 2)). It would be inconsistent with the Department’s decision to grant confidential treatment of the Net Income on Page 2 of Exhibit RDS-7, but to require release of that same information contained on RDS-7, Page 1. As the Department stated in its August 23 Ruling, “the Department typically grants confidential treatment to an applicant’s projected revenues. WeLauralyn J. Remo

Chief, Air Carrier Fitness Division - 2 - August 29, 2012

\\DC - 038245/000001 - 3484867 v2 find that release of this information could cause substantial harm to the competitive position of the applicant. The same standard applies to an applicant’s projected future income” (p. 2).

Unless the entire Liabilities & Equity portion of Page 1 of Exhibit RDS-7 is withheld from public disclosure, Rhoades’ projected net income could be determined and disclosed by subtracting certain line items from the Total Liabilities & Equity section. Therefore, to prevent disclosure of Rhoades’ projected net income and to ensure that its competitive position is not harmed, Rhoades requests that confidential treatment be granted to all of the line items under “Liabilities & Equity.” A redacted/public version of this page is enclosed for the record. Rhoades is not seeking confidential treatment of the “Assets” portion of Exhibit RDS-7, Page 1.

Second, with respect to Exhibit RDS-7, Page 3, this page was mislabeled. It should have been labeled “Rhoades Aviation, Inc. d/b/a Transair.” A corrected Exhibit RDS-7, Page 3 is being submitted to the Department under seal. Rhoades’ July 24, 2012 Motion for Confidential Treatment applies to this corrected Exhibit RDS-7, Page 3, and the Department’s determination in the August 23 Ruling to grant confidential treatment is equally valid with respect to the corrected exhibit page. As stated in the August 23 Ruling, “the Department typically grants confidential treatment to an applicant’s projected revenue statements including revenue and cost analysis statements for particular aircraft” (p. 2). For this reason, confidential treatment of the Boeing 737 revenue cost analysis on the corrected exhibit page for the proposed operations conducted by Rhoades should also clearly be granted.

For the foregoing reasons, Rhoades hereby requests that the Department reconsider its August 23 Ruling and grant confidential treatment to (1) the Liability & Equity portion of Exhibit RDS-7, Page 1 and (2) corrected Exhibit RDS-7, Page 3 (concurrently being submitted under seal).

Respectfully submitted,

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

Attachment

cc: Reese Davidson Mary Ballard Teimour Riahi