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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. We
Lauralyn J. Remo

Chief, Air Carrier Fitness Division

- 2 - August 29, 2012

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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