Q 

US. Department of 

Transportation 

Office of the Secretary 

of Transportation 

August 16, 2010 

Mr. Christopher B. Behnam 

President and CEO 

Friendship Airways Inc. d/b/a Yellow Air Taxi 

4201 Ravenswood Road 

Fort Lauderdale, FL 33312 

Re: Docket DOT-OST-2005-21533 

Application of Friendship Airways Inc. d/b/a Yellow Air Taxi 

For Commuter Air Carrier Authorization 

Dear Mr. Behnam: 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

On February 24, 2010, Friendship Airways Inc. d/b/a Yellow Air Taxi ("YAT"), filed an 

application in Docket DOT-OST-2005-21533 requesting that the Department find it fit to resume 

operations as a commuter air carrier. YAT supplemented its application with additional 

information on June 14, and July 29, 2010. In connection with this filing, CSA filed a motion for 

confidential treatment under 14 CFR 302.12 (Rule 12) of our Procedural Regulations for certain 

information the company was providing. The purpose of this letter is to rule on the motion and 

request additional information. 

In its motion, YAT requested that the Department withhold the details of Exhibit YAT-605, a 

letter from a third-party institution providing a line-of-credit to the air carrier. YAT states in its 

motion that the information provided "contains sensitive commercial information which could be 

used by YAT's competitors or potential competitors." 

Rule 12 instructs us to evaluate requests for confidential treatment by 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 arid Western Industries, 

Inc. V. United States, 615F.2d 527, 529 (D.C. Cir. 1979)). 

There is no question that the information for which YAT 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 

from whom 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, 615F.2d 527,530 (D.C. Cir. 1979)). 

We have reviewed the material submitted and have decided to grant confidential treatment to 

some, but not all, of the information for which such treatment is sought. 

YAT-605 contains information related to financing agreements for a line-of-credit and is the type 

of information we have granted confidential treatment in the past. Therefore, we will grant 

confidentiality to the interest rate. If not otherwise specified, the remaining information is to be 

considered public record. A redacted YAT-605 should be placed in the public docket. 

We also require additional documentation regarding the actual line-of-credit, and information 

regarding the third party institution granting such line-of-credit. Documentation should include 

the total line-of-credit being made available, the amount such credit line has been drawn down to 

date, any conditions that must be met before funds will be advanced, the terms of repayment, and 

the expiration date. Further, because the line-of-credit is being supplied by an individual or 

organization (other than a recognized financial institution) copies of the personal or corporate 

financial statements of the individual or organization should also be provided. 

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 

YAT wishes to pursue either option. If reconsideration or judicial review of this decision is not 

sought, YAT should immediately resubmit to the appropriate docket, the redacted exhibits and 

those which confidentiality has been denied, 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) 366-9721 or via email at Catherine.O'Toole@dot.gov. 

Sincerely, 

Lauralyn J. Remo 

Chief, Air Carrier Fitness Division 

Office of Aviation Analysis 
cc: Docket DOT-OST-2005-21533 

Mr. Jerry Proenza 

Flight Standards District Office 

Federal Aviation Administration 

2895 SWW 145"" Avenue 

Suite 120 

Miramar, FL 33027