BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

____________________________________________ 

Application of: ) 

 ) 

Friendship Airways, Inc. ) 

 ) 

For authority to Resume Scheduled ) Docket No. OST-05-21533- _______ 

Passenger Operations as a Commuter Air Carrier ) 

Pursuant to 49 U.S.C. §41738 ) 

 ) 

_____________________________________________ ) 

MOTION OF FRIENDSHIP AIRWAYS, INC. TO WITHHOLD

CONFIDENTIAL INFORMATION FROM PUBLIC DISCLOSURE

Communications with respect to this document should be sent to: 

Christopher B. Behnam 

President & CEO 

Friendship Air3ways, Inc. d/b/a/ Yellow Air Taxi 

4201 Ravenswood Road 

Fort Lauderdale, FL 33312 

Telephone: (954) 321-0292 

Fascimile(954) 321-0252 

Email: Christopher@flyyellowairtaxi.com

NOTICE: ANY PERSON WHO WISHES TO SUPPORT OR OPPOSE THIS APPLICATION SHOULD 

FILE BY AUGUST 19, 2010 AN ANSWER WITH THE DEPARTMENT AND SERVE A COPY ON 

ALL PERSONS ON THE ATTACHED SERVICE LIST. 

APPLICANT REQUESTS THAT THIS APPLICATION BE PROCESSED BY THE NON-HEARING 

PROCEDURES UNDER SUBPART B OF THE DEPARTMENT OF TRANSPORTATION’S RULES 

OF PRACTICE. 

JULY 29, 2010 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

____________________________________________ 

 ) 

Application of: ) 

 ) 

Friendship Airways, Inc. ) 

 ) 

For authority to Resume Scheduled ) Docket No. OST-05-21533- _______ 

Passenger Operations as a Commuter Air Carrier ) 

Pursuant to 49 U.S.C. §41738 ) 

 ) 

___________________________________________ ) 

MOTION OF FRIENDSHIP AIRWAYS, INC. TO WITHHOLD

CONFIDENTIAL INFORMATION FROM PUBLIC DISCLOSURE

 Pursuant to 14 C.F.R., §302.12 and the Department’s Rules of Practice, the applicant in 

this proceeding, Friendship Airways, Inc. d/b/a Yellow Air Taxi (herein referred to as “Yellow Air Taxi” 

or “Applicant”), hereby moves to withhold from public disclosure the attached Exhibit YAT-605 page 2 

of 2. This document is being filed with this Motion in a sealed envelop marked “confidential Materials – 

Rule 12 Treatment Requested.” In support of this Motion, Yellow Air Taxi submits the following: 

1. The information set forth in the attached exhibit identifies the institution at which Yellow Air 

Taxi has the Line of Credit, and consists of sensitive financial information relating to the 

funding available for Yellow Air Taxi. This sensitive information would not otherwise be 

made public. 

2. The Department’s applicable standards require the Department to evaluate requests for 

confidential treatment in accordance with the standards of disclosure found in the Freedom of 

Information Act, 5 U.S.C. §552, under which, information may be withheld from public 

disclosure if it is: (1) commercial or financial, (2) obtained from a person outside the 
MOTION OF YELLOW AIR TAXI 

government, and (3) privileged or confidential.” See: Gulf & Western Industries, Inc., v. 

U.S., 615 F. 2d 527, 529 (D.C. Cir.). 

3. Yellow Air Taxi submits that there can be no question that the information for which 

confidentiality is sought herein is financial and commercial in nature or that it was obtained 

from a person outside of the government. As to whether the information is privileged or 

confidential in that its “disclosure ... is likely to have either of the following effects: (1) to 

impair the government’s ability to obtain necessary information in the future; or (2) to cause 

substantial harm to the competitive position of the person from whom the information is 

obtained” (see: National Parks & Conservation Association v. Morton, 498 F. 2d 765, 770 

(D.C. Cir. 1974)), or that the information is of the type that is not usually released to the 

public (see: Gulf & Western, supra, 615 F. 2d @ 530), Yellow Air Taxi submits that the 

private and financial information herein is clearly privileged and confidential. 

4. Exhibit YAT-605 page 2 of 2 contains sensitive commercial and financial information, 

including proprietary and confidential personal details which could be used by Yellow Air 

Taxi’s competitors or potential competitors. Further, and more importantly, the information 

in this exhibit would not otherwise be made available to persons wither inside or outside the 

company. This information is of the type the Department normally grants confidential 

treatment (e.g. see: Brendan Airways, LLC, Docket OST-00-8029) and the document herein 

should be afforded confidential treatment by the Department. 

WHEREFORE, Friendship Airways, Inc. d/b/a Yellow Air Taxi respectfully requests that the 

Exhibit YAT-605 page 2 of 2, submitted in a sealed envelope with this Motion, be accorded confidential 

2 
MOTION OF YELLOW AIR TAXI 

treatment pursuant to 14 C.F.R. §302.12. In the alternative, Yellow Air Taxi requests such other, or 

different relief as the Department may deem necessary and proper. 

 Respectfully submitted, 

 Christopher B. Behnam 

President & CEO 

Friendship Air3ways, Inc. d/b/a/ Yellow Air Taxi 

4201 Ravenswood Road 

Fort Lauderdale, FL 33312 

Telephone: (954) 321-0292 

Facsimile: (954) 321-0252 

Email: Christopher@flyyellowairtaxi.com

3   
CERTIFICATE OF SERVICE 

 

 I certify that on this 29th day of July 2010 a copy of the foregoing motion of friendship Airways, 

Inc. was served by first class mail, postage prepaid, on the parties named below: 

Mr. Jerry Proenza 

Flight Standards District Office #17 

Federal Aviation Administration 

2895 SW 145th Avenue 

Suite #120 

Miramar, FL 33027 

______________________________________ 

Elizabeth M.J. Behnam