BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of ) 

) 

VICTORY JET, LLC ) Docket OST-2011-0112 

) 

for a certificate of public convenience and necessity ) 

pursuant to 49 U.S.C. § 41102 to engage in ) 

interstate charter combination air transportation ) 

---------------------------------) 

MOTION OF 

VICTORY JET, LLC 

FOR CONFIDENTIAL TREATMENT 

Communications with respect to this document should be addressed to: 

June 8, 2011 

Mark W. Atwood 

Cozen O'Connor 

The Army and Navy Club Bldg. 

1627 I Street, N.W. 

Washington, D.C. 20006 

(202) 463-2513 

Attorney for Victory Jet, LLC 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Application of 

VICTORY JET, LLC 

for a certificate of public convenience and necessity 

pursuant to 49 U.S.C. § 41102 to engage in 

interstate charter combination air transportation 

) 

) 

) DocketOST-2011-0112 

) 

) 

) 

) 

---------------------------------) 

MOTION OF 

VICTORY JET, LLC 

FOR CONFIDENTIAL TREATMENT 

By application dated June 8, 2011, Victory Jet, LLC applied for a 

Certificate of Public Convenience and Necessity authorizing it to conduct 

interstate charter air transportation of persons, property and mail with large 

aircraft. 

Pursuant to 14 CFR Section 302.12, Victory Jet hereby files this Motion for 

Confidential Treatment and to withhold from public disclosure certain personal 

financial information contained in Exhibit VJ-12, Third Party Confirmation of 

Funds." The document is attached hereto in a sealed envelope marked 

"Confidential Treatment Requested Under § 302.12." An index of the materials is 

as follows: 

In support of this motion, Victory Jet states as follows. The enclosed 

exhibit contains confidential personal financial information belonging to the 
company's principal shareholder and CEO, which would not otherwise be subject 

to public disclosure. This information falls within Exemption 4 from the Freedom 

of Information Act, 5 U.S.C. Section 552(b)(4), which provides protection from 

disclosure for "trade secrets and commercial or financial information obtained 

from a person and privileged or confidential." See Gulf & Western Industries, Inc. 

v. United States, 615 F.2d 527 (D.C. Cir. 1974); American Airlines, Inc. v. NMB, 

588 F.2d 863, 871 (2nd Cir. 1978); and Burke Energy Corp. v. DOE, 583 F.Supp. 

507,510 (D. Kansas 1984). 

In order for information to qualify for Exemption 4, the information must be: 

1) commercial or financial in nature; 2) obtained from a person outside the 

government structure; and 3) privileged or confidential. The material contained in 

Exhibit VJ-11 clearly meets the first two requirements. First, the information is 

financial in nature, since it relates to sensitive personal, proprietary and 

privileged financial information. Second, the information is from a person outside 

the government structure, and was not obtained from any governmental entities. 

The only remaining question is whether the information is privileged for 

confidential, which is defined by the relevant case law as "whether disclosure of 

the information 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 was obtained." National Parks and Conservation Association v. 

Morton, 498 F.2d 765, 770 (D.C. Cir. 1974). The Department has previously 

2 
performed this analysis in the context of private, personal financial information, 

and has held that such information may be deemed privileged or confidential. 

WHEREFORE, for the reasons presented above, Victory Jet respectfully 

requests that the enclosed financial information be accorded confidential 

treatment under 14 CFR Section 302.12. 

Dated: June 8, 2011 

3 

Z:1;;;~h' Mark W. Atwood ~ Cozen O'Connor 

The Army and Navy Club Bldg. 

1627 I Street, N.W. 

Washington, D.C. 20006 

(202) 463-2513 

Attorney for Victory Jet, LLC