BEFORE THE DEPARTMENTOF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of ) ) VICTORYJET, LLC ) Docket OST-2011-0112 ) fora certificate ofpublic convenience and necessity ) pursuantto 49 U.S.C. 

### § 41102to engage in ) interstate chartercombination airtransportation ) 

# ---------------------------------)

MOTION OF VICTORYJET, LLC FOR CONFIDENTIALTREATMENT

Communicationswith respectto this documentshould be addressed to:

June 8, 2011 MarkW. Atwood Cozen O'Connor The Army and Navy Club Bldg. 1627 IStreet, N.W. Washington, D.C. 20006 (202) 463-2513 AttorneyforVictoryJet, LLCBEFORE THE DEPARTMENTOF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. Application of VICTORYJET, LLC for a certificate ofpublic convenience and necessity pursuantto 49 U.S.C. 

### § 41102 to engage in interstate chartercombination airtransportation ) ) ) DocketOST-2011-0112 ) ) ) ) 

# ---------------------------------)

MOTION OF VICTORYJET, LLC FOR CONFIDENTIALTREATMENT 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. Pursuantto 14 CFR Section 302.12, VictoryJet herebyfiles 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 ofthe materials is
as follows:
In support of this motion, Victory Jet states as follows. The enclosed exhibit contains confidential personal financial information belonging to thecompany'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 orconfidential." 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 orderfor information to qualifyfor Exemption 4, the information must be: 1) commercial or financial in nature; 2) obtained from a person outside the governmentstructure; and 3) privileged orconfidential. 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 notobtained from anygovernmental 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 abilityto obtain necessary information in the future; or2) 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

2performed this analysis in the context of private, personal financial information, and has held that such information may be deemed privileged orconfidential. 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' MarkW. Atwood

# ~ Cozen O'Connor The Armyand Navy Club Bldg. 1627 IStreet, N.W. Washington, D.C. 20006 (202) 463-2513 AttorneyforVictoryJet, LLC