Application of BEFORE THE U.S DEPARTMENT OF TRANSPORTATION

- - OFFICE OF THE SECRETARY WASHINGTON, DC

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1263343 ALBERTA INC d/b/a ENERJET ) ) ) ) ) Docket DOT-OST-2009-0010 ) For exemption authority pursuantto ) 49 U.S.C §40109 and a foreign air carrier ) permitpursuantto 49 U.S.C § 41302 )



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MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 Communications withrespect to this document should be sent to:

Filed onJanuary 8, 2013 Robyn L. Mandel Katten Muchin Rosenman LLP 2900 K St, N.W., Suite 200 Washington, D.C. 20007-5201 Telephone: (202) 625-3524 Facsimile: (202) 295-7570 robyn.mandel@kattenlaw.com Counsel for 1263343AlbertaInc. d/b/a enerjetBEFORE THE U.S DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, DC ) Application of ) ) 1263343 ALBERTA INC ) d/b/a ENERJET ) ) For exemption authority pursuant to ) 49 U.S.C §40109 and a foreign air carrier ) permitpursuantto 49 U.S.C §41302 )

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### ) Docket DOT-OST-2009-0010

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 1263343 Alberta Inc d/b/a enerjet ("enerjet"), a Canadian aircraft operator, hereby
moves for confidential treatment ofExhibit 4 (Financial Forecast), Exhibit 5 (Ownership Structure) and Exhibit 6 (Audited Financials) to its Application for Amended ForeignAir Carrier Permit and Exemption Authority in this Docketpursuant to Rule 12 ofthe Department's Rules ofPractice (14 C.F.R. § 302.12). The confidential informationhas been filed under seal and with the marking "Confidential Treatment Requested Under 14 C.F.R. § 302.12", as provided in 14 C.F.R. §302.12. Approval ofenerjet's request for confidential treatment would be consistent with the Department's Rules andthe Freedom oflnformationAct (5 U.S.C. § 552(b)(4)). The filing contains sensitive information which, ifreleased publicly, could cause substantial competitive harm to enerjet. This information would not otherwise be disclosed to the public by enerjet.
To be withheld from public disclosure under Rule 12, documents must contain information that is (1) commercial or financial; (2) obtained from a person outside ofEnerjet Motion for Confidential Treatment Page 2 of3 government; and (3) privileged or confidential. The information for which confidentiality is requested satisfies requirements one and two, inthat it consists ofcommerciallysensitive and financial information ofenerjet that was obtained directly from enerjet.
Withregard to the confidentiality ofExhibit 6 (Audited Financials), it satisfies the third requirement as well, as this is the type ofinformationthat has been considered confidential by the Department in the past. Additionally, release ofthis financial information would cause substantial harm to the competitive position ofenerjet and would impairthe government's ability to collect such informationinthe future. Should this information be made public, it could permit enerjet's competitors to gain insights into the company, its operatingplans and its funding that couldbe used by them to undermine its service, resulting in great economic harm to enerjet, its investors and competition. Similarly, with regard to the confidentiality ofExhibit 5 (Ownership Structure), under Canadian law, enerjet is not required to publicly disclose the identity ofits private investors, and enerjet therefore would not customarily release this information. Disclosure ofthis information could cause substantial competitive harm by allowing enerjet's competitors and otherthird-parties to gain access to the identity ofenerjet's individual investors. This is sensitive business information and would thereby place enerjet at a competitive disadvantage. Furthermore, the information in each ofthe Exhibits for which confidential treatment is being sought may properlybe withheld from public disclosure under Exemption 4 ofthe Freedom oflnformationAct, 5 U.S.C. § 552(b)(4), which permits protection from disclosure for "trade secrets and commercial or financial informationEnerjet Motion for Confidential Treatment Page 3 of3 obtained from a person and privileged or confidential." See, e.g., Gulf& Western Industries, Inc. v. UnitedStates, 615 F.2d 527 (D.C. Cir. 1979); CriticalMass Energy Project v. NRC, 975 F.2d 871 (D.C. Cir. 1992). The Freedom oflnformation Act, 5 U.S.C. § 552(b)(4), provides thatprivileged or confidential commercial and financial information obtained from a privateperson is specifically exempted from the requirements ofpublic disclosure due to its business-sensitive nature. The information for which this motionrequests confidential treatment is confidential and proprietary commercial and financial information ofa private party and the public release ofthis information would cause competitive and financial injury to thatparty. Accordingly, the information should be withheld from public disclosure. WHEREFORE, enerjetrespectfully moves thatthe attached Exhibits 4, 5 and 6 submitted under seal with this motionbe withheld from public disclosure for a period of ten (10) years, pursuantto Rule 12 ofthe Department's Rules ofPractice in Proceedings.

Date: January 8, 2013 Respectfully submitted, Katten MuchinRosenman LLP By: RobynMandel 2900 K Street, N.W., Suite 200 Washington, DC 20007 Telephone: 202-625-3524 Fax: 202-298-7570 Counsel for 1263343AlbertaInc d/b/a enerjet