BEFORE THE 

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

APPLICATION OF: )

)

SOUTHER AIR CHARTER CO.., LTD ) Docket – OST – 2010 – 0027

)

FOR EXEMPTION PURSUANT TO )

49 U.S.C. §40109(c) )

____________________________________)

MOTION FOR CONFIDENTIAL TREATMENT OF 

SOUTHERN AIR CHARTER CO.., LTD

FOR FINANCIAL AND OTHER INFORMATION SUBMITTED

IN SUPPORT OF RENEWAL OF 

EXEMPTION PURSUANT TO 49 U.S.C. §40109

Southern Air Charter Co. Ltd, hereby objects to the public disclosure of specific 

information being submitted in support of its application for exemption pursuant to 49 

U.S.C. §40109. Therefore, pursuant to Rule 12 of the Department’s Rules of Practice (14 

C.F.R. § 302.12) Southern Air Charter Co. Ltd, respectfully moves that the below listed 

documents and information contained therein be treated CONFIDENTIAL and withheld 

from public disclosure.

In support of this motion Southern Air Charter Co., Ltd sets out the following:

1. The documents being submitted that we claim should be treated as 

CONFIDENTIAL and not made available to the public are:

- AIR OPERATOR CERTIFICATE, 1 page.
2

- CERTIFICATE OF INSURANCE, 3 pages.

- Financial Statements and Accountants Report

 2011 and 2010, 8 pages.

An index listing the documents sought to be withheld is contained on the last page of this 

submission.

2. There exists a specific provision in the Freedom of Information Act that 

exempts from disclosure information that is can be described as “trade secrets and 

commercial or financial information obtained from a person ...” 5 U.S.C. §552(b)(4). 

Information regarding authority and insurance together with the past financial statements, 

and any projections of revenue and expenses clearly falls within the express and intended 

definition of both trade secrets and commercial and financial information that is 

privileged and confidential. The disclosure of such information to the public or 

competitors would be harmful to the business of this applicant.

3. Disclosure of business relationships, past financial statements, together 

with projections of revenue and expenses based upon operations in the United States

would provide those that currently compete with the applicant and any wishing to 

evaluate their ability to compete all the information necessary to obtain a clear 

competitive advantage in all areas of the operation. The most obvious would be pricing

of charter services. Other examples would be information regarding costs and its impact 

in negotiations with the same or similarly situated vendors, supplies, etc.

4. The information is not necessary or required for disclosure to the public 

because the public does not make any evaluation into the financial fitness of the applicant 

who wishes to conduct the proposed service. The evaluation of financial fitness is a 

determination to be made by the Office of the Secretary of Transportation. Additionally 
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there has been no challenge by the public to the financial fitness of this applicant since 

the filing of the first application in January, 2010, so no additional basis for public 

disclosure is present.

WHEREFORE, Southern Air Charter Co., Ltd., respectfully request that the 

Department of Transportation grant the request that the documents identified herein be 

determined to be “CONFIDENTIAL,” treated as “CONFIDENTIAL,” withheld from 

public disclosure.

Respectfully submitted,

McDONALD, TINKER, SKAER,

 QUINN & HERRINGTON, P.A.

300 W. Douglas, Suite 500

Wichita, Kansas 67202

(316) 263-5851

(316) 263-4677 fax

By: ___s/ Kevin M. McMaster__________

 Counsel for Southern Air Charter 

Co., LTD
4

CONFIDENTIAL TREATMENT REQUESTED UNDER §302.12

INDEX

1. AIR OPERATOR CERTIFICATE

The document consists of one page.

2. CERTIFICATE OF INSURANCE

The document consists of three pages.

3. Financial Statements and Accountants Report 2011 and 2010.

The documents consist of eight pages.