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) ) ____________________________________)

M OTION FOR CONFIDENTIAL TREATMENT OF SOUTHER N 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

in formation 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 l isted

documents and information contained therein be treated CONFIDENTIAL and withheld
from public disclosure.
In support of this motion Southern Air Charter Co., Ltd s ets 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

20 11 and 20 10
, 8 pages

. An index listing the documents sought to be withheld is contained o n 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 f rom a person ...” 5 U.S.C. §552(b)(4).
Information regarding authority and insurance together with t he 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 statemen ts, 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 cl ear
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. Additionally3 there has been no challenge by the public to the financial fitness of this applicant since
the filing of th e 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 Sout hern Air Charter Co., LTD4 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 Accounta nts Report 2011 and 2010

. The documents consist of eight pages.