### BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.
Application of ) ) :··- i

:·';. L f- ·' ·. . ..,/

**~-..J**


### Menagerie Enterprises, Inc. d/b/a ) DOCKET No, JJO'T -OS

**-r~** 2ol'i -Dt CJ

### z. MonarchAir ) ) 

### For authorityto conduct scheduled ) Passenger operations as a commuter air ) Carrier under 49 U.S.C. 41738 )

MOTION OF MENAGERIE ENTERPRISES D/B/A MONARCH AIR

TO WITHHOLD INFORMATION FROMPUBLIC DISCLOSURE Communications withrespect to this document should be sentto:

November 7, 2014 Rebecca 

### B. MacPherson Jones Day 51 LouisianaAve., NW Washington, DC 20001 Telephone: 202-879-3939 Fax:202-626-1700 Email: rmacpherson@jonesday.com

Notice: Any person who wishes to support or opposethis application must file an answerby October [7 days after receipt by DOT] and serve that answer on all persons served with this filing.Application of BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Menagerie Enterprises, Inc. d/b/a Monarch Air ) ) ) ) ) ) ) ) DOCKET No. 'Qc>T-O.ST- '2 oiL# -ciq2-
For authority to conduct scheduled Passenger operations as a commuter air Carrierunder 49 U.S.C. 41738

MOTION OF MENAGERIE ENTERPRISES D/B/A MONARCH AIR

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE
Pursuantto section 302.12 ofthe Department's Rules ofPractice, Menagerie Enterprises, Inc. d/b/aMonarch Airhereby moves to withhold from public disclosure Exhibits 8A-H, 9, 13, and 14 to the above-captioned application for issuance ofcommuter air carrier authority. These documents are beingfiled with this Motion in a sealed envelope marked "Confidential Materials -Rule 12 Treatment Requested." In support ofthis Motion, Menagerie Enterprises, Inc submits the following:

• Exhibits 8A-H consist ofexisting leasing agreements between Menagerie Air and the owners ofthe aircraft. Exhibit 8A. Exhibit 8B. Exhibit 8C. Exhibit 8D. Exhibit 8E. Exhibit 8F. Exhibit 8G. Exhibit 8H. List ofCurrent Aircraft Fleet Aircraft Management Agreement and Operating Agreement for N118GW Aircraft lease Agreement for N161RC Aircraft Management Agreement and Operating Agreement for N214GB Aircraft Lease Agreement for N38MG Aircraft Management agreement and Operating Agreement for N41C Aircraft Lease Agreement for N407W Aircraft Lease Agreement for N514DS
• Exhibits 9, 13 and 14 provide information from Menagerie Enterprises, Inc.'s financial institutions related to existing letters ofcredit and willingness to extend additional financing, as well as information on existing balances and secured debt. Exhibit 9. Letter from Steve Young, Legacy Texas Bank, dated October 31, 2014Exhibit 13. Exhibit 14. Letter from Steve Young, Legacy Texas Bank, dated October 1, 2014 Letter from DonaldJones, BB&T, dated October 6, 2014 The information Menagerie Enterprises, Inc. seeks to withhold from public disclosure is (1) commercial or financial, (2) obtained from a person outside the government, and (3) privileged or confidential. Moreover, release ofthis information would cause substantial harm to the competitive position ofMenagerie Enterprises, Inc. orthe individual from whom the information was obtained and serve no public interest ifreleased. Exhibits 8A-8H, 9, 13, and 14 contain sensitive financial and commercial information that could be used by competitors to impedethe applicant's plans to undertake the proposed air service. Moreover, the information inthese exhibits is highly detailed and would not otherwise be made accessible to persons outside the company. As such, the information is entitledto non-disclosure under section 552(b) (4) oftitle 5 ofthe United States Code. Therefore, this information shouldbe afforded confidential treatmentbythe Departmentunder Rule 12.

Attachments Certificate ofService Exhibits

2 Submittedby,



# ~~~*/J- Rebecca B. MacPherson Counsel for Menagerie Enterprises, Inc.CERTIFICATE OF SERVICE I hereby certifythat I have onthis day served the foregoing motion for confidential treatment, without attachments, by first class mail, postage prepaid, uponthepersons shown inthe following service list.

Counsel for Menagerie Enterprises, Inc.
November 7, 2014 SERVICE LIST CameronBaker FAANorth Dallas Flight Standards District Office 8700 Freeport Parkway Irving, TX 75063 Director ofOperations Love Field Airport Love FieldTerminal Building 8008 Cedar Springs Road, LB16 Dallas, TX 75235 Director ofOperations William P. Hobby Airport 7800 Airport Blvd. Houston, TX 77061
Director ofOperations Austin-Bergstrom International Airport 3600 Presidential Blvd. Austin, TX 78719 Director ofOperations SanAntonio International Airport 9800 Airport Blvd. SanAntonio, TX 78216

3Director ofOperations Midland International Airport 9506 La Force Blvd. Midland, TX 79706 Director ofOperations Tulsa International airport 7777 E. Apache St. Tulsa, OK 74115 Director ofOperations Will Rogers World Airport 7100 Terminal Dr. Oklahoma City, OK 73159

4