Application of

BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

lu;4 JL.~if- b P 1: 3 LI o .~

JET AVIATION FLIGHT SERVICES, INC. DOCKET

for a certificate of public convenience and necessity under tJSr-2 0 /If~()0c;1

49 U.S.C. 41102 to engage in interstate charter air

transportation

MOTION OF JET AVIATioN FLIGHT SEkVICES

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE

Communications with respect to this document should be sent to:

Valerie Fattoross

Sales Contracts Administrator

JET AVIATION FLIGHT SERVICES,

INC.

112 Charles Lindbergh Drive

Teterboro, New Jersey 07608

Phone: (201) 462-4066

Fax: (201) 462-4033

June 6, 2014

David C. Agee

Amanda E. Tummons

HUSCH BLACKWELL LLP

901 St. Louis Street, Suite 1800 .

Springfield, MO 65806

Phone: (417) 268-4000

Fax: (4 I 7) 268-4040

david.agee@huschblackwell.com

amanda.tummons@huschblackwell.com

Charles D. Nottingham

HUSCH BLACKWELL LLP

750 17th Street, NW, Suite 900

Washington, D.C. 20006

Phone: (202) 378-2417

Fax: (202) 378-2319

charles.nottingham@huschblackwell.co

m

Notice: Any person who wishes to support or oppose this application must file an answer

by June 13,2014 and serve that answer on all persons served with this filing.

SPH-2 I06220-6
BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Application of

JET AVIATION FLIGHT SERVICES, INC.

for a certificate of public convenience and necessity under

49 U.S.C. 4II02 to engage in interstate charter air

transportation

DOCKET

MOTION OF JET AVIATION FLIGHT SERVICES, INC.

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE

Pursuant to section 302.12 of the Department's Rules of Practice, Jet Aviation Flight

Services, Inc. ("JAFS") hereby moves to withhold from public disclosure Exhibits E and

R. These documents are being filed with this Motion in a sealed envelope marked

"Confidential Materials - Rule 12 Treatment Requested." In support of this Motion,

JAFS submits the following:

I. Exhibit E is the Aircraft Dry Lease and Commercial Operations

Agreement between JAFS and the beneficial owner of the Airbus ACJ 318 (the "ACJ")

and Exhibit R is the Aircraft Services Agreement between JAFS and the beneficial owner

of the ACJ (Exhibits E and R, collectively, the "Agreements").

2. The information JAFS seeks to withhold from public disclosure is

(I) commercial or financial, (2) obtained from a person outside the government, and

(3) privileged or confidential. Moreover, release of this information would cause

substantial harm to the competitive position of JAFS and/or the beneficial owner of the

ACJ.

3. Both Agreements contain financial and commercial information and were

the subject of substantial negotiation between the parties. The agreed upon terms

represent a balancing of interests between JAFS and the beneficial owner. These terms do

not reflect the terms that JAFS would ordinarily give to another customer. If these terms

were to be made publicly available, JAFS would suffer significant commercial harm.

Such information could be used by competitors of JAFS to erode JAFS competitive

advantage or the information could be used by future customers of JAFS against JAFS in

future negotiations.

SPH-2106220-6
Jet Aviation Flight Services Motion to Withhold

Page 2

4. JAFS does not typically release the information contained ill the

Agreements to the public.

5. The Department's "Information Packet on How to Become a Certified Air

Carrier" provides that confidential treatment will generally be granted to types of

agreements that are similar to the Agreements.

Therefore, this information should be afforded confidential treatment by the Department.

Submitted by,

HUSCH BLACKWELL LLP

/3 e~

David C. Agee

Amanda E. Tumrnons

Charles D. Nottingham

david.agee@huschblackwell.com

amanda.tummons@huschblackwell.com

charles .nottingham(a).huschblackwell.com

Counsel for Jet Aviation Flight Services,

Inc.

Attachments

Certificate of Service

Exhibit E - Aircraft Dry Lease and Commercial Operations Agreement*

Exhibit R - Aircraft Services Agreement*

*Exhibits E and R are attached to the motion in a sealed envelope

SPH.2106220.6
CERTIFICATE OF SERVICE

I hereby certifY that I have on this day served the foregoing motion for confidential

treatment by first class mail, postage prepaid, upon the persons shown in the following

service list.

HUSCR BLACKWELL LLP

19 ---e &----.

David C. Agee

June 6, 2014

SERVICE LIST

Mark Buttikofer

Principal Operations Inspector

Federal Aviation Administration

Teterboro Flight Standards District Office

FAA-EA25

Park 80 West, Plaza One

Saddlebook, New Jersey 07763

Telephone: 210-556-6600.

SPH-2\ 06220-6