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OST-2003-16827 - Aerodynamics - Form 41 Motion to Withhold Information from Public Disclosure
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Aerodynamics Incorporated OST-2003-16827 - Form 41 Motion to Withhold Information from Public Disclosure November 17, 2003 Motion to Withhold Information from Public Disclosure The financial information at issue cannot be disclosed publicly due to its highly sensitive and privileged nature. ADI's large aircraft is dedicated almost exclusively to the operation of a corporate shuttle for a Fortune 50 company. If the information at issue were disclosed, the customer could easily determine ADI's operating margin on the shuttle, causing substantial competitive harm to ADI by placing it in a greatly disadvantaged bargaining position. The shuttle customer, as a Fortune 50 company, already holds a stronger bargaining position than ADI. Armed with ADI's profit margin, it could pressure ADI to reduce its price and/or provide the information to other air carriers, inviting them to develop a replacement operation at a lower price. Such a result would cause extreme and irreversible harm to ADI. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970
January 28, 2004 Motion to Withhold Information from Public Disclosure Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970
February 4, 2004 Motion to Withhold Information from Public Disclosure By: Aerodynamics, Richard Appleman, 248-666-3500, rappleman@flyadi.com
April 26, 2004 Motion to Withhold Information form Public Disclosure By: Aerodynamics, Richard Appleman, 248-666-3500, rappleman@flyadi.com
July 20, 2004 Motion to Withhold Information from Public Disclosure By: Richard Appleman
August 30, 2004 Petition for Review of Staff Action Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3974, agoerlich@ggh-airlaw.com
October 8, 2004 Re: Petition for Review of Staff Action In the referenced petition, Aerodynamics Incorporated stated that its large‑aircraft charter customer, a Fortune 50 company, if in possession of ADI's large‑aircraft confidential financial information ‑ could and likely would pressure ADI to reduce its price at contract renewal time or sooner, and/or could provide the information to other air carriers, inviting them to develop a replacement operation at a lower price. Alternatively (or additionally), ADI's competitors would gain an unfair advantage in efforts to solicit the Fortune 50 company's business, since they would have ready access to real‑world cost information applicable to the specific operation at issue. In either case, such a result would cause extreme and irreparable harm to ADI's competitive position. ADI's concerns are both genuine and tangible. Release of the financial data at issue even five years after filing would be highly problematic given the triennial contract renegotiation cycle ADI anticipates. ADI therefore reiterates its request that the Department permanently maintain the confidentiality of the information at issue, or, alternatively, that it withhold that information from public disclosure for a minimum of 10 years. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970
November 11, 2004 Motion to Withhold Information from Public Disclosure By: Richard Appleman, 248-666-3500, rappleman@flyadi.com
November 30, 2004 Motion to Withhold Information from Public Disclosure By: Richard Appleman, 248-666-3500, rappleman@flyadi.com
January 31, 2005 Motion to Withhold Information from Public Disclosure By: Richard Appleman, 248-666-3500, rappleman@flyadi.com
April 28, 2005 Motion to Withhold Information from Public Disclosure Counsel: Aerodynamics Incorporated, Richard Appleman
July 29, 2005 Form 41 Motion to Withhold Information from Public Disclosure Aerodynamics Incorporated files this motion for confidential treatment of information submitted in the accompanying sealed envelope and captioned Form 41, Schedules P-5. I and P-6 (in their entirety) and Schedule P-1.2 (specified line items). This information is being reported to the Department in accordance with the requirements of 14 C.F.R. Part 241 with respect to the second quarter of 2005. As discussed below, ADI requests confidentiality to assure the integrity of its competitive position in respect of its present and future operations of large aircraft. Counsel: Aerodynamics, Richard Appleman, 248-666-3500, rappleman@flyadi.com
October 31, 2005 Motion to Withhold Information from Public Disclosure Aerodynamics Incorporated files this motion for confidential treatment of information submitted in the accompanying sealed envelope and captioned Form 41, Schedules P-5. I and P-6 (in their entirety) and Schedule P-1.2 (specified line items). This information is being reported to the Department in accordance with the requirements of 14 C.F.R. Part 241 with respect to the third quarter of 2005. As discussed below, ADI requests confidentiality to assure the integrity of its competitive position in respect of its present and future operations of large aircraft. The financial information at issue cannot be disclosed publicly due to its highly sensitive and privileged nature. ADI's large aircraft is dedicated almost exclusively to the operation of a corporate shuttle for a Fortune 50 company. If the information at issue were disclosed, the customer could easily determine ADI's operating margin on the shuttle, causing substantial competitive harm to ADI by placing it in a greatly disadvantaged bargaining position. The shuttle customer, as a Fortune 50 company, already holds a stronger bargaining position than ADI. Armed with ADI's profit margin, it could pressure ADI to reduce its price and/or provide the information to other air carriers, inviting them to develop a replacement operation at a lower price. Such a result would cause extreme and irreversible harm to ADI. Counsel: Aerodynamics, Richard Appleman, 248-666-3500, rappleman@flyadi.com
October 31, 2005 Motion to Withhold Information from Public Disclosure Aerodynamics Incorporated files this motion for confidential treatment of information submitted in the accompanying sealed envelope and captioned Form 41, Schedules P-5. I and P-6 (in their entirety) and Schedule P-1.2 (specified line items). This information is being reported to the Department in accordance with the requirements of 14 C.F.R. Part 241 with respect to the third quarter of 2005. As discussed below, ADI requests confidentiality to assure the integrity of its competitive position in respect of its present and future operations of large aircraft. The financial information at issue cannot be disclosed publicly due to its highly sensitive and privileged nature. ADI's large aircraft is dedicated almost exclusively to the operation of a corporate shuttle for a Fortune 50 company. If the information at issue were disclosed, the customer could easily determine ADI's operating margin on the shuttle, causing substantial competitive harm to ADI by placing it in a greatly disadvantaged bargaining position. The shuttle customer, as a Fortune 50 company, already holds a stronger bargaining position than ADI. Armed with ADI's profit margin, it could pressure ADI to reduce its price and/or provide the information to other air carriers, inviting them to develop a replacement operation at a lower price. Such a result would cause extreme and irreversible harm to ADI. Counsel: Aerodynamics, Richard Appleman, 248-666-3500, rappleman@flyadi.com
November 30, 2005 Motion to Withhold Information from Public Disclosure The material for which confidentiality is sought includes ADI’s operating costs and certain revenue items pertaining exclusively to its sole large aircraft. The aircraft, an F28-4000, is configured for 48 passengers but is classified as large based on its design seating capacity. Counsel: Aerodynamics, Richard Appleman, 248-666-3500, rappleman@flyadi.com
December 2, 2005 Letter Requesting Review of Initial Decision This letter is in response to an August 30, 2004 petition, under 14 C.F.R. 385.30 et seq., requesting a review of the July 30, 2004 Office of Airline Information, Bureau of Transportation Statistics initial decision. The initial decision denied your client’s November 17, 2003 request (the request, see Docket No. OST-2003-16827) to withhold, from public disclosure, certain financial information. The initial decision found that: “ADI has failed to demonstrate how the release of the quarterly reports could cause substantial competitive harm.” In a January 28, 2004 motion, ADI requested confidentiality for the information filed on its Schedule P-6 (33 line items; see Docket No. OST-2003-16827). In its various correspondences, ADI has maintained that release of this information would cause ADI “substantial competitive harm.” Based on the passage of time, I am requesting that your client certify that the material facts and circumstances that supported its petition remain unchanged (e.g., over 90% of the aircraft’s flights were operated for a single corporate customer, the same number and type of aircraft are in operation, etc.). Please have an officer of the corporation complete a certification or, in the alternative, please have the officer indicate which material facts have changed since your client filed its petition. A response is due within 14 days of your receiving this letter. By: BTS, Robert Monniere
December 20, 2005 Re: Petition for Review of Staff Action By: Richard Appleman
January 31, 2006 Motion to Withhold Information from Public Disclosure ADI requests that confidential treatment be accorded all information it files with the Department (i) under Form 41 Schedule P-5.1, Schedule P-6 and (ii) under Form 41 Schedule P-1.2 Accts. No. 3907.1, 5100, 5400 and all related totals, specifically including the reports pertaining to the quarter ended December 31, 2005. Counsel: ADI, Richard Appleman, 248-666-3500, rappleman@flyadi.com
February 1, 2006 BTS Letter Affirming Denial of Request This decision is in response to an August 30, 2004, petition requesting a review of the July 30, 2004, Office of Airline Information, Bureau of Transportation Statistics initial decision. The initial decision denied your client's November 17, 2003, request (the request, see Docket No. OST-2003- 16827) to withhold, from public disclosure, certain financial information. The initial decision found that ADI failed to demonstrate how the release of the quarterly reports could cause substantial competitive harm. I affirm this OAI staff action. By: BTS, Mary Hutzler
February 21, 2006 Withdrawal of Motions to Withhold Information from Public Disclosure In view of the Department's decision dated February 1, 2006, Aerodynamics Incorporated hereby withdraws all Motions to Withhold Information from Public Disclosure filed in this docket. ADI no longer objects to public availability of the information at issue. Counsel: Garofalo Goerlich, Aaron Goerlich, 202-776-3970 |
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