\\DC - 041091/000002 - 4849811 v1 BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.
Application of COMLUX ARUBA N.V. for an exemption pursuant to 49 U.S.C. § 40109 and a foreign air carrier permit pursuant to 49 U.S.C. § 41301 (Aruba-U.S. open-skies) ) ) ) ) ) ) ) Docket DOT-OST-2013-0145

MOTION OF COMLUX ARUBA N.V. FOR CONFIDENTIAL TREATMENT Communications with respect to this document should be addressed to: Sheryl R. Israel HOGAN LOVELLS US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 Telephone: +1 202 637 8898 Facsimile: +1 866 728 1992 E-mail: sheryl.israel@hoganlovells.com Counsel for COMLUX ARUBA N.V.

July 24, 2013\\DC - 041091/000002 - 4849811 v1 BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.
Application of COMLUX ARUBA N.V. for an exemption pursuant to 49 U.S.C. § 40109 and a foreign air carrier permit pursuant to 49 U.S.C. § 41301 (Aruba-U.S. open-skies) ) ) ) ) ) ) ) Docket DOT-OST-2013-0145

July 24, 2013

MOTION OF COMLUX ARUBA N.V. FOR CONFIDENTIAL TREATMENT
Pursuant to 14 C.F.R. § 302.12, Comlux Aruba N.V. (“Comlux Aruba”) hereby moves to withhold from public disclosure the contents of Exhibit CXB-3 of its Application for an Exemption and a Foreign Air Carrier Permit. Exhibit CXB-3 consists of financial information (a draft unaudited income statement & balance sheet) pertaining to Comlux Aruba as of December 31, 2012. Such information is being submitted under seal in an envelope labeled “Confidential Treatment Requested Under § 302.12.”
The financial information that is being submitted under seal is clearly protected from public disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”), which involves “trade secrets and commercial or financial information obtained from a person and privileged or confidential.” 5 U.S.C. § 552(b)(4). This exemption has been construed to prevent public disclosure of information that is not of the type usually released to the public, and that, if released, would cause substantial harm to the competitive position of the person from whom the information was obtained. See, e.g., Gulf & Western Industries, Inc. v. United States, 615 F.2d 527, 530 (D.C. Cir. 1980); American Airlines, Inc. v. NMB, 588 F.2d 863, 871 (2nd Cir. 1978).Motion of Comlux Aruba N.V. for Confidential Treatment Page 2

\\DC - 041091/000002 - 4849811 v1 The financial information contained in Exhibit CXB-3 satisfies each element of the Exemption 4 statutory test. First, the information is commercial and, on its face, financial in nature. Second, the information has been obtained from Comlux Aruba, a privately-held company based in Aruba, which meets the definition of a “person.” Third, as explained below, the information is confidential.
According to National Parks & Conservation Ass’n v. Morton , 498 F.2d 765, 770 (D.C. Cir. 1974), information is “confidential” for purposes of FOIA Exemption 4 if it would not customarily be released to the public by the person from whom it was obtained, and if disclosure is likely to have either of the following results: “(1) to impair the Government’s ability to obtain necessary information in the future; or (2) to cause substantial harm to the competitive position of the person from whom the information was obtained.” To the best of Comlux Aruba’s knowledge and belief, under Aruban law, Comlux Aruba is not required to publicly disclose these unaudited financial statements, and Comlux Aruba therefore would not customarily release this information. Disclosure of this information would cause substantial competitive harm to Comlux Aruba in that its competitors, customers and other third parties would gain access to sensitive financial and business information about Comlux Aruba, thereby placing it at a competitive disadvantage. Moreover, the Department’s disclosure of this type of confidential financial information would undoubtedly impair the ability of the Department to obtain such information in the future.
Finally, the Department has previously granted numerous motions for confidential treatment filed by other foreign carriers seeking to withhold similar financial information submitted in connection with permit or exemption applications from public disclosure. See, e.g., Comlux Aviation AG , Order 2006-2-6, fn. 2; Comlux Malta Ltd. ,Motion of Comlux Aruba N.V. for Confidential Treatment Page 3

\\DC - 041091/000002 - 4849811 v1 Order 2008-12-15, fn. 3. Comlux Aruba’s financially sensitive information should similarly be granted confidential treatment.
WHEREFORE, Comlux Aruba N.V. moves that the Exhibit CXB-3 financial information described herein be granted confidential treatment pursuant to 14 C.F.R. § 302.12.

Respectfully submitted,

_______________________________ Sheryl R. Israel HOGAN LOVELLS US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 Telephone: +1 202 637 8898 Facsimile: +1 866 728 1992 E-mail: sheryl.israel@hoganlovells.com Counsel for COMLUX ARUBA N.V.\\DC - 041091/000002 - 4849811 v1 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion of Comlux Aruba N.V. for Confidential Treatment has been served this 24th day of July, 2013, on the following addressees:
Kris Urs Deputy Assistant Secretary for Transportation Affairs Bureau of Economic and Business Affairs Department of State 2201 C Street, NW Washington, D.C. 20520 urskr@state.gov
James Jelinski Office Manager Miami International Field Office Federal Aviation Administration 2895 S.W. 145 Ave., Suite 221 Miramar, FL 33027 james.r.jelinski@faa.gov Jocelyne Croes Minister Plenipotentiary for Aruba The Royal Netherlands Embassy 4200 Linnean Avenue NW Washington, DC 20008 jocelyne.croes@minabuza.nl

Jonathan Echmalian