BEFORE THE 

U.S.DEPARTMENTOFTRANSPORTATION·:··: ~~· --k ,\'I· 2,_ WASHINGTON, D.C. --·. ... .. ~ .-, I • 0 

Application of 

AIRASIA X BERHAD 

for an exemption pursuant to 49 U .S.C. § 40 I 09 

and a foreign air carrier penn it pursuant 

to 49 U .S.C. § 4130 I (Malaysia- U.S.) 

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Docket No. OST-2015-

________________________________) 

April3, 2015 

MOTION FOR CONFIDENTIAL TREATMENT UNDER RULE 12 

Communications with respect to this document should be addressed to: 

Josh Romanow 

Jennifer Trock 

Peter Nelson 

PILLSBURY WINTHROP 

SHAW PITTMAN LLP 

1200 Seventeenth Street NW 

Washington, DC 20036 

Phone: + 1-202-663-8000 

Fax: + 1-202-663-8007 

Email: romanow@pillsburylaw.com 

jenn i fer.trock@pi llsburylaw .com 

peter.nelson@pillsburylaw.com 

Counsel for AirAsia X Berhad 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

Application of 

AIRASIA X BERHAD 

for an exemption pursuant to 49 U.S.C. § 40 I 09 

and a foreign air carrier permit pursuant 

to 49 U.S.C. § 4130 I (Malaysia- U.S.) 

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) 

) 

) 

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) 

) _____________________________) 

Docket No. OST-2015-

MOTION FOR CONFIDENTIAL TREATMENT UNDER RULE 12 

Pursuant to Rule 12 of the Department's Rules of Practice, 1 Air Asia X Berhad ("Air Asia 

X"), an air carrier of Malaysia, hereby respectfully moves to withhold from public disclosure 

Exhibit I to its Application for an Exemption and Foreign Air Carrier Permit, filed with the 

Department on April 3, 2015, which contains Air Asia X's first-year traffic and financial forecast 

(the "Exhibit"). 

The information contained in the Exhibit is being submitted in the form of a Confidential 

Exhibit to AirAsia X's application, which is attached hereto in a sealed envelope and marked in 

accordance with Rule 12. As more fully stated herein, this information contains certain 

proprietary, commercially-sensitive, and confidential business infonnation. In support thereof, 

AirAsia X states as follows: 

1. Rule 12 of the Department's Rules of Practice instructs the Department to 

evaluate requests for confidential treatment by the standards of disclosure found in the Freedom 

of Information Act, 5 U.S.C. § 552 ("FOIA"). Information may be withheld from disclosure 

I 14C.F.R.§302.12. 
under 5 U.S.C. § 552(b)(4) if it is (I) commercial or financial, (2) obtained from a person outside 

of government, and (3) privileged or confidential. Gulf and Western Indus., Inc. v. United States, 

615 F.2d 527, 529 (D.C. Cir. 1979). As to the third prong of this test, the Department must 

consider whether "disclosure of the information is likely to have either of the following effects: 

(I) impair the government's ability to obtain necessary infonnation; or (2) cause substantial 

harm to the competitive position of the person from whom the information was obtained." 

National Parks and Conservation Assoc. v .. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974). Finally, 

to be privileged or confidential, the information must not be of the type that is usually released to 

the public. Gulf and Western, at 530. Air Asia X's Exhibit meets these standards for protection. 

2. AirAsia X's Exhibit includes sensitive business and financial data relevant to the 

Department's review of AirAsia X's application for an exemption and foreign air carrier permit. 

Public disclosure of this information would cause substantial hann to AirAsia X's competitive 

position and investors by disclosing details of its otherwise confidential business and financial 

activities. Third parties could obtain this information and use it to undermine AirAsia X's 

operations, thus causing economic harm to Air Asia X. 

3. The confidential infonnation must be obtained from a person outside of 

government to be granted confidential treatment. AirAsia X is a public limited company based 

in Malaysia, which meets the definition of "person outside of government." 

4. AirAsia X does not release its future financial projections to the public. As such, 

the information in the Exhibit is privileged and should be given confidential treatment. 

5. In sum, the information that is sought to be withheld from public disclosure meets 

the standards for nondisclosure found in exemption (4) of FOIA, 5 U.S.C. § 552(b)(4), in that it 

is (1) commercial or financial, (2) obtained from a person outside the government, and (3) 

2 
privileged or confidential. See Gulf & Western Industries, Inc. v. United States, 615 F.2d 527, 

529 (D.C. Cir. 1979); National Parks and Conservation Assoc. v. Morton, 498 F .2d 765, 770 

(D.C. Cir. 1974). 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 Azul 

Lin has Aereas Brasileiras SA., Order 2014-9-7, fn. 2; Com lux Aruba N. V., Order 20 13-11-5, fn. 

2; Mid/ex Airlines, Order 2010-11-20, fn. 2; 1263343 Alberta Inc. d/b/a Ene1jet, Order 2009-3-

22, fn. 2; Comlux Malta Ltd., Order 2008-12-15, fn. 3; ACA1 Air Charter Luftfahrtgesel/schaft 

MBH, Order 2006-7-6, fn. 2. Finally, release of this financial information would impair the 

government's ability to collect such information in the future. AirAsia X's sensitive financial 

infonnation should be similarly granted confidential treatment. 

WHEREFORE, AirAsia X respectfully requests that the designated Exhibit which is 

attached hereto in a sealed envelope be accorded confidential treatment under 14 CFR § 302.12. 

Respectfully submitted, 

'""' . aJosh Romanow Jennifer Track Peter Nelson 

PILLSBURY WINTHROP 

SHA \V PITTMAN LLP 

1200 Seventeenth Street NW 

Washington, DC 20036 

Phone: + 1-202-663-8000 

Fax: + 1-202-663-8007 

Email: romanow@pillsburylaw.com 

jennifer.trock@pillsburylaw.com 

peter.nelson@pillsburylaw.com 

Counsel for AirAsia X Berhad 

3 
CERTIFICATE OF SERVICE 

I hereby certify that a copy of the foregoing motion for confidential treatment has been 

served this the 3rd day of April, 2015, upon each of the parties below by electronic mail. 

Sascha Vanderbellen 

Chris Walker 

Delta Airlines 

sascha. vanderbe llen@de I ta.com 

chris. walker@de Ita. com 

Robert Wirick 

Howard Kass 

American Airlines, Inc. 

robert. wirick@aa.com 

howard.kass@aa.com 

Steve Morrissey 

Dan Weiss 

United Air Lines 

steve.morrissey@united.com 

dan. weiss@united.com 

Jonathan Hill 

J. Parker Erkmann 

Counsel for Hawaiian Airlines 

Cooley LLP 

jhill@cooley.com 

perkmann@cooley .com 

Anita Mosner 

Jennifer Nowak 

Counsel for United Parcel Service Co 

Holland & Knight 

anita.mosner@hklaw.com 

jennifer.nowak@hklaw.com 

4 

Russell Pommer 

Atlas Air 

rpommer@atlasair.com 

Bailey Leopard 

Nancy Sparks 

Federal Express Corporation 

gbleopard@fedex.com 

nssparks@fedex.com 

U.S. Department of Transportation 

paul.gretch@dot.gov 

robert. fi namore@dot.gov 

brian.hedberg@dot.gov 

todd.homan@dot.gov 

benjamin.taylor@dot.gov 

U.S. Department of State 

EngleTS@state.gov 

DunhamJ D@state .gov 

Embassy of Malaysia to the U.S. 

A wang.us@kln.gov.my 

shaiful@kln.gov.my 

hairil@miti.gov.my 

harlena.harris@miti.gov.my 

Is/ Peter Nelson 

Peter Nelson