BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of

MIDEX AIRLINES

For a foreign air carrier permit pursuant to 49 U.S.C. § 41301 and exemption authority pursuant to 49 U.S.C. § 40109 (U.S.-UAE) Docket DOT-OST-2010-

MOTION OF MIDEX AIRLINES TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE

Communications with respect to th is document should be sent to:

Gary B. Garofalo, Esq. Jason E. Maddux, Esq. Garofalo Goerlich Hainbach PC 1200 New Hampshire Avenue NW Washington, D.C. 20036 Phone 202-776-3970 Fax 202-776-3975 ggarofalo@ggh-airlaw.com jmaddux@ggh-airlaw.com

Counsel for MIDEX AIRLINES

September 21, 20101 BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of

MIDEX AIRLINES

For a foreign air carrier permit pursuant to 49 U.S.C. § 41301 and exemption authority pursuant to 49 U.S.C. § 40109 (U.S.-UAE) Docket DOT-OST-2010-

MOTION OF MIDEX AIRLINES TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE

Pursuant to Rule 12 of the Department’s Rules of Practice, 14 C.F.R. §302.12, MIDEX

AIRLINES (“MIDEX”) hereby moves to withhold from public disclosure the contents of the

following exhibits to MIDEX’s application requesting a forei gn air carrier permit under 49

U.S.C. § 41301 and an exemption under 49 U.S.C. § 40109 in order to engage in charter foreign

air transportation of property, which is simultaneously being filed with the Department. In

accordance with Rule 12, each page of the follow ing exhibits has been marked “Confidential

Treatment Requested Under § 302.12” and is being filed under seal.

Index of Documents to be Withheld

Exhibit MA-04 Exhibit MA-04 is MIDEX’s 12-pa ge financial statements and independent auditor’s review for the fiscal year ending December 31, 2009, which contains the same data for the fiscal year ending December 31, 2008, and a 1-page summary.

Exhibit MA-05 Exhibit MA-05 is a 2-page summary of MIDEX’s financial and traffic forecasts for January through December 2011.2 This information is protected from public disclosure under the Freedom of Information

Act exemption for privileged or confidential financial information. See 5 U.S.C. § 552(b)(4).

To be eligible for an exemption pursuant to S ection 552(b)(4), informa tion must fulfill three

requirements: (1) the information must be commericial or financial in nature; (2) the

information must be obtained from a person outside of the U.S. Government; and (3) the

information must be confidential or privileged.

The information contained in Exhibits MA- 04 and MA-05 satisfies each element of the

statutory test. First, the information cont ained in Exhibits MA-0 4 and MA-05 is both

commercial and financial in nature. Second, the information has been obtained from

representatives of MIDEX, who are persons outside the U.S. Government. Third, the

information is confidential; MIDEX is a privatel y-held United Arab Emirates company and does

not want to make public disclosure s of its financial statements. P ublic disclosure of its financial

statements is not required in order to further th e public interest, and the public release of this

commercially sensistive information would provi de MIDEX’s commercial rivals with an

unwarranted competitive advantage. Moreover, the Department has routinely granted similar

requests for confidential treatment by other foreign air carrier applicants. 1

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1 See Elysair SAS d/b/a Elysair, Notice of Action Taken – Docket OST-2006-25617 (Dec. 27, 2006) and Emirates, Order 2004-12-7 (Dec. 6, 2004).