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 this 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, 2010 
1

 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 foreign 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 following 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-page 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 Section 552(b)(4), information 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 contained in Exhibits MA-04 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 privately-held United Arab Emirates company and does 

not want to make public disclosures of its financial statements. Public disclosure of its financial 

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

commercially sensistive information would provide 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

__________________________ 

 

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).