BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

Ukraine International Airlines

)

)

)

)

)

for a foreign air carrier permit pursuant )

to 49 U.S.C. ~ 4 I302 and an exemption )

pursuant to 49 U.S.C. ~ 40109(c) )

-----------)

Docket OST 2013- _

MOTION FOR CONFIDENTUAL TREATMENT PURSUANT TO RULE I2

Communications with respect to this document should be sent to:

YURI MIROSHNIKOV

President, CEO

YEVGEN TRESKUNOV

Executive VP, Strategy and Development

UKRAINE INTERNATIONAL AIRLINES

201 -203 Kharkivske Shosse

Kyiv, Ukraine 02121

GLENN P. WICKS

EKATERlNA A. GRIMES

THE WICKS GROUP. PLLC

1215 17th Street NW .

Sumner Annex, Fourth Floor

Washington. DC 20036

(202) 457-7790

gpwi cks(@,wicks-group.com

ekal:!rimes@\\~cks-group. com

For: UKRAINE INTERNATIONAL AIRLINES

Dated: October 3, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of

Ukraine International Airlines

)

)

)

)

)

for a foreign air carrier permit pursuant )

to 49 U.S.C. S 41302 and an exemption )

pursuant to 49 U.S.c. S 40109(c) )

----------------)

Docket OST i013- _

MOTION FOR CONFIDENTUAL TREATMENT PURSUANT TO RULE 12

Ukraine International Airlines (hereinafter "Ukraine International Airlines" or "UIA"),

hereby moves for confidential treatment of Exhibit UIA-4 (Ownership Information) to its

Application for a Foreign Carrier Permit set forth in this Docket pursuant to Rule 12 of the

Department's Rules of Practice (14 C.F.R. 302.12). The confidential information has been filed

under seal and with the marking "Confidential Treatment Requested under 14 C.F.R. S 302.12",

as provided in 14 C.F.R. S 302.12. Approval of Ukraine International Airlines' request for

confidential treatment would be consistent with the Department's Rules and the Freedom of

Information Act (5 U.S.C. S 552(b)(4)). The filing contains sensitive information which, if

released publically, could cause substantial competitive harm to Ukraine International Airlines.

This information would not otherwise be disclosed to the public by Ukraine International

Airlines.

To be withheld from public disclosure under Rule 12, documents must contain

information that is (1) commercial or financial; (2) obtained from a person outside of

- 2 -
government; and (3) privileged or confidential. The infonnation for which confidentiality is

requested satisfies requirements one and two, in that it consists of commercially sensitive and

confidential information of Ukraine International Airlines that was obtained directly from

Ukraine International Airlines, as a privately held carrier under the laws of Ukraine.

The confidentiality of Exhibit UIA-4 (Ownership Information), under Ukrainian law,

Ukraine International Airlines is not required to publically disclose the identity of its private

investors, and Ukraine International Airlines therefore would not customarily release this

information. Disclosure of this information could cause substantial competitive harm by allowing

Ukraine International Airlines' competitors and other third-parties to gain access to the identity

of Ukraine International Airlines' individual investors. This is sensitive business and would

thereby place Ukraine International Airlines at a competitive disadvantage. Department

precedent supports the grant of confidential treatment of ownership information in identical

circumstances. See e.g., Order 2009-3-22, at Note 2.

Furthermore, the information in Exhibit UIA-4 may properly be withheld from public

disclosure under Exemption 4 of the Freedom ofInformation Act, 5 U.S.C. 1j553(b)(4), which

permits protection from disclosure for "trade secrets and commercial or financial information

obtained from a person and privileged or confidential." See, e.g., Gulf& Western Industries, Inc.

v. United States, 615 F.2d 527 (D.C. Cir. 1979); Critical Mass Energy Project v. NRC, 975 F.2d

871 (D.C. Cir. 1992). The Freedom ofInformation Act, 5 U.S.c. 1j552(b)(4) provides that

privileged or confidential commercial and financial information obtained from a private person is

specially exempted from the requirements of public disclosure due to its business-sensitive

nature. The information for which this motion request confidential treatment is confidential and

proprietary commercial and financial information of a private party and the public release of this

- 3 -
information would cause competitive and financial injury to that party. Accordingly, the

information should be withheld from public disclosure.

WHEREFORE, Ukraine International Airlines respectfully moves that the attached

Exhibits UIA-4 submitted under seal with this motion be withheld from public disclosure for a

period often (10) years, pursuant to Rule 12 of the Department's Rules of Practice in

Proceedings.

ct. lly submitted,

. rJ/ll

.I.~

E . P. WICKS

Counsel for Ukraine International Airlines

EKATERINA A. GRIMES

Consultant for Ukraine International Airlines

-4-
CERTIFICATE OF SERVICE

I hereby certify that I have on this day served a copy of the foregoing document

upon each of the following electronic mail addresses:

sascha. vanderbellen@delta.com

sametta.c.barnett@delta.com

ranjit. seth@evergreenairIines.com

charter@evergreenaviation.com

anbird@fedex.com

sllunsford@fedex.com

msinick@ssd.com

enisson@nac.aero

kevin.montgomery@polaraircargo.com

dan. weiss@coair.com

pdoella@naca.cc

robert. wirick@aa.com

francis.heil@aa.com

howard kass@usairways.com

rsilverberg@sgbdc.com

jjohnson@sgbdc.com

jrichardson@johnrichardson.com

mriordan@johnrichardson.com

jcanny@amerijet.com

slachter@lachetr-clements.com

john@mietuslaw.com

mommer@atlasair.com

matwood@cozen.com

agoerlichlaJ,ggh-airlaw.com

judy@lac.lynden.com

TOil Iies@southernair.com

Howard.kass@usairways.com

Benjamin.slocum@usairways.com

info@airlineinfor.com

anita.mosner@hklaw.com .

mlbenge@zsrlaw.com

urskr@state.gov

Ekaterina A. Grimes

Dated: October 3, 20 I3