BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

Application of

JAT AIRWAYS A.D. BELGRADE

for an Exemption pursuant to

49 U.S.C. ~ 40109

Docket OST -2013- 0 J 77

MOTION OF JAT AIRWAYS A.D. BELGRADE

FOR CONFIDENTIAL TREATMENT

Communications concerning this document may be served upon:

Anita M. Mosner

Jennifer M. Nowak

Holland & Knight LLP

800 1i

h Street, NW

Suite 1100

Washington, DC 20006

Tel: (202) 419-2604

anita. mosner@hklaw.com

Attorneys for

Jat Airways a.d. Belgrade

Dated: September 19, 2013
,

)

BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON D.C.

Application of

JAT AIRWAYS A.D. BELGRADE

Docket OST -2013- __

for an Exemption pursuant to

49 U.S.C. ~ 40109

MOTION OF JAT AIRWAYS A.D. BELGRADE

FOR CONFIDENTIAL TREATMENT

Jat Airways a.d. Belgrade ("JAT") has applied today for an exemption from 49

U.S.C. 9 41301 that would enable it to provide scheduled foreign air transportation of

persons, property, and mail between Serbia and the U.S. on a codeshare-only basis, as

described more fully in the application. In support of its application, JAT is providing the

Department with detailed financial documents, which contain confidential, proprietary,

and commercially sensitive information. Accordingly, pursuant to Rule 12 of the

Department's Rules of Practice (14 C.F.R. 9 302.12), JAT hereby moves to withhold

from public disclosure certain information filed under seal with this Motion in this docket.

,

JAT's application includes copies of pro forma statements of income and pro forma

balance sheets containing sensitive financial data. See Exhibit D, Application of Jat

Airways a.d. Belgrade for an Exemption (September 19, 2013) (appended). This

information is protected from public disclosure under various exemptions under the

Freedom of Information Act (FOIA), including 5 U.S.C. 99 552(b)(3) and (b)(4).

Exemption 3 protects from disclosure information specifically protected by another

statue, including 49 U.S.C. 940115. See British Airports Authority v. CAB, 531 F. Supp.

408,414 (D. D.C. 1982). Section 40115 states that the Department "shall" withhold from

public disclosure, among other things, information that would adversely affect an air
i

\

Jat Airways a.d. Belgrade

Motion for Confidential Treatment

2

carrier's competitive position in foreign air transportation. The information at issue here

clearly satisfies this standard. Exhibit 0 contains extremely sensitive information that

has not been made available to the public and which is not disclosed to any third party.

If disclosed, this information could be used by JAT's competitors to their strategic

advantage, and JAT's disadvantage, in making competitive decisions. Release of this

information would cause substantial harm to the competitive position of JAT.

Further, Exemption 4 protects from public disclosure information that is "(1)

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

privileged or confidential." The information submitted here under seal clearly satisfies

this standard as well. The information is both commercial and financial in nature. It was

obtained from a private citizen, and the documents are privileged or confidential. Public

disclosure of such information could impair the Government's ability to obtain necessary

information in the future or ... cause substantial harm to the competitive position of the

person from whom the information was obtained. See Gulf and Western Indus., Inc. v.

United States, 615 F.2d 527, 529 (D.C. Cir. 1980).

WHEREFORE, for the foregoing reasons, JAT respectfully requests that the

Department grant its motion for confidential treatment and withhold from public

disclosure the confidential, proprietary, and commercially sensitive information JAT has

filed under seal. JAT further requests any different or additional relief that the

Department may deem necessary.
•

Jat Airways a.d. Belgrade

Motion for Confidential Treatment

Respectfully submitted,

Ani a M. Mosner

Jennifer M. Nowak

Holland & Knight LLP

800 17th Street, NW, Suite 1100

Washington, DC 20006

Phone: (202) 419-2604

Fax: (202) 955-5564

anita. mosner@hklaw.com

Attorneys for

Jat Airways a.d. Belgrade

3