BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________

)

Application of )

)

Aeroenlaces Nacionales, S.A. de C.V. ) Docket No. OST-2011-0148

(d/b/a vivaAerobus) )

)

For an Amendment to Foreign Air Carrier )

Permit )

_________________________________________ )

MOTION OF 

AEROENLACES NACIONALES, S.A. de C.V. (VIVAAEROBUS)

FOR CONFIDENTIAL TREATMENT

Communications with respect to this document should be sent to:

David M. Kirstein

Joanne W. Young

KIRSTEIN & YOUNG PLLC

1750 K Street N.W.

Suite 200

Washington, D.C. 20006

(202) 331-3348 (telephone)

(202) 331-3933 (facsimile)

Counsel for

Aeroenlaces Nacionales, S.A. de C.V.

May 11, 2012
BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

_________________________________________

)

Application of )

)

Aeroenlaces Nacionales, S.A. de C.V. ) Docket No. OST-2011-0148

(d/b/a vivaAerobus) )

)

For an Amendment to Foreign Air Carrier )

Permit )

_________________________________________ )

MOTION OF 

AEROENLACES NACIONALES, S.A. de C.V. (VIVAAEROBUS)

FOR CONFIDENTIAL TREATMENT

Pursuant to Section 302.12 of the Department's Rules of Practice, Aeroenlaces 

Nacionales, S.A. de C.V. (“vivaAerobus”) hereby files this Motion for Confidential 

Treatment relating to its concurrently-filed Supplement No. 1 to Application for 

Amendment to Foreign Air Carrier Permit (the "Supplement"). In support thereof, 

vivaAerobus shows as follows:

1. vivaAerobus seeks to withhold from public disclosure its financial 

summaries setting forth its profit and loss statements and balance sheets for the two (2)

most recent available years (Paragraph 8 of its Supplement). Non-redacted copies of this 

information are enclosed in the accompanying envelope marked in accordance with Rule 

12. 

2. The information sought to be withheld from public disclosure includes 

financial and/or commercial information of a privately-held company that has not been 
Motion of vivaAerobus

Confidential Treatment

Page 2 of 3

made public. This information falls within Exemption 4 of the Freedom of Information 

Act, 5 U.S.C. § 552(b)(4), which provides protection from disclosure for "trade secrets 

and commercial or financial information obtained from a person and privileged or 

confidential." 

3. Three elements are required for protection under Exemption 4: (1) the

information must be financial or commercial in nature; (2) the information must be 

obtained from a person outside the government structure; and (3) the information must be 

confidential or privileged. Information will be deemed "confidential" if its disclosure is 

likely to cause substantial harm to the competitive position of the person reporting it to 

the government, or if the information is of the type that it would not customarily be made 

public by the person reporting it. Gulf & Western Industries, Inc. v. United States, 615 

F.2d 527, 529 (D.C. Cir. 1974); Sterling Drug, Inc. v. Federal Trade Commission, 450 

F.2d 698, 709 (D.C. Cir. 1971); Burke Energy Corporation v. Dept. of Energy, 583 F. 

Supp. 507, 510-11 (D. Kan. 1984).

4. vivaAerobus believes this information clearly satisfies all three elements 

required for protection under Exemption 4. First, the information is financial and/or 

commercial in nature. Second, the information is from a person outside the government 

structure, and was not obtained from any governmental entities. Finally, the information 

is confidential and disclosure of such information could harm vivaAerobus' competitive 

position.
Motion of vivaAerobus

Confidential Treatment

Page 3 of 3

WHEREFORE, vivaAerobus respectfully requests that the above referenced

portion of its Supplement, which is attached hereto in a sealed envelope, be held 

confidential by the Department of Transportation.

Respectfully submitted,

___________________________

David M. Kirstein

Joanne W. Young

KIRSTEIN & YOUNG PLLC

1750 K Street N.W.

Suite 200

Washington, D.C. 20006

(202) 331-3348 (telephone)

Counsel for 

Aeroenlaces Nacionales, S.A. de C.V.

May 11, 2012