BEFORE THE DEPARTMENT OFTRANSPORTATION

WASHINGTON D.C. Application of JAT AIRWAYS A.D. BELGRADE for an Exemption pursuant to 

### 49 U.S.C. ~40109 Docket OST-2013- 

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MOTION OFJAT AIRWAYS A.D. BELGRADE FOR CONFIDENTIAL TREATMENT
Communications concerning this document may beserved upon: Anita M. Mosner Jennifer M. Nowak Holland & Knight LLP 800 1

## ih Street, NW Suite 1100 Washington, DC20006 Tel: (202) 419-2604 anita.mosner@hklaw.com Attorneys for Jat Airways a.d. Belgrade

Dated: September 19,2013

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BEFORE THE DEPARTMENT OFTRANSPORTATION

WASHINGTON D.C. Application of JAT AIRWAYS A.D. BELGRADE Docket OST-2013-

__ for an Exemption pursuant to 

### 49 U.S.C. ~40109

MOTION OFJAT 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 itto provide scheduled foreign air transportation of persons, property, and mail between Serbia and the U.S. on acodeshare-only basis, as described more fully inthe application. Insupport of itsapplication, JAT isproviding 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 inthis docket.

, JAT's application includes copies of proforma statements of income and proforma 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 airi

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carrier's competitive position inforeign airtransportation. The information at issue here clearly satisfies this standard. Exhibit 

### 0 contains extremely sensitive information that has not been made available tothe public and which is not disclosed to anythird 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 ofthis information would cause substantial harm tothe competitive position ofJAT. 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 aswell. The information isboth commercial and financial innature. Itwas obtained from aprivate citizen, and the documents are privileged orconfidential. Public disclosure ofsuch information could impair the Government's ability to obtain necessary information inthe future or ... cause substantial harm to the competitive position ofthe 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 maydeem necessary.

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JatAirways a.d. Belgrade Motion for Confidential Treatment Respectfully submitted,

Ani aM. Mosner Jennifer M. Nowak Holland &Knight LLP 800 17th Street, NW, Suite 1100 Washington, DC20006 Phone: (202) 419-2604 Fax: (202) 955-5564 anita.mosner@hklaw.com Attorneys for Jat Airways a.d. Belgrade 

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