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, 2012BEFORE 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 concur rently

- filed Supplement No. 1 to Application for

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

vivaAerobus shows as follows:

1. vivaAerobus seek s 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 accord ance 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 beenMotion 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 elem ents 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 privileg ed. 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); Sterl ing Drug, Inc. v. Federal Trade Commission , 450

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

Sup p. 507, 510

- 11 (D. Kan. 1984).

4. vivaAerobus believes this information clearly satisfies all three elements

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

commercial in nature. Second, the information is from a p erson 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

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

co nfidential 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