BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

) 

Application of ) 

) 

AirBridgeCargo Airlines LLC ) 

) Docket OST-2007 

for an amendment to foreign air carrier permit ) 

pursuant to 49 U.S.c. § 41302 and an exemption ) 

pursuant to 49 U.S.c. § 40109 ) 

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

MOTION FOR CONFIDENTIAL TREATMENT 

OF AIRBRIDGECARGO AIRLINES LLC 

Communication with respect to this document should be addressed to: 

Tatyana V. Arslanova 

Executive President 

AirBridgeCargo Airlines LLC 

17-4 Krylatskaya Street 

Moscow, Russia, 121614 

DATED: April 11, 2011 

Colon Miller 

Volga Dnepr-Unique Air Cargo, Inc 

9400 Grogan's Mill Road, 

Town Center Plaza, Suite 220, 

The Woodlands, TX USA 

Phone 832 585-8611 

Fax 832585-8618 

colon@volga-dnepr.us 

Designated AgentJor AirBridgeCargo Airlines, LLC 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

) 

Application of ) 

) 

AirBridgeCargo Airlines LLC ) 

) 

for an amendment to foreign air carrier permit ) 

pursuant to 49 U.s.c. § 41302 and an exemption ) 

pursuant to 49 U.S.c. § 40109 ) 

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

Docket OST-2007 

MOTION FOR CONFIDENTIAL TREATMENT 

OF AIRBRIDGECARGO AIRLINES LLC 

AirBridgeCargo Airlines LLC ("ABC") hereby files this Motion, pursuant to Rule 12 of the 

Department's Rules of Practice (14 C.F.R. § 302.12), to withhold from public disclosure certain 

confidential information contained in ABC's "Financial Data Summaries" for 2009 and 20 I 0 

submitted as part of Exhibit ABC-13 in support of the above-referenced application, filed April 

11,2011). A confidential copy of this confidential information is being submitted herewith in a 

sealed envelope marked "Confidential Treatment Requested Under § 302.12." 

ABC is a privately held company. The confidential information includes non-public financial 

data of ABC. This document, if released, could cause ABC substantial competitive harm. The 

confidential information at issue incorporates private, commercial, competitively sensitive and 

financial information of a type that is not normally disclosed to the public and would not in this 

case be disclosed to the public by ABC. Rather, it is being provided to the Department solely in 

support of its Application, a non-controverted proceeding. 

2 
The confidential information in this case falls within Exemption 4 of the Freedom ofInformation 

Act, 5 U.S.c. § 552(b)(4), which provides protection from disclosure for business information 

that is "( I) commercial or financial, (2) obtained from a person outside of the government, and 

(3) privileged or confidential." ) The information contained in this Exhibit in support of ABC's 

filing clearly meets the first two criteria in that it is commercial and financial in nature and has 

been obtained from a person outside of the govemment. 

The remaining issue for consideration, therefore, is whether the information is privileged or 

confidential. Privileged and confidential information is determined by examining "whether 

disclosure of the information is likely to have either of the following effects: (I) to impair the 

government's ability to obtain necessary information in the future; or (2) to cause substantial 

harm to the competitive position of the person from whom the information was obtained,,2. 

The Department has consistently held that the release of [financial data] would cause substantial 

competitive harm to the competitive position of a person from whom that information was 

obtained if the Department were to disclose such information to the public and by operation to an 

air carrier's competitors3. 

The public interest is supported by not releasing the financial information provided in support of 

this exemption application. Indeed, the Department typically grants exemption authority to 

foreign carriers without the public release of financial information, where such foreign carriers 

have an established history of successful operations4

. 

I Gulf & Western Industries, Inc. v. US,615 F.2d 527, 529 (D.C. Cir. 1979). 

2 National Parks h Conservation Association v. Morton, 498 F.2d 765,770 (D.C. Cir. 1974). 

3 Orders 2003-2-9 and 2001-6-24. 

, Application of East Line Airlines for an Exemption, Notice of Action Taken, Docket OST-99-5606; Application of 

Atlant-Sovuz for an Exemption, Order 95-12-19; Application of Antonov Design Bureau for an Exemption, Order 

93-5-37; Application of Air Fovle Limited and Antonov Design Bureau for Exemptions, Order 91-10-11. 

3 
The financial infonnation provided in this application does not substantiate whether the applicant 

is fit to operate to the United States. In fact, the Government of the Russian Federation has 

already made that detennination and has accordingly designated the carrier to serve the U.S. 

markets. The financial infonnation requested under 14 CFR Part 212 is being provided not for 

the purposes of determining the carriers fitness but rather to validate its operational history. In 

this regard, ABC has an established history of successful service within the Russian Federation, 

Europe and Asia. Where, as is the case here, the financial fitness of a carrier is not in question, 

the disclosure of confidential financial infonnation does not further the public interest, while the 

actual hann to the carrier does in fact occur. 

Specifically, with respect to Exhibits ABC-\ and ABC-6, ABC reiterates that it is a privatelyheld company. If the financial results of operations for ABC were released to the public, 

competitors of ABC and other third parties would gain crucial competitive infonnation about the 

operations of the airline. This would enable competitors to undennine ABC, especially in the 

Russian Federation where this type of infonnation is not typically publicly disclosed. ABC 

would be at a substantial disadvantage as its financial capabilities would be publicly available, 

while the financial capabilities of its competitors in the Russian market would remain 

confidential. 

ABC notes that the non-public financial infonnation at issue was created under an entirely 

different accounting system, intended to demonstrate fitness for the Russian aviation authority. 

5 Indeed, ABC has been designated by the Russian Federation to perform foreign air 

transportation services between the U.S. and the Russian Federation. The Department's longstanding policy is that such a designation is prima facie evidence that the grant of exemption 

authority to such a foreign carrier is in the public interest. E.g. Application of Aerovias 

Venezolanas S.A. ("Avensa"), Order 86-8-88; Application of Singapore Airlines Limited, Order 

85-10-16; Application of Singapore Airlines Limited, Order 83-3-132; Application of Fast Air 

Carrier Ltd., Order 82-2-66; Application of China Airlines, Order 80-12-\\7. 

4 
In addition to the potential competitive disadvantage faced by ABC by public disclosure of the 

confidential financial information, there is a risk that the public will review the financial data 

provided and mistakenly conclude that ABC is not fit to operate to the United States. This type 

of confusion seems contrary to the public interest. 

Thus, ABC requests that the Department withhold from public disclosure the confidential 

financial information contained in the referenced application. The confidential information is 

non-public, and public disclosure ofthe information would result in substantial competitive harm 

to ABC, as it would place the carrier at a competitive disadvantage to other carriers in the 

Russian aviation market. Additionally, the fitness of ABC is not in doubt, as ABC has 

successfully operated a large number of aircraft in Russia, Europe and Asia, and has been both 

granted Russian aviation authority as well as been designated to provide the type of service for 

which authority is requested. Finally, ABC respectfully suggests that the public interest will not 

be served by the public disclosure of ABC's confidential financial information, as it was 

prepared under the Russian accounting system, and may be misleading to the U.S. public. 

******* 

5 
WHEREFORE. ABC respectfully requests that the Department grant this motion for confidential 

treatment of "Financial Data Summaries" for 2009 and 2010 submitted as part of Exhibit ABC13 in support of the Application of ABC for an exemption, filed April 11, 2011 Docket OST2007 

Respectfully submitted, 

Colon Miller 

Volga Dnepr-Unique Air Cargo, Inc 

9400 Grogan's Mill Road, 

Town Center Plaza, Suite 220, 

The Woodlands, TX USA 

Phone 832 585-8611 

Fax 832 585-8618 

colon@volga-dnepr.us 

Designated Agent/or AirBridgeCargor Airlines LLC 

6