### 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 Desi gnatedAgentJor AirBridge Cargo A irlines, 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 I0 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 di sclosed to the public by AB C
. Rather, it is being provided to the Department solely in
support of its Application, a non-controverted proceeding.



### 2The confidential information in this case falls within Exemption 4 ofthe 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 ofthe 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 ofthe 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 ifthe Department were to disclose such information to the public and by operation to an air carrier's competitors 3.

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, Noti ce ofAction Taken, Docket OST-99-5606; Application of Atlant-Sovuz for an Exempti on, Order 95-12-19 ; Application ofAntonov Design Bureau for an Exemption, Order 93-5-37; Application ofAir Fovle Limited and Antonov Design Bureau for Exemptions, Order 91-10-11. 3The 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 privately

held 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 ofChina Airlines, Order 80-12-\\7. 4In 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 Ag ent/orAirBrid geCar gor Airlines LLC



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