BEFORE THE 

U.S DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

W ASHTNGTON, DC 

) 

Application of ) 

) 

AEROLINEAS MAS, S.A. ) 

) 

) 

For Exemption Authority Pursuant to ) 

49 UCS 40109 for Foreign Air Carrier Permit) _________________________ ) 

Docket DOT-OST- 2011 -_ _ 

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

Manuel Fernandez 

President 

Aerolineas Mas. S.A. 

Calle Modesto Diaz #9 

Ensanchc la Julia. Cuidad Universitaria 

Santo Domingo, Dominican Republic 

Voice: 809-532- 1867 

Fax: 809-532-1 518 

Email: "'la:: 1958@ yahoo . com 

Filed on December 6, 2011 

Richard A. Asper, J.D., Chairman 

C.A. Southerland, President 

Aviation Professiona ls Group, Inc. 

3000 NE 30th Place. Suite 107 

Fort Lauderdale, FL 33306 

Voice: (954) 763-4848 

Fax: (954) 763-4240 

Email: 

ca@aviation- professionals. com 

ricka@aviation proiess~onals com 

Representatives for 

AEROLINEAS MAS. S.A. 
BEFORE THE 

U.S DEPARTMENT OF TRANSPORTATION 

OFFlCE OF THE SECRETARY 

WASHINGTON, DC 

) 

Application of ) 

) 

AEROLINEAS MAS, S.A. ) 

) 

) 

For Exemption Authority Pursuant to ) 

49 UCS 40109 for Foreign Air Carrier Permit) __________________________ ) 

Docket DOT-OST- 2011-__ 

MOTION FOR CONFIDENTIAL TREATMENT PURSUANT TO RULE 12 

AEROLINEAS MAS, S.A. ("MAS'' or ''Applicant") hereby moves for confidential treatment of 

Exhibit MAS-13 (Financiallnfonnation) to its Application in this Docket pursuant to Rule ·12 ofthe 

Department's Rules of Practice (14 C.F.R. § 302.12). The confidential information has been filed under 

seal and with tbe marking "Confidential Treatment Requested Under 14 C.F.R. § 302.12'\ as provided in 

14 C.F.R. §302.12. Approval of Applicant's request tor confidential treatment would be consistent with 

the Department's Rules, its precedents and the Freedom of information Act (5 U.S.C. 552(b)(4). The 

filing contains commercially sensitive information that, if released publicly, could cause substantial 

competitive harm to MAS. This information would not otherw1se be disclosed to the public by MAS. 

To be withheld from public disclosure under Rule 12, documents must contain information that 

is (1) commercial or fmancial; (2) obtained from a person outside of government: and (3) privileged or 

confidential. The information for which confidentiality is requested clearly satisfies requirements one 

and two, in that it consists of commercially-sensitive and confidential information of MAS -that was 

obtained directly from MAS. lt also clearly satisfies the third requirement as well. as this is the type of 

information that has been considered confidential by the Department in the past. 

Additionally, release of this financial information would cause substantial harm to the 

competitive position of MAS and would impair the government's ability to collect such infommtion in 

the future. Should this information be made pub I ic, it could permit competitors of MAS to gain insights 

into the company, its operating plans and its funding that could be used by them to undermine its 

service, resulting in great economic harm to MAS, its investors and competition. 

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Furthermore, the information may properly be withheld from public disclosure under Exemption 

4 of the Freedom of Information Acl, 5 U.S. C. § 552(b)(4). which permits protection from disclosure for 

"trade secrets and commercial or financial information obtained from a person and privileged or 

confidential.'' See, e.g., Gulf & Western Industries, inc. v. United States, 615 F.2d 527 (D.C. Cir. 1979); 

Critical Mass Energy Project v. NRC, 975 P.2d 87 1 (D.C. Cir.l992). The Freedom oflnformation Act, 5 

U.S.C. § 552(b)(4), provides that privileged or confidential conuncrcial and financial information 

obtained from a private person is specifically exempt from the requirements of public disclosure due to 

its business-sensitive nature. The Information for which this motion requests confidential treatment is 

confidential and proprietary commercial and f111anc ia l infonnation of a privale party and the public 

release of this information would cause competitive and fmancial injury to that party. Acwnlingly, rhe 

information should be withheld from public disclosure. 

WHEREFORE, AEROLINEAS MAS, S.A. respectfully moves that the attached Exhibit MAS13, submitted under seal with this motion, be withheld from public disclosure for a period of ten (I 0) 

years, pursuant to Rule 12 of the Department's Rules of Practice in Proceedings. 

Date: December 6, 201 1 

Respectfully submitted. 

Aviation Professionals Group, lnc., for 

AEROLJNEAS MAS. S.A. 

~· 

By: (? 

C.A.SQutherland 

Voice (954) 763-4848 

Email:ca@aviation-professionals.com 

Representatives for 

AEROLINEAS MAS, S.A. 

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