BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

PLUNA LÍNEAS AÉREAS URUGUAYAS ) Docket OST-2011-0195

SOCIEDAD ANÓNIMA )

)

for an exemption pursuant to 49 U.S.C. § 40109 )

to engage in scheduled foreign air transportation )

between the United States and Uruguay via a ) 

code-share on flights operated by )

American Airlines )

 )

MOTION OF PLUNA

FOR CONFIDENTIAL TREATMENT

Communications with respect to this document should be sent to:

Joanne W. Young

David M. Kirstein

Kirstein & Young, PLLC

1750 K Street, N.W. 

Suite 200

Washington, D.C. 20006

(202) 331-3348

(202) 331-3933

Attorneys for

PLUNA Líneas Aéreas Uruguayas Sociedad 

Anónima

October 27, 2011
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

PLUNA LÍNEAS AÉREAS URUGUAYAS ) Docket OST-2011-0195

SOCIEDAD ANÓNIMA )

)

for an exemption pursuant to 49 U.S.C. § 40109 )

to engage in scheduled foreign air transportation )

between the United States and Uruguay via a ) 

code-share on flights operated by )

American Airlines )

 )

MOTION OF PLUNA 

FOR CONFIDENTIAL TREATMENT

Pursuant to Section 302.12 of the Department's Rules of Practice, PLUNA Líneas 

Aéreas Uruguayas Sociedad Anónima (“PLUNA”) hereby files this Motion for 

Confidential Treatment relating to its concurrently-filed Application for Exemption 

Authority (the"Application"). In support thereof, PLUNA shows as follows:

1. PLUNA seeks to withhold from public disclosure its financial statements 

(Exhibit F of its Application) and its projected traffic and financial results of its first year 

of U.S. operations (Exhibit G of its Application). Non-redacted copies of this exhibit are 

enclosed in the accompanying envelope marked in accordance 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 been 

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 
Motion of PLUNA 

Confidential Treatment

Page 2 of 3

and commercial or financial information obtained from a person and privileged or 

confidential." 

3. Three elements 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 privileged. 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); Sterling Drug, Inc. v. Federal Trade Commission, 450 

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

Supp. 507, 510-11 (D. Kan. 1984).

4. PLUNA believes this information clearly satisfies all three elements 

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

commercial in nature. Second, the information is from a person outside the government 

structure, and was not obtained from any governmental entities. Finally, the information 

is confidential and disclosure of such information could harm PLUNA's competitive 

position.
Motion of PLUNA 

Confidential Treatment

Page 3 of 3

WHEREFORE, PLUNA respectfully requests that the above referenced portions 

of its Application for Exemption Authority, which are attached hereto in a sealed 

envelope, be held confidential by the Department of Transportation.

Respectfully submitted,

___________________________

Joanne W. Young

David M. Kirstein

Kirstein & Young, PLLC

1750 K Street, N.W. 

Suite 200

Washington, D.C. 20006

(202) 331-3348

(202) 331-3933

Attorneys for

PLUNA Líneas Aéreas Uruguayas 

Sociedad Anónima

October 27, 2011