BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

) PLUNA LÍNEAS AÉREAS URUGUAYAS ) Docket OST

- 20 11

- 0195

SOCI EDAD AN Ó NIMA )

)

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

to eng age 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 CONFID ENTIAL 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 2 00

Washington, D.C. 2000 6

(202) 331

- 3348

(202) 331

- 3933

Attorneys for

PLUNA Líneas A éreas Uruguayas Soci edad

An ó nima

October 27 , 2011BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

) PLUNA LÍNEAS AÉREAS URUGUAYAS ) Docket OST

- 20 11

- 0195

S OCIE DAD AN Ó NIMA )

)

for an e xemption 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 Anó nima (“ PLUNA ”) hereby files this Motion for

Confidential Treatment relating to i ts concur rently

- 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 accord ance with Rule 12.

2. The information sought to be withheld from p ublic 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 secretsMotion 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 compet itive 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.

Supp. 507, 510

- 11 (D. Kan. 1984).

4. PLUNA 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 person outside the government

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

i s 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 por tions

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

env elope, be held co nfidential by the Department of Transportation.

Respectfully submitted,

___________________________ Joanne W. Young

David M. Kirstein

Kirstein & Young, PLLC

1750 K Street , N.W.

Suite 2 00

Washington, D.C. 2000 6

(20 2) 331

- 3348

(202) 331

- 3933

Attorneys fo r PLUNA Líneas Aéreas Uruguayas

Soci edad An ó nima

October 27

, 2011