Motion of BEFORE THE
· DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C. ; _j;**~** :

HORIZON AIRINDUSTRIES,·INC. ) ) ) ) ) ) ) Docket OST-96-1575 For confidential treatment ofPart 241 Submissions under 14 C.P.R.§ 302.12

MOTION OF HORIZON AIRINDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDERRULE 12

Please forward all communications concerning this motion to: Bryan J. Colby Managing Director, Finance HORIZON AIRINDUSTRIES, INC. · 19521 International Boulevard Seattle, Washington 98188 (206) 392-0279

March 

# 11, 2013 Kyle B. Levine Deputy General Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5292
Counsel for HORIZON AIR INDUSTRIES, INC.

Page 1 of4 -MOTIONOFHORIZONAIR INDUSTRIES, INC FOR CONFIDENTIAL TREATMENT OFPART241 SUBMISSIONS UNDER RULE 12Motionof BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

HORIZON AIR INDUSTRIES, INC. Docket OST-96-1575 For confidential treatment ofPart 241 Submissions under 14 C.F.R. § 302.12 ) ) ) ) ) ) )

MOTION OF HORIZON AIRINDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDERRULE 12

Pursuant·to section 302.12 ofthe Department's Rules ofPractice, Horizon Air Industries, Inc. ("Horizon") hereby moves to withhold from public disclosure for a period oftenyears certain commercially-sensitive information contained in Schedule B-7 ("Airframe and Aircraft Engine Acquisitions and Retirements") and Schedule B-43 ("Inventory ofAirframes andAircraft Engines") ofits Part 241 filings for the quarter ending December 31,2012. Unredacted versions ofSchedules B-7 and B-43 are filed simultaneously with this Motion marked "Confidential Treatment Requested Under§ 302.12." In support ofits Motion, Horizon offers the following points and authorities: 1. The data for which confidential treatment is sought is being disclosed to the Department pursuant to Part 241 ofthe Department's economic regulations. The majority of information contained in Horizon's Part 241 filings will enter the public domain, where it will be available for inspection and copying by members ofthe public, including foreign and domestic competitors ofHorizon and competitors ofHorizon's aircraft and engine suppliers. Page 2 of4- MOTION OFHORIZONAIRINDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OFPART241 SUBMISSIONS UNDER RULE 122. Certainprice and cost data contained in Schedules B-7 and B-43 are highly sensitive and confidential. More specifically, (a) Schedule B-7 reflects the cost ofcommercial aircraft and engines Horizon purchased or leased from Bombardier. (b) Schedule B-43 discloses the acquisition cost, depreciation or amortization values and estimated residual values ofnumerous commercial aircraft and engines Horizonhas purchased from Bombardier since the 1990s. 3. The commercially-sensitive information found in Schedules B-7 and B-43 should be withheld from public disclosure pursuant to Exemptions 3 and 4 ofthe Freedom of Information Act (5 U.S.C. 

### § 552(b)(3) and ( 4)) (the "FOIA") and legal authority interpreting the FOIA. 4. Under Exemption 3, information in agency records should be withheld from the public ifitis specifically exempted from disclosure by a statute, provided that the statute "(A) requires thatthe matters be withheld from the public in such a manner as to leave no discretion
onthe issue, or (B) establishes particular criteria for withholding, orrefers to particular types of matters to be withheld." Section 1104 ofthe Federal Aviation Act (49 U.S.C. 

### § 1504) specifically requires the Departmentto withhold information from production under the FOIA if its release would "adversely effect the competitive position ofany carrier in foreign air transportation." Public release ofthe aircraft and engine cost data to Horizon's competitors would have exactly this adverse effect. 5. Exemption4 extends confidential treatment to records that are "commercial or financial information obtained from a person and privileged or confidential." 5 U.S.C. § 552(b)(4); see also Gulfand Western Industries, Inc. v. United States, 615 F.2d 527, 529 (D.C. Cir. 1979). These price and cost data contained in Schedules B-7 and B-43 are ofthis nature and, additionally, "would customarily not be released to the public by [Horizon]." See National Parks and Conservation Association v. Morton; 498 F. 2d 765, 766 (D.C. Cir. 1974) (citing S. Rep. No. 813, 89th Cong., 1st Sess. 9 (1965)). Finally, ifreleased under the FOIA, price and cost data Page 3 of4 -MOTIONOFHORIZONAIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OFPART241 SUBMISSIONS UNDER RULE 12 .!concerning Horizon's aircraft transactions have the potential "to cause substantial harm to the competitive position ofthe person from whom the information was obtained." Id. at 770. WHEREFORE, Horizonrespectfully requests the Department ofTransportation to withholdthe redactedportions ofthe attached document(s) from public disclosure for a period of ten (10) years.
Respectfully submitted,


# •

Counsel for March 

## /f 2013 

### HORIZON AIR INDUSTRIES, INC.

Page 4 of4 -MOTIONOFHORJZONAIRINDUSTRJES, INC FOR CONFIDENTIAL TREATMENT OFPART241 SUBMISSIONS UNDER RULE 12