Motion of BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY 

### iJ!j .'.;\i 

## -2 WASHINGTON, D.C. I_:) 

## 2: 53

HORIZON AIRINDUSTRIES, INC. 

### ) ) ) 

### ) ) ) ) Docket OST-96-1575 Forconfidential treatment ofPart 241 Submissions under 14 C.F.R. § 302.12

MOTION OF HORIZON 

### AIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12

Please forward all communications concerning this motion to: BryanJ. Colby Managing Director, Finance HORIZON 

### AIR INDUSTRIES, INC. 19521 International Boulevard Seattle, Washington 98188 (206) 392-0279

Marchgj__, 2015 Jeremy 

### L. Ross Senior Attorney ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5453
Counsel for HORIZON AIRINDUSTRIES, INC.



### Page 1of4 -MOTIONOFHORIZONAIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OFPART241 SUBMISSIONS UNDER RULE 12Motion of BEFORETHE DEPARTMENT OFTRANSPORTATION 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 AIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12

Pursuant to section 302.12 o(the Department's Rules ofPractice, Horizon Air Industries, Inc. ("Horizon") hereby moves to withhold from public disclosure for a period often years certain commercially-sensitive information contained in Schedule B-43 ("Inventory ofAirframes and Aircraft Engines") ofits Part 241 filings for the quarter ending December 31,2014. An unredacted version ofSchedule B-43 is filed simultaneously with this Motion marked "ConfidentialTreatment 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 Departmentpursuantto 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 of 4 -MOTIONOFHORIZONAIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OFPART241 SUBMISSIONS UNDER RULE 12
. .2. Certainprice and cost data contained in Schedule B-43 is highly sensitive and confidential. More specifically, Schedule B-43 discloses the acquisition cost, depreciation or amortization values and estimated residual values ofnwnerous commercial aircraft and engines Horizonhas purchased from Bombardier since the 1990s. 3. The commercially-sensitive information found in Schedule B-43 should be withheld from public disclosure pursuant to Exemptions 3 and 4 ofthe Freedom ofInformation Act (5 U.S.C. § 552(b)(3) and (4)) (the "FOIA") and legal authority interpreting the FOIA. 4. UnderExemption 3, information in agency records should be withheld from the public ifit is specifically exempted from disclosure by a statute, provided that the statute "(A) requires that the matters be withheld from the public in such a manner as to leave no discretion
onthe issue, or (B) establishes particular criteria for withholding, or refers to particular types of matters to be withheld." Specifically, the Department is required to withhold information from production under the FOIA ifits release would have an "adverse effect on the competitive position ofany carrier 

### inforeign air transportation." 49 U.S.C. §40II5(a)(2)(B). Public release ofthe aircraft and engine cost data to Horizon's competitors would have exactly this adverse effect. 5. Exemption 4 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 Schedule 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 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, Horizon respectfully requests the"Department ofTransportation to


### Page 3 of4 -MOTIONOFHORIZONAIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENTOFPART241 SUBMISSIONS UNDER RULE 12

### withhold the portions ofthe attached document(s) for which confidential treatment has been requested from public disclosure for a period often ( 1 0) years.

March 

# ::t{, 2015 Respectfully submitted,

Jeremy L. 

### Ross Senior Attorney ALASKA AIRLINES, INC. 

### 19300 International Boulevard Seattle, Washington 98188 (206) 392-5453 Counsel for HORIZON AIR INDUSTRIES, INC.



### Page 4of4 - MOTION OFHORIZONAIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENTOFPART241 SUBMISSIONS UNDER RULE 12