Motion of 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY iJ!j .'.;\i -2 

WASHINGTON, D.C. 

I_:) 2: 53 

HORIZON AIR INDUSTRIES, INC. 

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Docket OST-96-1575 

For confidential treatment of Part 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: 

Bryan J. 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 AIR INDUSTRIES, INC. 

Page 1 of 4 -MOTION OF HORIZON AIR INDUSTRIES, INC. FOR CONFIDENTIAL 

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12 
Motion of 

BEFORE THE 

DEPARTMENT OFTRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

HORIZON AIR INDUSTRIES, INC. 

) 

) 

) 

) 

) 

) 

) 

Docket OST-96-1575 

For confidential treatment of Part 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 of Practice, Horizon Air Industries, 

Inc. ("Horizon") hereby moves to withhold from public disclosure for a period of ten years 

certain commercially-sensitive information contained in Schedule B-43 ("Inventory of Airframes 

and Aircraft Engines") of its Part 241 filings for the quarter ending December 31,2014. An 

unredacted version of Schedule B-43 is filed simultaneously with this Motion marked 

"Confidential Treatment Requested Under§ 302.12." 

In support of its 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 of the 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 of the public, including foreign and domestic 

competitors of Horizon and competitors ofHorizon's aircraft and engine suppliers. 

Page 2 of 4 -MOTION OF HORIZON AIR INDUSTRIES, INC. FOR CONFIDENTIAL 

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12 . . 
2. Certain price 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 of nwnerous commercial aircraft and engines 

Horizon has 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 of the 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 if it 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 

on the 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 if its release would have an "adverse effect on the competitive 

position of any carrier in foreign air transportation." 49 U.S.C. §40 I I 5(a)(2)(B). Public release 

of the 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 Gulf and 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 of this 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, if released under the FOIA, price and cost data 

concerning Horizon's aircraft transactions have the potential "to cause substantial harm to the 

competitive position of the person from whom the information was obtained." Id. at 770. 

WHEREFORE, Horizon respectfully requests the "Department of Transportation to 

Page 3 of 4 -MOTION OF HORIZON AIR INDUSTRIES, INC. FOR CONFIDENTIAL 

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12 
withhold the portions of the attached document(s) for which confidential treatment has been 

requested from public disclosure for a period of ten ( 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 4 of 4 - MOTION OF HORIZON AIR INDUSTRIES, INC. FOR CONFIDENTIAL 

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12