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### SERVED: December 1, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC IN THE MATTERS OF REGENT AEROSPACE CORPORATION FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013-0851 AND REGENTAEROSPACE CORPORATION FAADOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA 2013-0852

PROTECTIVE ORDER _,_;·



### Regent Aerospace Corporation, (hereinafter "Regent"), by oral motion at trial, asked to seal the record herein. The Federal Aviation Administration (hereinafter "FAA") took no position. Upon consideration ofthe pleadings, testimony and documents contained in the record ofthis proceeding we find the record should be protected pursuant to my powers under 49 C.F.R. §386.39 and grant Regent's Motion. The record contains documents identified as sensitive information and/or "personal identifying information" (P.I.I.) protected under The Privacy Act of 1974, 5 U.S.C. §552a. Some documents and/or pleadings contain non-segregable safety- and/or security-related information, the withholding ofwhich from disclosure is consistent with the safety and securityresponsibilities ofthe Federal Aviation Administration ("FAA"). Some documents reveal trade secrets or privileged orconfidential commercial or financial information. We are generally concerned about sealing the entire docket in the face ofA.P.A. requirements for a public hearing 1

### and the lack ofaccessibilityto precedents. However,

1 In general a public hearing underthe Administrative Procedure Act requires public disclosure, absent a showing ofgood cause for confidentiality.**See,~'** Japan Charter Authorization Proceeding (1988/1989), DOT Docket45582, Order45582-3 dated May 17, 1988; Trans World Airlines, Enforcement Proceeding,the present matter involves pleadings, documents and/or testimony containing sensitive security information as set forth above. The Court concludes the disclosure ofthis information would likely cause substantial competitive injury to Regent? WHEREFORE, itbe and is hereby ORDERED as follows: 1. All documents subject to this Protective Order, (hereinafter "ProtectedMaterials") whether supplied voluntarily orpursuantto subpoena

### duces tecum, shall be subjectto the following terms and conditions for the purpose ofprotectingthe confidentiality ofsuch information (referred to as "confidential information"): a. ProtectedMaterials shall be disclosed only to the staffofthe undersigned formally assignedto this proceeding and/or to agency and/or respondent's counsel andtheir staffformally assignedto this proceeding and their respective clients3; and b. Disclosure ofProtected Materials to any person described in Paragraph (a) ofthis order shall be only for the purpose ofthis proceeding and for no otherpurpose; and c. All Protected Materials information shall be prominentlymarked as "Confidential- Subjectto Protective Order," and shall be kept by agency/respondent counsel in secure, segregated facilities. Access to those facilities shall be permitted only to personsdesignated in Paragraph (a) of this order; and d. Disclosure ofProtectedMaterials may be made to experts retained by Agency and/or Respondent's counsel for purposes ofthis litigation. Those persons to whom disclosure is permitted under this Order shall not make further disclosure to anyone; and e. No portion ofthe Protected Materials shall be copied or recorded in any manner, otherthan inthe work papers, notes, or memoranda ofperson designated in Paragraph (a) ofthis order, and all such workpapers shall be treated as ProtectedMaterials. 2; Nothingherein shall be construed to preventthe undersigned Administrative Law Judge or any reviewing authority from disclosing Protected Materials as may be necessaryto reach a decision on any matter raised in connection with this litigation. 3. Thefollowing documents are coveredbythis Protective Order and hereby identified as "ProtectedMaterials": (a) Transcript oftheseproceedings conducted on October 1, 2 and 3, 2014; and

DOT Order 76-9-76, p. 3; U.S.-Australia Service Proceeding, DOT Docket 46034, Order dated May 3, 1989; Continental Airlines, FAA Docket CP89WP0022,**~ill.,** Order dated September 29, 1989, p. 4, n. 5. 2 Gilda Industries, Inc. v. U.S. Customs & Border Protection Bureau, 457 F.Supp.2d 6 (2006) 3 Defined as anyone covered by the attorney-client privilege. See Zurich American Ins. Co. v. Superior Court, 155 Cal.App.4th 1485 (2007). 2

### (b) All exhibits either "identified" and/or "admitted" in these proceedings; and (c) All pleadings and discovery which are apart ofthe administrative record. 4. The transcripts, exhibits and pleadings shall be withheld from FDMS; and 5. All documentary evidence shall be sealed by the Court and may be unsealed only by order ofthe undersigned U.S. Administrative LawJudge, the Administrator of the Federal Aviation Administration and/or his/her designee, or ajudge ofa Federal court; and · 6. The docket clerk shall substitute for the record a sheet indicating that the docket has been sealed and marked 

### "Confidential- Not Disclosure."

Richard C. Goodwin Administrative LawJudge Attachment

- Service List

3SERVICE LIST ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591

. Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10001 ONE COPY Reza Soltanian, Respondent's President Regent Aerospace Corporation and Airbase Services, Inc. 28110 West Harrison Parkway, Valencia, CA 91355-4109 TEL: 661-257-3000 FAX: 661-702-0241 JohnS. Hoff Jeffrey Clement, Respondent's Counsel HoffLaw Group 135 S. LaSalle Street, Suite 3300 Chicago, IL 60603-4134 TEL: 312-346-8111 FAX: 312-853-3924 Chris G. Zurales, Complainant's Counsel Attorney, Office ofRegional Counsel, Great Lakes Region, AGL-7K Federal Aviation Administration 2300 East Devon Avenue Des Plaines, IL 60018 TEL: 847-294-7713 FAX: 847-294-7498 The Honorable Richard C. Goodwin,Administrative Law Judge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 FDMS Nos. FAA-2013-0851 & FAA-20 13-0852 (Civil Penalty Actions)

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
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