BEFORE THE

. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY

. WASHINGTON, D.C.

Motion of HORIZON AIR INDUST.R!ES, INC. ·For confidential treatment ofPart 241 Submissions under 14 C.P.R.§ 302.12 ) ) ) ) 

### ) ) ) Docket OST-96:.1575

MOTION OF HORIZON AIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENTOF PART 241 SUBMISSIONS UNDERRULE 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

April30, 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 TREATMENTOFPART241 SUBMISSIONS UNDER RULE 12Motion of 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 AIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OF PART241 SUBMISSIONS UNDER RULE 12

Pursuantto section 302.12 ofthe Department's Rules ofPractice, Horizon AirIndustries, 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") ofits Part 241 filings for the quarter ending March.31,· 2013. 

### An unredacted version ofSchedule B-7 is filed simultaneously with this Motionmarked
. "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 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 of4- MOTION OFHORIZONAIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OFPART241 SUBMISSIONS UNDER RULE 12 

### !2. Certain price and cost data contained in Schedule B-7 are highly sensitive and confidential. More specifically, Schedule B-7 reflects the cost ofcommercial aircraft and engines Horizonpurchased or leased from Bombardier. 3. The commercially-sensitive information found in Schedule B-7 should be

. withheld from public disclosure pursuant to Exemptions 3 and 4 ofthe Freedom oflnformation

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 ifit is specifically exempted from disclosure by a statute, provided that the statute "(A) requires that the**ma~ers** 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 particulartypes of matters to be withheld." Section 1104 ofthe Federal Aviation Act (49 U.S.C. 

### § 1504) specificallyrequires the Department to 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. 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 alsoGulfand Western Industries, Inc. v: United States, 615 F.2d 527, 529 (D.C. Cir. 1979). These price and cost data contained in Schedule B-7 are ofthis nature and, additionally, "wouldcustomarily 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 

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### concerning Horizon's aircraft transactions have the potential "to cause substantial hann to the· competitive position. oftheperson from whom the information.was obtained." Id. at 770. WHEREFORE, Horizon respectfully requests the Department ofTransportation to withhold the redacted portions ofthe attached documents from public disclosure for a period of ten (10) years.

April30, 2013 Respectfully submitted,

Kyle B. Levine
·Deputy General Counsel ALASKA AIRLINES, INC. 19300'Intemational Boulevard Seattle, Washington 98198 (206) 392-5292

.Counsel for HORIZON AIR INDUSTRIES, INC.

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