BEFORE THE 

. DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

. WASHINGTON, D.C. 

Motion of 

HORIZON AIR INDUST.R!ES, INC. 

·For confidential treatment of Part 241 

Submissions under 14 C.P.R.§ 302.12 

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Docket OST-96:.1575 

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 

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

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12 
Motion of 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

HORIZON AIR INDUSTRIES, INC. 

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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 

Pursuant to section 302.12 of 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-7 ("Airframe and Aircraft. 

Engine Acquisitions and Retirements") of its Part 241 filings for the quarter ending March. 31, · 

2013. An unredacted version of Schedule B-7 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 of Horizon'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 

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2. Certain price and cost data contained in Schedule B-7 are highly sensitive and 

confidential. More specifically, Schedule B-7 reflects the cost of commercial aircraft and 

engines Horizon purchased 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 of the 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 if it 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 

on the issue, or (B) establishes particular criteria for withholding, or refers to particular types of 

matters to be withheld." Section 1104 ofthe Federal Aviation Act (49 U.S.C. § 1504) 

specifically requires 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 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-7 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 

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

TREATMENT OFPART 241 SUBMISSIONS UNDER RULE 12 
concerning Horizon's aircraft transactions have the potential "to cause substantial hann to the· 

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

WHEREFORE, Horizon respectfully requests the Department of Transportation to 

withhold the redacted portions of the 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. 

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

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12 

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