BEFORE THE j';• '• i;'. I 

### "b ;\ (l:>U!MTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Motion of. HORIZON AIR INDUSTRIES, INC. ·Forconfidential treatment ofPart 241

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Submissions under 14 C.F.R § 302.12 ) ) ) ) ) ) ) Docket OST-96-1575

MOTION OF HORIZON AIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12
Please fqrward all communications concerning this motion to: Bryan J. Colby Managing Director, Finance HORIZON AIR INDUSTRIES, INC. 19512 International Boulevard Seattle, Washington 98188 (206) 392-0279

August 1, 2012 Kyle B. Levine Deputy General Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98188 (206) 392-5292
Counsel for · HORIZON AIR INDUSTRIES, INC.

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### -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.P.R. § 302.12

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

.Pursuant to section 302.12 ofthe Department's Rules ofPractice, Horizon Air Industries, Inc. ("Horizon") hereby moves to withhold from public disclosure for a period oftenyears certain commercially-sensitive information contained in Schedule B-7 ("Airframe andAircraft Engine Acquisitions and Retirements") ofits Part 241 filings for the quarter ending June 30, 2012. An unredacted version ofSchedule B-7 is filed simultaneously with this Motion marked "Confidential Treatment Requested Under§ 302.12." In support ofits Motion, Horizon offers the following points and authorities: 1. The data for which coQ.fidential treatment is sought is being disclosed to the Departmentpursuant to 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 '!>e available for inspection and copying by members ofthe public, including foreign and domestic competitors ofHorizon and competitors ofHorizon's aircraft and engine suppliers.

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### MOTION OFHORIZONAIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENTOFPART241 SUBMISSIONS UNDER RULE 122. Certainprice 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 Horizon purchased or leased fromBombardier. 3. The commercially"sensitive information found in**Sch~dule** B"7 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. Under Exemption 3, information iti'agency records should be withheldfrom the public ifit is specifically exempted from disclosure by a statute, provided thatthe statute "(A) requires that the matters be withheld from the public in such a manner as to leave no discretion
onthe**i~sue,** or (B) establishes particular criteria for withholding, orrefers 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 ofariy carrier in foreign air transportation." Public release ofthe aircraft and engine cost datato 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"7 are ofthisnature 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 II II II II

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### "MOTIONOFHORIZONAIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENTOFPART241 SUBMISSIONS UNDER RULE 121i 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 ofTransportation to withhold the**r~dacted** portions ofthe attached documents from public disclosure for a period of ten (10) years.

August 1, 2012 Respectfully submitted,**KyleB.L~** Deputy General Counsel ALASKA AIRLINES, INC. 19300 International Boulevard Seattle, Washington 98198 (206) 392-5292 Counsel for 

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HORIZON AIR INDUSTRIES, INC.

Page 4 of4 -MOTIONOFHORIZONAIR INDUSTRIES, INC. FOR CONFIDENTIAL TREATMENTOFPART241 SUBMISSIONS UNDER RULE 12