BEFORE THE j';• '• 

i;'. I "b ;\ (l:>U!MTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Motion of. 

HORIZON AIR INDUSTRIES, INC. 

·For confidential treatment of Part 241 . 

Submissions under 14 C.F.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 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. 

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

TREATMENT OF PART241 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 of Part 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 of the Department's Rules of Practice, Horizon Air Industries, 

Inc. ("Horizon") hereby moves to withhold from public disclosure for a period often 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 June 30, 

2012. 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 coQ.fidential 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 '!>e 

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 PART241 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 of commercial aircraft and 

engines Horizon purchased or leased from Bombardier. 

3. The commercially"sensitive information found in Sch~dule B"7 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 iti'agency records should be withheldfrom 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 i~sue, or (B) establishes particular criteria for withholding, or refers to particular types of 

matters to be withheld." Section 1104 of the 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 of ariy carrier in foreign air 

transportation." 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"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, if released under the FOIA, price and cost data 

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

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

withhold the r~dacted portions of the attached documents from public disclosure for a period of 

ten (1 0) 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 of 4 -MOTION OF HORIZON AIR INDUSTRIES, INC. FOR CONFIDENTIAL 

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12