BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Motion of

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HORIZON AIR INDUSTRIES, INC. Docket OST-96-1575

For confidential treatment of Part 241

Submissions under 14 C.F.R. § 302.12

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

Kyle B. Levine

Deputy General Counsel

ALASKA AIRLINES, INC.

19300 International Boulevard

Seattle, Washington 98188

(206) 392-5292

Counsel for

HORIZON AIR INDUSTRIES, INC.

March~, 2014

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

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12
BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Motion of

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)

.)

)

)

)

)

)

HORIZON AIR INDUSTRIES, INC. Docket OST-96-1575

For confidential treatment of Part 241

Submissions under 14 C.F.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 of ten years

certain commercially-sensitive information contained in Schedule B-7 ("Airframe and Aircraft

Engine Acquisitions and Retirements") and Schedule B-43 ("Inventory of Airframes and Aircraft

Engines") ofits Part 241 filings for the quarter ending December 31, 2013. Unredacted versions

of Schedules B-7 and B-43 are 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, INe. FOR CONFIDENTIAL

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12
2. Certain price and cost data contained in Schedules B-7 and B-43 are highly

sensitive and confidential. More specifically,

(a) Schedule B-7 reflects the cost of commercial aircraft and engines Horizon

purchased or leased from Bombardier.

(b) Schedule B-43 discloses the acquisition cost, depreciation or amortization

values and estimated residual values of numerous commercial aircraft and engines

Horizon has purchased from Bombardier since the 1990s.

3. The commercially-sensitive information found in Schedules B-7 and B-43 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 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 matters 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 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 any 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 V.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 Schedules B-7 and B-43 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

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

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

competitive position of the person from whom the information was obtained." ld. at 770.

WHEREFORE, Horizon respectfully requests the Department of Transportation to

withhold the portions of the attached document(s) for which confidential treatment has been

requested from public disclosure for a period often (10) years.

Respectfully submitted,

/LIl----=.. ... J_

KYIVB. I?evine

Deputy General Counsel

ALASKA AIRLINES, INC.

19300 International Boulevard

Seattle, Washington 98188

(206) 392-5292

Counsel for

HORIZON AIR INDUSTRIES, INC.

March~, 2014

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

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12