Application Of: 

SERVED: DECEMBER 15, 2015 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. FAA-2015-3309 

SPIRIT AVIONICS, LTD. 

) 

) 

) 

) 

Applicant ) 

For Fees & Expenses Under the EAJA 

ORDER GRANTING THE APPLICANT'S MOTION TO WITHHOLD 

FINANCIAL INFORMATION FROM THE PUBLIC RECORD 

On October 2, 2015, the Applicant, Spirit Avionics, LTD. filed an Application for an 

Award of Attorney Fees and Other Expenses Pursuant to the Equal Access to Justice ("EAJA") 

("Application"). This Application originates from an FAA civil penalty proceeding, Docket No. 

FAA-2014-0119. 

That same day, October 2, 2015, the Applicant filed a Motion to Withhold Confidential 

Financial Information from Public Record ("Motion"). 

On November 2, 2015, the FAA filed the Administrator's Response to Application for 

Award of Attorney's Fees and Expenses Under the Equal Access to Justice Act ("Response"). 

On November 17, 2015, the Applicant filed a Reply to Answer of Respondent ("Reply"). 

Brief Discussion 

Pursuant to the FAA's rules implementing the EAJA, 14 C.P.R. Part 14, each applicant1 

for EAJA funds must submit a detailed exhibit showing the net worth of the applicant and any 

affiliates at the time the underlying proceeding was initiated, 14 C.P.R. § 14.11(a). "Ordinarily, 

the net worth exhibit will be included in the public record." !d. 14 C.P.R. § 14.11(c). However, 

an applicant that objects to the public disclosure of the net worth exhibit may submit the net 

worth exhibit to the judge in a sealed envelope, accompanied by a motion to withhold the 

1 Certain exceptions exist for qualified tax-exempt organizations or cooperative associations. These exceptions are 

inapplicable to this proceeding. 
information. ld. The applicant's motion must "describe the information sought to be withheld 

and explain, in detail, why it should be exempt under applicable law or regulation, why public 

disclosure would adversely affect the applicant, and why disclosure is not required in the public 

interest." ld. 14 C.P.R. § 14.11(c). 

In the instant case, the Applicant properly submitted its net worth exhibit in a sealed 

envelope accompanied by its Motion. The Applicant requests that the entire net worth exhibit be 

withheld and asserts that "it is a privately held entity and as such, information relating to its 

finances is strictly confidential." (Mot. 2.) The FAA did not respond to the Applicant's October 

2, 20 15 Motion. 2 

While the Applicant's Motion lacks some detail regarding the applicable law or 

regulation exempting the information from disclosure and why public disclosure would 

adversely affect the Applicant, the Motion is unopposed by the FAA and provides sufficient 

explanation to grant the Applicant's request to withhold from public disclosure the net worth 

exhibit. 

Pursuant to 14 C.P.R.§ 14.11(c)(3), and having reviewed the case file, all pleadings and 

motions, all relevant caselaw, statutes, regulations, rules, and authority, and being fully advised; 

IT IS HEREBY ORDERED: 

1. The Applicant's Motion to Withhold Confidential Information from the Public Record is 

granted. 

2. Any request to inspect or copy the Applicant's net worth exhibit shall be addressed 

pursuant to 14 C.P.R.§ 14.11(c). 

Attachment: Service List 

2 Although the rules provide a deadline for the FAA to file an answer to the application, they do not specifically 

provide any deadline for responding to an applicant's motion to withhold information. This silence in the rules does 

not preclude the FAA from filing a response, if it chooses. 

Page 2 of2 
Docket No. FAA-2015-3309 

(Equal Access to Justice Act) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10003 

ONE COPY 

Ms. Kate Barber 

Complainant's Counsel 

Federal Aviation Administration, AGL-7 

2300 East Devon A venue 

Des Plaines, IL 60018-4696 

TEL: 847-294-7862 

FAX: 847-294-7498 

Mr. Jerry A. Eichenberger 

Respondent's Counsel 

EICHENBERGER & ASSOCIATES 

603 7 Frantz Road, Suite 107 

Dublin, OH 43017 

TEL: 614-798-1600 

FAX: 614-798-1620 

Judge J .E. Sullivan 

US. Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

Ms. Lauren Hoysen 

Complainant's Co-Counsel 

Federal Aviation Administration, AGL-7 

2300 East Devon A venue 

Des Plaines, IL 60018-4696 

FAX: 847-294-7498 

FAX: 847-294-7498 

Mr. Patrick J. Moro 

Respondent's Co-Counsel 

EICHENBERGER & ASSOCIATES 

6037 Frantz Road, Suite 107 

Dublin, OH 43017 

TEL: 614-798-1600 

FAX: 614-798-1620 

E-mail: pmoro@ehlawyers.com 

3 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.