Application Of: 

### SERVED: DECEMBER 15, 2015 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS WASHINGTON, DC

DocketNo. FAA-2015-3309 SPIRIT AVIONICS, LTD. ) ) ) ) ) Applicant For Fees & Expenses Underthe EAJA



### ORDERGRANTING THEAPPLICANT'S MOTION TOWITHHOLD FINANCIAL INFORMATION FROMTHE PUBLIC RECORD On October 2, 2015, the Applicant, Spirit Avionics, LTD. filed anApplicationfor an Award ofAttorney Fees and OtherExpenses Pursuantto the Equal Access to Justice ("EAJA") ("Application"). This Application originates from an FAA civil penaltyproceeding, DocketNo. FAA-2014-0119. That same day, October 2, 2015, the Applicant filed a Motionto Withhold Confidential Financial Information from Public Record ("Motion"). OnNovember 2, 2015, the FAA filed the Administrator's Response to Application for Award ofAttorney's Fees and Expenses Under the Equal Access to Justice Act ("Response"). OnNovember 17, 2015, the Applicant filed a Reply to Answer ofRespondent ("Reply"). BriefDiscussion Pursuant to the FAA'srules implementing the EAJA, 14 C.P.R. Part 14, each applicant1 for EAJA funds must submit a detailed exhibit showing the net worth ofthe applicant and any affiliates atthe time the underlyingproceeding 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 ofthe net worth exhibit may submitthe net worth exhibitto thejudgein a sealed envelope, accompaniedby a motion to withholdthe

1Certain exceptions exist for qualifiedtax-exempt organizations or cooperative associations. These exceptions are inapplicable to this proceeding.information. 

### ld. The applicant's motion must "describe the information soughtto be withheld and explain, in detail, why 

### it should be exempt under applicable law or regulation, whypublic 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 exhibitbe withheld and asserts that "itis a privately held entity and as such, informationrelating to its finances is strictly confidential." (Mot. 2.) The FAA did not respond to the Applicant's October 2, 2015 Motion.2 While the Applicant's Motion lacks some detail regarding the applicable lawor 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.Pursuantto 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; 

### ITIS HEREBY ORDERED: 1. The Applicant's Motionto 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 pursuantto 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 respondingto an applicant's motion to withhold information. This silence inthe rules does notpreclude the FAA from filing a response, ifit chooses. Page 2 of2DocketNo. FAA-2015-3309 (Equal Access to Justice Act) 

### SERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal AviationAdministration 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 Avenue Des Plaines, IL 60018-4696 TEL: 847-294-7862 FAX: 847-294-7498

Mr. Jerry A. Eichenberger Respondent's Counsel EICHENBERGER & ASSOCIATES 6037Frantz Road, Suite 107 Dublin, OH 43017 TEL: 614-798-1600 FAX: 614-798-1620

Judge 

### J.E. Sullivan US. Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200NewJersey 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 Avenue 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 orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.