### SERVED: SEPTEMBER23, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC IN THE MATTER OF ARCTIC AIR ALASKA, INC. DOCKETNO. FAA2014-0316 (Civil Penalty Action).

PROTECTIVE ORDER .... ··... -., ···-

We find 

### sua sponte, documents and/or pleadings contained in the record in this matter shouldbe protected pursuantto the provisions of 14 C.F.R. Part 193 and my powers under 14 C.F.R. §13.226. 1 This proceeding contains information identified as sensitive information protectedby 14 C.F.R. § 193.72 and/or "personal identifying information" (P.I.I.) protected under The Privacy Act of 1974, 5 U.S.C. §552a. Some documents and/or pleadings containnon-segregable safety- and/or security-related information, the withholding ofwhich from disclosure is consistent with the safety and security responsibilities ofthe Federal Aviation Administration ("FAA"). Some documents reveal trade secrets orprivileged orconfidential commercial or financial information. We are generally concerned about sealing the entire docket inthe face ofA.P.A. requirements for a public hearing3 andthe lack ofaccessibility to precedents. However, the present matter involves pleadings, documents andtestimony containing sensitive security information as set forth above. WHEREFORE, itbe and is hereby ORDERED as follows: 1. All documents subjectto this Protective Order, (hereinafter "ProtectedMaterials") whether supplied voluntarily orpursuant to subpoena

### duces tecum, shall be

1 §13.226(a) authorizes an administrative lawjudgeto "orderthat any information contained in the record be withheld from public disclosure." 2 "When the FAA issues an order designating information as protected under this part, the FAA does not disclose the information except as provided in this part
..." 3 In general a public hearing under the Administrative Procedure Act requires public disclosure, absent a showing ofgood cause for confidentiality.**See,~,** Japan Charter Authorization Proceeding ( 1988/1989), DOT Docket45582, Order 45582-3 dated May 17, 1988; Trans World Airlines, Enforcement Proceeding, DOT Order 76-9-76, p. 3; U.S.-Australia Service Proceeding, DOT Docket 46034, Orderdated May 3, 1989; Continental Airlines, FAA Docket CP89WP0022, et al., Order dated September 29, 1989, p. 4, n. 5. .: i:I • subjectto the following terms and conditions for the purpose ofprotecting the confidentiality ofsuch information (referred to as "confidential information"): a. Protected Materials shall be disclosed only to the staffofthe undersigned formally assigned to this proceeding and/or to agency and/or respondent's counsel and their staffformally assigned to this proceeding; and b. Disclosure ofProtected Materials to any person described in Paragraph (a) ofthis order shall be only for the purpose ofthis proceeding and for no otherpurpose; and c. All Protected Materials information shall be prominently marked as "Confidential- Subjectto Protective Order," and shall be kept by agency/respondent counsel in secure, segregated facilities. Access to those facilities shall be permitted onlyto persons designated in Paragraph (a) of this order; and d. Disclosure ofProtected Materials may be made to experts retained by Agency and/or Respondent's counsel for purposes ofthis litigation. Those persons to whom disclosure is permitted under this Order shall not make further disclosure to anyone; and e. No portion ofthe Protected Materials shall be copied orrecorded in any manner, other than in the work papers, notes, or memoranda ofperson designated in Paragraph (a) ofthis order, and all suchwork papers shall be treated as Protected Materials. 2. Nothing herein shall be construed to prevent the Administrative Law Judge or any reviewing authority from disclosing Protected Materials as may be necessary to reach a decision on any matter raised in connection with this litigation. 3. The following [proposed exhibits] are coveredby this Protective Order and hereby identified as "Protected Materials": 2013 Tax Returns ofArctic Air Alaska, Inc. 2012 Tax Returns ofArctic Air Alaska, Inc. 2011 Tax Returns ofArctic Air Alaska, Inc. Letter dated July 17, 2012 from Fairbanks Toxicology identifying individual on "random draw list"

Richard C. Goodwin Administrative LawJudge Attachment

- Service List

2SERVICE LIST ORIGINAL & ONE COPY 

### Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W1000 1

James I.

### Hamilton, President /CEO Arctic Air Alaska, Inc., Respondent 3540 University Ave. South Fairbanks, AK 99709 Peter Lynch, Complainant's Counsel Assistant Chief Counsel for Enforcement Office of

### the Chief Counsel, AGC-300 Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591

TEL: 202-267-7728 FAX: 202-267-5106 ONE COPY



### The Honorable Richard C. Goodwin, Administrative Law Judge Office ofHearings, M-20 U.S. DepartmentofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 Docket No. FAA-2014-0316 (Civil Penalty Action)

1Searvice w...as by U.S. Mail. For service in personor by expedited courier, use the following

ad ress: tederal Aviation Administration, 600 IndependenceAvenue, S.W., Wilbur WrightBuilding-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.
3