SERVED: SEPTEMBER 23, 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 

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We find sua sponte, documents and/or pleadings contained in the record in this 

matter should be protected pursuant to 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 

protected by 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 contain non-segregable safety- and/or security-related information, the 

withholding of which from disclosure is consistent with the safety and security 

responsibilities ofthe Federal Aviation Administration ("FAA"). Some documents 

reveal trade secrets or privileged or confidential commercial or financial information. 

We are generally concerned about sealing the entire docket in the face of A.P.A. 

requirements for a public hearing3 and the lack of accessibility to precedents. However, 

the present matter involves pleadings, documents and testimony containing sensitive 

security information as set forth above. 

WHEREFORE, it be and is hereby ORDERED as follows: 

1. All documents subject to this Protective Order, (hereinafter "Protected Materials") 

whether supplied voluntarily or pursuant to subpoena duces tecum, shall be 

1 § 13.226(a) authorizes an administrative law judge to "order that 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 of good cause for confidentiality. See,~, Japan Charter Authorization 

Proceeding ( 1988/1989), DOT Docket 45582, 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, Order dated May 3, 1989; Continental Airlines, FAA Docket CP89WP0022, 

et al., Order dated September 29, 1989, p. 4, n. 5. 

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subject to the following terms and conditions for the purpose of protecting the 

confidentiality of such information (referred to as "confidential information"): 

a. Protected Materials shall be disclosed only to the staff of the undersigned 

formally assigned to this proceeding and/or to agency and/or respondent's 

counsel and their staff formally assigned to this proceeding; and 

b. Disclosure of Protected Materials to any person described in Paragraph (a) 

of this order shall be only for the purpose of this proceeding and for no 

other purpose; and 

c. All Protected Materials information shall be prominently marked as 

"Confidential- Subject to Protective Order," and shall be kept by 

agency/respondent counsel in secure, segregated facilities. Access to those 

facilities shall be permitted only to persons designated in Paragraph (a) of 

this order; and 

d. Disclosure of Protected Materials may be made to experts retained by 

Agency and/or Respondent's counsel for purposes of this litigation. Those 

persons to whom disclosure is permitted under this Order shall not make 

further disclosure to anyone; and 

e. No portion of the Protected Materials shall be copied or recorded in any 

manner, other than in the work papers, notes, or memoranda of person 

designated in Paragraph (a) ofthis order, and all such work 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 covered by this Protective Order and 

hereby identified as "Protected Materials": 

2013 Tax Returns of Arctic Air Alaska, Inc. 

2012 Tax Returns of Arctic Air Alaska, Inc. 

2011 Tax Returns of Arctic Air Alaska, Inc. 

Letter dated July 17, 2012 from Fairbanks Toxicology identifying individual on 

"random draw list" 

Richard C. Goodwin 

Administrative Law Judge 

Attachment - Service List 

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SERVICE LIST 

ORIGINAL & ONE 

COPY 

Federal Aviation Administration 

800 Independence A venue, 

S.W. Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000 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 of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-31 0) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

Docket No. FAA-2014-0316 

(Civil Penalty Action) 

1 Searvice w...as by U.S. Mail. For service in person or by expedited courier, use the following ad ress: tederal 

Aviation Administration, 600 Independence Avenue, S. W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

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