BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

^•^^^ARTMENTOF 

•Ai,:SPORTATION 

•:i.T OPERATIONS 

•A;^-TC~ 8 P 2:0 5 

Motion of 

HORIZON AIR INDUSTRIES, INC. 

For confidential treatment of Part 241 

Submissions under 14 C.F.R. § 302.12 

Docket OST-96-1575 

MOTION OF HORIZON AIR INDUSTRIES, INC. 

FOR CONFIDENTIAL TREATMENT OF 

PART 241 SUBMISSIONS UNDER RULE 12 

Please forward all communications concerning this motion to: 

Mark Eliasen 

Vice President, Finance 

HORIZON AIR INDUSTRIES, INC. 

19512 International Boulevard 

Seattle, Washington 98188 

(206)392-0315 

Kyle B. Levine 

Associate General Counsel 

ALASKA AIRLINES, INC. 

19300 International Boulevard 

Seattle, Washington 98188 

(206) 392-5292 

November 3, 2010 

Counsel for 

HORIZON AIR INDUSTRIES, INC. 

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

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12 
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Motion of 

HORIZON AIR INDUSTRIES, INC. 

For confidential treatment of Part 241 

Submissions under 14 C.F.R. § 302.12 

Docket OST-96-1575 

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 often years 

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

Engine Acquisitions and Retirements") of its Part 241 filings for the quarter ending 

September 30, 2010. An unredacted version of Schedule B-7 is filed with this Motion in a sealed 

envelope marked "Confidential Treatment Requested Under § 302.12." A redacted, unsealed 

version of the schedule also accompanies this Motion, the omitted information having been 

replaced with "*CTR." 

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 INC. FOR CONFIDENTIAL 

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12 
2. Certain amortization data contained in Schedule B-7 are highly sensitive and 

confidential. 

3. The commercially-sensifive information found in Schedule B-7 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 if it 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 U.S.C. § 

552(b)(4); see also Gulf and Western Industries. Inc. v. United States. 615 F.2d 527, 529 (D.C. 

Cir. 1979). The financial data contained in Schedule B-7 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, financial data 

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." Id. at 770. 

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

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12 
WHEREFORE, Horizon respectfully requests the Department of Transportation to 

withhold the redacted portions of the attached, sealed documents from public disclosure for a 

period often (10) years. 

Respectfully submitted, 

November 3, 2010 

Kyle B. Levine 

Associate General Counsel, 

Commercial Law & Litigation 

ALASKA AIRLINES, INC. 

19300 International Boulevard 

Seattle, Washington 98198 

(206) 392-5292 

Counsel for 

HORIZON AIR INDUSTRIES, INC. 

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

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12