BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

^vORTATION 

:T OPERATIONS 

Q A uo 

Motion of 

HORIZON AIR INDUSTRIES, INC. 

For confidential treatment of Part 241 

Submissions imder 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: 

Bryan J. Colby 

Managing Director, Finance 

HORIZON AIR INDUSTRIES, INC. 

19512 International Boulevard 

Seattle, Washington 98188 

(206) 392-0279 

Kyle B. Levine 

Deputy General Counsel 

ALASKA AIRLINES, INC. 

19300 International Boulevard 

Seattle, Washington 98188 

(206) 392-5292 

Counsel for 

HORIZON AIR INDUSTRIES, INC. 

March , 2012 

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") and Schedule B-43 ("Inventory of Airframes and Aircraft 

Engines") of its Part 241 filings for the quarter ending December 31,2011. Unredacted versions 

of Schedules B-7 and B-43 are filed simultaneously with this Motion marked "Confidential 

Treatment Requested Under § 302.12." 

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 price and cost data contained in Schedules B-7 and B-43 are highly 

sensitive and confidential. More specifically, 

(a) Schedule B-7 reflects the cost of commercial aircraft and engines Horizon 

purchased or leased from Bombardier; and 

(b) Schedule B-43 discloses the acquisition cost, depreciation or amortization 

values and estimated residual values of numerous commercial aircraft and 

engines Horizon has purchased or leased from Bombardier since 1997. 

3. The commercially-sensitive information found in Schedules B-7 and B-43 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 "FOL\") 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 

fransportation." 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, foe, v. United States, 615 F.2d 527,529 (D.C. 

Cir. 1979). These price and cost data contained in Schedules B-7 and B-43 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, 89tii Cong., 1st Sess. 9 (1965)). Finally, if released under the FOL^, price and cost data 

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

TREATMENT OF PART 241 SUBMISSIONS UNDER RULE 12 
concerning Horizon's aircraft fransactions have the potential "to cause substantial harm to the 

competitive position of the person from whom the information was obtained." Id. at 770. 

WHEREFORE, Horizon respectftilly requests the Department of Transportation to 

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

ten (10) years. 

Respectfiilly submitted. 

March 2., 2012 

Kyle B. Levine 

Deputy General Counsel 

ALASKA AIRLINES, INC. 

19300 fotemational Boulevard 

Seattle, Washington 98188 

(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