### SERVED: NOVEMBER 1, 2012,)
ZOIZ

US DEPARTMENTOF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

· INTHEMATTEROF
LEADING EDGE AVIATION, INC

.

.FAADOCKETNo. [TO BEASSIGNED] (Civil PenaltyAction)
FDMS No; FAA-2012-0783



### ORDER GRANTING MOTION FOR CONFIDENTIAL ORDER -? <-

Complainant has filed a Motion for Confidential Order ("Motion") under§ 13.220(g) ofthe Rules of Practice in FAA Civil Penalty Proceedings, 14 C.F.R. § 13.201 

### et**seq~** The. Motion asks that certain information it has been asked to provide in discovery

## be disclosed onlyto the parties and otherwise be withheld from public disclosure. The information involved consists ofthe home addresses oftwo former FAA employees, a Supplemental Type Certificate ("STC"), and certain provisions of Bell Helicopter Textron ("Bell") maintenance manuals. In support of its request, Complainant asserts that the addresses are sensitive material generally protected ·from public disclosure. The documents, it asserts, include commercial information and proprietary data, the disclosure ofwhich would result in unwarranted prejudice and harm to the owners of that data. Respondent Leading Edge Aviation, Inc. ("Respondent") has filed in opposition ("Response"). 1 It does notagree that the home addresses warrant confidential treatment but itwill stipulate to such a restriction. The dissemination of home addresses, I find, constitutes a potentially far-reaching, and unwarranted, invasion of privacy-- particularly in this age ofthe internet- and can have additional malevolent consequences with no corresponding benefits. As such, they will be subject to a confidential order. Respondent's further argument that the Complainant lacks standing

1The full title of Respondent's filing is "Respondent's Response to the FAA's Motionfor Confidential Order and Motion to Bar Certain Documents."2

to seek similar treatment ofthe STC and manual-related documents because they are the property ofthird parties no longer has force. Complaincmt's Response to Motion to Bar Certain Documents ("Reply") submitted do.cuments purporting to grant the FAA permission to use the subject data (Exhibits 1 and 2 to the Reply), so Respondent's objection is moot. I find that these materials constitute commercial and proprietary information and also warrant confidential treatment. For the aforementioned reasons, Complainant's Motion is hereby GRANTED.
In view ofthe foregoing,
1

-- Prior to the production ofthe documents, Complainant shall affix the word "CONFIDENTIAL" in a conspicuous manner on the face ofthe document or on the face of an envelope or similar packet containing the document;
2

-- Any information designated as CONFIDENTIAL shall be subject to the following restrictions: (a) Such information, documents, the contents thereof, any n,otes, drafts, summaries, excerpts or copies thereof, and any information obtained therein shall be used only forthe preparationofthis case, and notfor any other purposewhatsoever and shall not be disclosed, given, shown, made available, discussed, or otherwise communicated in any way to anyone otherthan the

· judge, the parties, counsel of record for the parties, their employees and

witnesses designated bythe parties to whom disclosure is necessary to enable adequate preparation for the case. (b) Counsel obtaining copies ofthe information shall retajn such copies in their custody and shall assure that copies of documents obtained are not recopied for any purpose otherthan the preparation for this case. (c) To the extent thatthe contents of or information obtained from any documents designated as CONFIDENTIAL are quoted, attached to, paraphrased, referred to; or described in any pleading, motion, memorandum, appendix, or other filing of any party orwith thejudge in this case, counsel for such party shall file such submission under seal. Further, such party shall ensure that all parties to whom he/she gives this information are familiar with the requirements ofthis Order. (d) Each person to whom documents and information designated as CONFIDENTIAL is to be disclosed in any way, shall, by Declarati.on in writing, state his/her awareness ofthe provisions ofthis. Order and agree to protect such information in accordance with its terms. This Declaration shall be binding and it shall be filed with thejudge. ·

### 3

3

-- Any relief requested and not expressly granted bythis Order is hereby 

### DENIED.

# ~c~~& R'icl1ardC:GOOCIWin U.S. Adminsitrative Law Judge

.Attachments- Service List4



### SERVICE LIST ORIGINAL & 

### ONE COPY

Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: HearingDocketClerk, AGC-430 Wilbur Wright Building-Suite2W10001


### ONE COPY Fred C. Begy,

### III~

### Respondent's Counsel Chuhak &Tecson, Attorneys atLaw 30 SouthWackerDrive, Suite 2600 Chicago, IL 60606

. TEL: 312-855-5442

FAX: 312-368-9422
Carri 

### A. Conlon,

### Respondent's Counsel Chuhak &Tecson, Attorneys atLaw 30 SouthWackerDrive, Suite 2600 Chicago, IL 60606 TEL: 312-855-4617 FAX: 312-444-9027 Jeffrey M. Harper, 

### Complainant's Counsel Attorney, Office ofRegional Counsel NorthwestMountainRegion, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, WA 98057 TEL: 425-227-2161 FAX:**425~227-1007** TheHonorableRichard C. Goodwin,

### Administrative Law

### Judge Office ofHearings, M-20 U.S. Department ofTransportation

. 1200NewJerseyAvenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-2139 Attorney-Advisor 202-366-5121 StaffAssistantFAX: 202-366-7536 FDMSNo. FAA-2012-0783 (CivilPenalty Action)

1 Servicewasby U.S. Mail. For service inperson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W.; Wilbur WrightBuilding-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.