SERVED: NOVEMBER 1, 2012,) 

ZOIZ 

US DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

· INTHEMATTEROF 

LEADING EDGE AVIATION, INC . 

. FAA DOCKET No. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS No; FAA-2012-0783 

ORDER GRANTING 

MOTION FOR CONFIDENTIAL ORDER 

-? <-

Complainant has filed a Motion for Confidential Order ("Motion") under§ 13.220(g) 

of the 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 only to the parties and otherwise be withheld from public disclosure. The 

information involved consists of the home addresses of two 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 of which 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 it will 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 of the 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 

1 The full title of Respondent's filing is "Respondent's Response to the FAA's Motion for Confidential Order and 

Motion to Bar Certain Documents." 
2 

to seek similar treatment of the STC and manual-related documents because they are 

the property of third 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 of the foregoing, 

1 -- Prior to the production of the documents, Complainant shall affix the word 

"CONFIDENTIAL" in a conspicuous manner on the face of the 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 for the preparation of this case, and not for any other 

purpose whatsoever and shall not be disclosed, given, shown, made available, 

discussed, or otherwise communicated in any way to anyone other than the 

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

witnesses designated by the parties to whom disclosure is necessary to enable 

adequate preparation for the case. 

(b) Counsel obtaining copies of the information shall retajn such copies in 

their custody and shall assure that copies of documents obtained are not 

recopied for any purpose other than 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 or with the judge 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 of this 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 of the provisions of this. Order and agree to protect 

such information in accordance with its terms. This Declaration shall be 

binding and it shall be filed with the judge. · 
3 

3 -- Any relief requested and not expressly granted by this Order is hereby 

DENIED. 

R'icl1ardC:GOOCIWin 

~c~~& 

U.S. Adminsitrative Law Judge 

. Attachments- Service List 
4 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1000

1 

ONE COPY 

Fred C. Begy, III~ Respondent's Counsel 

Chuhak &Tecson, Attorneys at Law 

30 South Wacker Drive, Suite 2600 

Chicago, IL 60606 

. TEL: 312-855-5442 

FAX: 312-368-9422 

Carri A. Conlon, Respondent's Counsel 

Chuhak &Tecson, Attorneys at Law 

30 South Wacker Drive, Suite 2600 

Chicago, IL 60606 

TEL: 312-855-4617 

FAX: 312-444-9027 

Jeffrey M. Harper, Complainant's Counsel 

Attorney, Office of Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, W A 98057 

TEL: 425-227-2161 

FAX: 425~227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation . 

1200NewJersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Staff Assistant FAX: 202-366-7536 

FDMS No. FAA-2012-0783 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W.; Wilbur Wright Building-Suite 2Wl000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.