LAC 46:LXX.12110. Public Records; Exception for Confidential, Trade Secret and Proprietary Matters

A. A pilot association, a member of industry, or any other person with a substantial interest submitting documents to the Commission, including the submission of relevant records of entities or persons not party to a proceeding, may request that the Commission maintain such documents as confidential information and exempt from public disclosure, upon a showing that they contain trade secrets or proprietary or confidential information. Records found by the Commission to be trade secret, proprietary or confidential shall be kept confidential and exempt from public disclosure. B. Each request for confidentiality must allege that the document contains confidential or proprietary matters or trade secrets and shall include all of the following: 1. a statement as to whether the request for confidentiality is based upon confidential, proprietary or trade secret information; 2. a list or an index identifying each separate record or category of records and stating the legal authority under which each separate record should be determined to require confidentiality; 3. a statement of the measures taken by the requester to guard against undesired disclosure to others of each record or document; 4. a statement of the extent to which the document or record has been disclosed to others and the precautions against further disclosure taken in connection therewith; 5. a certification that the requester has personal knowledge of the pertinent facts and that all representations of facts are true and correct to the best of the requester's knowledge. C. Each request shall be submitted with two versions of the information or records; one version to be clearly marked "confidential," and the other to be clearly marked "public." 1. The confidential version shall show all information and clearly indicate what confidential information is excised from the public version. 2. The public version shall have the confidential information excised and clearly show that confidential information has been excised. 3. Blacking out confidential portions of otherwise public records is permissible, provided that the blacked-out portions are clearly identified in both confidential and public versions. D. Such a request submitted with respect to information filed in a docketed proceeding assigned to a Hearing Panel or Hearing Master may be made by a Motion for Protective Order and decided by the Hearing Panel or Hearing Master, subject to appeal to the Commission, pursuant to Rule 33. Otherwise, the Commission shall make the final decision on any such request supported by reasons. E. A hearing shall be held to decide the request if there is an objection to the confidential treatment by a party in interest or if the Commission, Hearing Panel or Hearing Master determines that a hearing is necessary. F. Only members of the Commission, the Hearing Panel or the Hearing Master, as the case may be, shall have access to the documents or records submitted for determination of their confidentiality, except other parties may review pursuant to a confidentiality agreement. G. Prior to filing confidential information, a party may file a motion for a declaratory ruling that certain types of information or specific information should be protected pursuant to this Rule. Any decision on such motion shall be considered a final decision subject to appeal. H. Individual compensation, directly or indirectly related to the performance of official pilot duties, paid to pilots commissioned in Louisiana, and contained in the business and tax records of a pilot association or other business performing pilot-related activities, shall not be considered confidential information.