BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application s of

AERODYNAMICS INCORPORATED

for certificate s of public convenience and necessity under 49 U.S.C. § 41102 to engage in

interstate and foreign charter air tr ansportation of persons, property and mail Docket s DOT

- OST

- 2001

- 10985

DOT

- OST

- 2001

- 10986

MOT I ON OF AERODYNAMICS INCORPORATED

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE

Communications with respect to this document should be sent to:

Aaron A. Goerlich
Garofalo Goerlich Hainbach PC 1200 New Hampshire Avenue NW Washington, DC 20036

- 6802 (202) 776

- 3974 agoerlich@ggh

- airlaw.com

Counsel for Aero dynamics Incorporated

March 12, 2014BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application s of

AERODYNAMICS INCORPORATED

for certificate s of public convenience and necessity under 49 U.S.C. § 41102 to engage in
interstate and foreign charter air transportation of persons, property and mail Docket s DOT

- OST

- 2001

- 10985

DOT

- OST

- 2001

- 1 0986

MOTION OF AERODYNAMICS INCORPORATED

TO WITHHOLD INFORMATION FROM PUBLIC DISCLOSURE

Pursuant to Rule 12 of the Department’s Rules of Practice, Aerodynamics

Incorporated (ADI) moves to withhold from public disclosure the redacted information in

E xhibits A and B to ADI’s N otic e of I ntent to Resume C ertificated Air C arrier O perations

dated March 12, 2014 (Notice of Intent)

. Unredacted versions of the affected pages have

been submitted directly to the Department’s Air Carrier Fitness Division. In support of

this motion, ADI states as foll ows.

1. ADI has requested that its dormant DOT certificate authority be reinstated, and

has filed in this docket the updated fitness information required by Part 204 of the

Department’s regulation s . That information contains highly confid ential commercial and

financial information that, to ADI’s understanding, is exempt from disclosure under the

Freedom of Information Act (FOIA).

2. The redactions, which ADI has limited to the greates t extent possible, are found

on pages 9, 10, 45, 46, 51, 85, 86 and 90 of the PDF file co ntaining the Notice of Intentand exhibits . Each redaction protects highly proprietary commercial and financial

information which, if disclosed to ADI ’ s actual or potential competitors, could easily

interfere with the consummation and continuation of ADI’s agreement with T ortug ’ A ir

S

. A

. described in Exhibit B to the Notice of Intent. The redacted information includes :

• detailed operating c os ts ADI expects to incur in the subject operation s ;

• the revenues those opera tions are expected to generate;

• ADI’s anticipat ed financial posture at th e conclusion of one year of the

operations, which if made public would effect ively disclos e ADI’s

anticipated profit margin on the service;

• the identity of existing customers from whom ADI has received charter

paym ents, an d

• the distribution of ownership and voting interest am ong the individual

owners of ADI.

Under ordinary circumstances, none of this information would be made available to

persons outside ADI, a closely

- held company. I n deed, m uch of the information goes

directly to ADI ’ s EMB

- 145 operating costs and the commercial viability of the planned

operations for Tortu g ’ Air

– the last thing ADI could afford to have in the hands of

competitors and customers.

3. The information ADI seeks to wi thhold from public disclosure is commercial or

financial, obtained from a person outside the government, and privileged or confidential.

Thus it falls within the exemption from disclosure provided for “trade secrets and

commercial or financial information obtained from a person and privileged or

confidential” under FOIA

, 5 U

. S

. C

. § 552(b)(4).

4. Public disclosure of this confidential information would have clear adverse

consequences. Chief among them is the chilling effect such disclosure could have onex pansion by carriers operating under air taxi authority, such as ADI, into operations

requiring a DOT fitness finding. T his, in turn, would adversely affect the public interest

since it could prevent or deter such carriers from entering the broader market or, in some

cases, maintaining the financial posture necessary to meet the Department’s

requirements. In order to best serve the traveling public and foster a vigorous and

competitive marketplace, it is essential that expansion and other forms of new entry be

encouraged. Public disclosure of confidential a nd proprietary information would only

frustrate that objective.

5. Disclosure of the subject materials is not independently required in the public

interest. The information at issue will be available to the Department for its internal use.

Gi ven this circumstance, any public interest is slight at best and is far outweighed by the

overriding considerations discussed above. It would be contrary to the public interest for

the Department’s processes to be used by any party as a vehicle to obtain confidential

information that would not be made public under any other circumstance, and which

could be used to the disadvantage of those who have furnished the information.

Wherefore, ADI requests that this motion to withhold information from public

disc losure be granted in its entirety.

Respectfully submitted,

Aaron A. Goerlich
Garofalo Goerlich Hainbach PC

Counsel for Aerodynamics Incorporated

March 12, 2014