u.s. Department of 

Transportation 

Office of the Secretary 

of Transportation 

July 29,2010 

Mr. John R. Mietus, Jr. 

Counsel for Dynamic Airways, LLC 

d/b/a Dynamic Aviation 

6701 Democracy Boulevard, Suite 300 

Bethesda, MD 20817-7500 

Re: Docket DOT-OST-201O-0058 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Motion of Dynamic Airways, LLC d/b/a Dynamic Aviation 

for Confidential Treatment of Documents 

Dear Mr. Mietus: 

We are currently reviewing the application of Dynamic Airways, LLC d/b/a Dynamic Aviation 

("Airways"), in Docket DOT-OST-201O-0058 for a certificate of public convenience and 

necessity under 49 U.S.c. § 41102 to engage in interstate charter air transportation of persons, 

property, and mail. The purpose of this letter is to notify you of our intended ruling on your 

request for confidential treatment of documents filed in support of this application. 

On March 5, 2010, Airways filed a motion requesting that the following material be afforded 

confidential treatment under 14 CFR § 302.12 ("Rule 12"): 

1. Exhibit A - FAA certificate numbers of Airways' key personnel. 

2. Exhibit B - Financial statements of Dynamic Aviation Group, Inc. ("Group") for calendar 

year 2008 (which also contains information for 2007) and 2009. 

3. Exhibit C - Third-party verification from PNC Bank of certain information relating to the 

Group line of credit that is available for Airways' use. 

4. Exhibit D - Two unredacted pages from Airways' application that show revenue forecasts 

for its first full year of operations and its forecast operating results, which contain certain 

sensitive salary and revenue assumptions. 

Additionally, on June 22, 2010, Airways filed a motion requesting that the following material 

also be afforded confidential treatment under Rule 12: 

1. Revised Exhibit A - FAA certificate numbers, including Airways' new Vice President of 

Operations and Chief Pilot. 

2. Exhibit E - An agreement by which Dynamic JetLease, LLC was sold by Dynamic 

Airways, LLC d/b/a Dynamic Aviation to Messrs. Karl D. and Michael A. Stoltzfus. 
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3. Exhibit F (Updated Exhibit C) - Updated third-party verification from PNC Bank of 

certain information relating to the Group line of credit that is available for Airways' use. 

In support of your request for confidential treatment, you state that the documents Airways 

requests to withhold from public disclosure are (1) commercial or financial; (2) obtained from a 

person outside the govel11ment; and (3) privileged or confidential. Further, you state that the 

release of such information would cause material competitive harm to Airways by revealing 

confidential information about Airways' cost structure, its methods of doing business, and 

information relating to its shareholders. You also add that the documents that Airways requests 

to be withheld from public disclosure are the kinds of information that are typically afforded 

confidential treatment in commercial contexts. 

Rule 12 instructs us to evaluate requests for confidential treatment in accordance with the 

standards of disclosure found in the Freedom of Information Act (5 U.S.C. § 552). By this 

standard, information may be withheld from disclosure if it is "(1) commercial or 

financial, (2) obtained from a person outside the govel11ment, and (3) privileged or 

confidential." [Gu(f & Western Industries, Inc. v. U.S., 615 F.2d 527,529 (D.C. Cir. 1979).1 

The information sought to be withheld from disclosure clearly meets the first two requirements. 

The only question, therefore, is whether the information is privileged or confidential--whether 

"disclosure of the information is likely to have either of the following effects: (1) to impair the 

govel11ment's ability to obtain necessary information in the future; or (2) to cause substantial 

harm to the competitive position of the person from whom the information was 

obtained." [National Parks and Conservation Association v. Morton, 498 F.2d 765, 770 

(D.C. Cir. 1974).] Furthermore, to be privileged or confidential, the information must not be of 

the type that is usually released to the public. [Gulf & Western Industries, Inc. v. U.S., supra, 615 

F.2d at 530.] 

We have decided to grant in its entirety Airways' March 5 motion to withhold from public 

disclosure Exhibits A, B, C, and D. With respect to Exhibit A, the Department has granted 

confidential treatment to similar information in the past and we see no reason not to do so here. 

With respect to Exhibits Band C, while it is not the Department's practice to withhold historical 

financial information of relevant corporations, our review of the financial documents submitted 

on behalf of Group show that both Group and Airways will have available to each air carrier 

capital equal to or in excess of our capital reserve requirements. Additionally, public disclosure 

of such information could potentially cause material harm to Group by allowing competitors to 

readily calculate sensitive corporate information. 

With regards to Exhibit D, while the Department generally does not withhold an applicant's 

projected income statement from public disclosure, we have granted confidential treatment to 

projected income statements in cases where the applicant has supplied the public record with 

comparable expense forecasts. We note that Airways supplied the public docket established for 

this proceeding with such expense forecast in its initial application, and therefore see no reason 

no to afford confidential treatment to the applicant's revenue forecasts and its forecast operating 

results. 
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We have decided to grant in its entirety Ainvays' lune 22 motion to withhold from public 

disclosure Exhibits A, E, and F. With respect to Exhibit A as noted earlier. the Department 

generally grants confidential treatment to similar information in the past and we sec no reason 

not to do so here. 

With respect to Exhibit E. we agree that both letLease. LLC and Airways are private companies; 

the agreement contains private. financial and commercial information concerning an intra-group 

transaction. Disclosure of such information could potentially cause material harm to Group's 

competitive position, and would disclose financial information related to its individual 

shareholders. Additionally. the information contained in that agreement is not relevant to 

Airways' fitness determination. 

With respect to Exhibit F, as noted above. our review of the financial documents submitted on 

behalf of Airways' relevant corporation show that both it and Group will have available capital 

equal to or in excess of our capital reserve requirements. Additionally, the disclosure of this 

infOlmation could potentially cause material harm to Group by allowing competitors to readily 

calculate sensitive corporate information. 

If you have any questions regarding this letter, please feel free to contact Scott Faulk of my staff 

at (202) 366-9721. 

Acting 

anessa 

Chief, 

R. Ba 

Air 

gohin 

Carrier 

~ Fitness Division 

Office of Aviation Analysis 

cc: Docket DOT-OST-2010-0058 

Mr. Tony Bernhardt 

Principal Operations Inspector 

FAA Greensboro FSDO-39 

6433 Bryan Blvd. 

Greensboro, NC 27409