BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

_____________________________________ Application of )

)

Dynamic Airways, LLC )

) DOCKET OST 2014

- 0069

public convenience and necessity pursuant )

to 49 U.S.C. §41102 to engage in )

foreign air transportation )

of persons, property and mail )

____________________________________ )

MOTION OF DYNAMIC AIRWAYS

FOR CONFIDENTIAL TREATMENT PURSUANT TO

RULE 302.12

Communications with respect to this document should be addressed to:

Joanne W. Young

David M. Kirstein

Kirstein & Young PLLC

1750 K St. N.W.

Washington, D.C. 20006

(202) 331

- 3348

jyoung@yklaw.com

dkirstein@yklaw.com

Counsel for Dynamic Airways, LLC

Submitted: October 10, 2014

### BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

_____________________________________ Application of )

)

Dynamic Airways, LLC )

) DOCKET OST 2014

- 0069

for an amendment to its certificate of )

public convenience and necessity pursuant )

to 49 U.S.C. §41102 to engage in scheduled )

foreign air transportation )

of persons, property and mail )

___ _________________________________ )

MOTION OF DYNAMIC AIRWAYS

FOR CONFIDENTIAL TREATMENT PURSUANT TO

RULE 302.12

Pursuant to section 302.12 of the Department’s Rules of Practice, Dynamic Airlines, LLC (Dynamic)

hereby moves to withhold from public disclosure the following Exhibits to the Amended Application :

1. Exhibit 6

– Dynamic Airways Financials 2014 Financials

2. Exhibit 13 B

– Third Party Verification of Kenneth Woolley Assets to Fund Pledged Financial

Support

These documents are being filed with this Motion in a sealed envelope marked “Confidential Materials

-

Rule 12 Treatment Requested.” All t he information Dynamic Airways seeks to withhold from public

disclosure is exempt from mandatory public disclosure under the Freedom of Information Act (“ FOIA”)

Exemption 4. 5 U.S.C. § 552 (b) (4) (2005). This exemption protects “commercial or financial

information obtained from a person [that is] privileged or confidential.” See 5 U.S.C. (b) (4) (2005). In

support of this Motion, Dynamic Airways submits the following:Page 2 of 3

1. Exhibit 6

– Dynamic Airways Financials 2011

- 2013

– Exhibit 6 is the applicant’s income

and balance sheet statements. As a privately held company, Dynamic Airways financial

records are subject to confidential treatment under FOIA Exemption 4.

2. Exhibit 13 B

– Third Party Verification of Kenneth Woolley Assets to Fund Pledged

Financial Support. Personal financial information are financial records subject to

confidential treatment under FOIA Exemption 4

.

The documents for which Dynamic requests confidential treatment fall squarely within the parameters of

documents that courts have consistently found to be subject to confidential treatment under FOIA

Exemption 4.

Commercial and Financial Information. Co urts “have had little difficulty regarding information as

‘commercial or financial’ if it relates to business or trade.” Exemption 4, Department of Justice Guide to

the Freedom of Information Act 266 (2009) (hereinafter “Exemption 4”). The Court of Appeal s for the

District of Columbia Circuit noted the term “commercial” cannot be confined to records that “reveal

basic commercial operations,” but instead held that “records are commercial so long as the submitter has

a ‘commercial interest’ in them.” Id. at 266

- 67 (citing Pub. Citizen Health Research Group , 704 F.2d at

1290); Judicial Watch, Inc.

, v. DOE , 310 F. Supp. 2d 271, 308 (D.D.C. 2004) (holding reports that

“constitute work done for clients” are “commercial in nature”). Similarly, protection of fina ncial

information has been held to include economic data generated by the corporation or other business

entities. See Exemption 4 at 270. Commercial or financial information examples include: “business

sales statistics; research data; technical designs; c ustomer and supplier lists; profits and loss data;

overhead and operating costs; and information on financial condition.” Id. at 270

- 71; see Landfair v.

U.S. Dep't of the Army , 645 F. Supp. 325, 327 (D.D.C. 1986).

Privileged or Confidential. Commercial and financial documents may be withheld under Exemption 4

if they are “privileged” or “confidential.” 5 U.S.C. §522(b)(4) . A two prong test is used to determine

whether information submitted to a federal agency is “confidential” for FOIA purposes. Comme rcialPage 3 of 3

and financial matters are considered confidential for the purposes of the exemption if disclosure of the

information is “likely. . . to cause substantial harm to the competitive position of the person from whom

the information was obtained.” Nat’l P arks and Conserv. Ass’n v. Morton , 498 F.2d 765, 770, 162 U.S.

App. D.C. 223 (D.C. Cir. 1974). Dynamic is concerned that the information provided to the

government could cause substantial harm to the competitive position of the company.

The following d ocuments should be exempt from disclosure under 5 U.S.C. (b) (4) for the following

reasons:

1. Exhibit 6

– Dynamic Airways Financials 2014 Financials

– Dynamics January 2014

- July

2014 profit and loss statement should be exempt from disclosure because it is financial

information that relates to a business. Profit and loss data has been explicitly found by the

courts to be considered exempt from FOIA disclosure. In addition, is privileged because

competitors could use Dynamic’s profit and loss data to cause substantial harm to the

competitive position of the Company.

2. Exhibit 13 B

– Exhibit 13 B

– Third Party Verification of Kenneth Woolley Assets to Fund

Pledged Financial Support.

– Exhibit 13 B is proprietary financial statements of Kenneth

Woolley. These statements would give the public detailed knowledge of his private financial

situation and allow his competitors to understand his investment strategies. This would

create substantial harm to the competitive position of Kenneth Woolley as an entrepreneur

and businessman if others were to get a hold of this information.

Therefore, this information should be afforded confidential treatment by the Department.

Respectfully Submitted,

Joanne W. Young

David M. Kirstein

Kirstein & Young PLLC

1750 K St. N.W.

Washington, D.C. 20006

(202) 331

- 3348

jyoung@yklaw.com

dkirstein@yklaw.com

October 10, 2014 Counsel for Dynamic Airways, LLCCERTIFICATE OF SERVICE

I certify that on, October 10

, 2014, I caused to be served a copy of the foregoing Motion for

Confidential Treatment Pursuant to Rule 302.12 by email upon those addressees listed below:

gmurphy@crowell.com

dan.weiss@united.com

steve.morrissey@united.com anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

sascha.vanderbellen@delta.com

chris.walker@delta.com

cefelts@fedex.com

robert.wirick@aa.com

howard.kass@aa.com

francis.heil@aa.com

dwight.moore@ustranscom.mil

perkmann@cooley.com

jhill@cooley.com

john.s.duncan@faa.gov

brian.hedberg@dot.gov

brett.kruger@dot.gov

reese.davidson@dot.gov

robert.finamore@dot.gov

esta.rosenberg@dot.gov

todd.homan@dot.gov

peter.irvine@d ot.gov

laura.remo@dot.gov

Damon.Walker@dot.gov

Benjamin.taylor@dot.gov

James.verre@faa.gov

englets@state.gov

Ms. MaryAnn Q Lizama (by fax)

___________________________ Signature