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BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

Washington, D.C.

______________________________________

Application of

AERODYNAMICS INCORPORATED

for a certificate of public convenience and

necessity under 49 U.S.C. § 41102 to engage in

interstate scheduled air transportation of

persons, property, and mail

)

)

)

)

)

)

)

)

Docket DOT-OST-2014-0114

______________________________________ )

MOTION OF AERODYNAMICS INCORPORATED

FOR CONFIDENTIAL TREATMENT

Communications with respect to this document should be addressed to:

F. Darrell Richardson

President and CEO

AERODYNAMICS INCORPORATED

1690 Stone Village Lane

Building 100, Suite 121

Kennesaw, GA 30123

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Telephone: +1 202 637 4999/5659

Facsimile: +1 202 637 5910

E-mail: robert.cohn@hoganlovells.com

patrick.rizzi@hoganlovells.com

Counsel for

AERODYNAMICS INCORPORATED

March 25, 2015
\\DC - 065480/000002 - 6511512 v1 1

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

Washington, D.C.

______________________________________

Application of

AERODYNAMICS INCORPORATED

for a certificate of public convenience and

necessity under 49 U.S.C. § 41102 to engage in

interstate scheduled air transportation of

persons, property, and mail

)

)

)

)

)

)

)

)

Docket DOT-OST-2014-0114

March 25, 2015

______________________________________ )

MOTION OF AERODYNAMICS INCORPORATED

FOR CONFIDENTIAL TREATMENT

Pursuant to 14 C.F.R. § 302.12, Aerodynamics Incorporated (“ADI”) hereby moves to

withhold from public disclosure the contents of the Voting Trust Agreement between Mr. Beale,

Aviation Capital Partners, LLC, and the Bank of Utah, attached as Attachment 1 to the

Declaration of Mr. Scott Beale, Exhibit ADI-R-4, to ADI’s supplemental responses of March 25,

2015, to the Department’s request for more information. The Voting Trust Agreement consists

of confidential, privileged, and/or proprietary commercial and financial information. Such

information is being submitted with this Motion for Confidential Treatment directly to the DOT

staff identified in the attached service list.

The Voting Trust Agreement that is being submitted under seal is clearly protected from

public disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”), which involves

“trade secrets and commercial or financial information obtained from a person and privileged or

confidential.” 5 U.S.C. § 552(b)(4). This exemption has been construed to prevent public

disclosure of information that is not of the type usually released to the public, and that, if

released, would cause substantial harm to the competitive position of the person from whom the

information was obtained. See, e.g., Gulf & Western Industries, Inc. v. United States, 615 F.2d

527, 530 (D.C. Cir. 1980); American Airlines, Inc. v. NMB, 588 F.2d 863, 871 (2nd Cir. 1978).
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The Voting Trust Agreement satisfies each element of the Exemption 4 statutory test.

First, the information is clearly commercial. Second, the information has been obtained from

Mr. Scott Beale and Aviation Capital Partners, LLC, each of which meets the definition of a

“person.” Third, as explained below, the information is confidential and/or privileged.

According to National Parks & Conservation Ass’n v. Morton, 498 F.2d 765, 770 (D.C.

Cir. 1974), information is “confidential” for purposes of FOIA Exemption 4 if it would not

customarily be released to the public by the person from whom it was obtained, and if disclosure

is likely to have either of the following results: “(1) to impair the Government’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.” The Voting Trust Agreement is

typically not disclosed or released to the public. It contains information about the voting trust,

among other confidential and privileged subjects. Disclosure of this information would cause

substantial competitive harm, and impair the ability of the Department to obtain such information

in the future.

WHEREFORE, ADI moves that the Voting Trust Agreement (Attachment 1 to Exhibit

ADI-R-4) described herein be granted confidential treatment pursuant to 14 C.F.R. § 302.12.

Respectfully submitted,

__________________________________

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Counsel for

AERODYNAMICS INCORPORATED
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INDEX

Confidential Document

Voting Trust Agreement 14 pages
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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion of Aerodynamics Incorporated

for Confidential Treatment has been served this March 25th, 2015, upon each of the

following addressees:

laura.remo@dot.gov

Catherine.O'Toole@dot.gov

Jonathan.Dols@dot.gov

Lisa.SwaffordBrooks@dot.gov

___________________

Patrick Rizzi