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 the 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. Courts “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 Appeals 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 financial 

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; customer 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. Commercial 
Page 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 Parks 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 documents 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, LLC
CERTIFICATE 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@dot.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