\\DC - 065480/000002 - 6511512 v1 0 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).\\DC - 065480/000002 - 6511512 v1 2

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\\DC - 065480/000002 - 6511512 v1 3 INDEX Confidential Document Voting Trust Agreement 14 pages\\DC - 065480/000002 - 6511512 v1 4 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Motion of Aerodynamics Incorporated for Confidential Treatment has been served this March 25 th , 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