BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_________________________________________ 

 ) 

Application of ) 

 ) 

DYNAMIC AIRWAYS, LLC ) DOCKET DOT-OST-2010- 

d/b/a DYNAMIC AVIATION ) 

 ) 

for a Certificate of Public Convenience ) 

and Necessity (Interstate Passenger ) 

Charter Service) ) 

_________________________________________ ) 

MOTION OF DYNAMIC AIRWAYS, LLC D/B/A 

DYNAMIC AVIATION FOR CONFIDENTIAL TREATMENT

Communications with respect to this document should be sent to: 

John R. Mietus, Jr. 

Law Office of John Mietus, LLC 

6701 Democracy Blvd., Suite 300 

Bethesda, MD 20817-7500 

(202) 747-5212 - Telephone 

(240) 396-5362 - Fax 

john@mietuslaw.com 

Counsel for DYNAMIC AIRWAYS, 

LLC D/B/A DYNAMIC AVIATION 

March 5, 2010
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_________________________________________ 

 ) 

Application of ) 

 ) 

DYNAMIC AIRWAYS, LLC ) DOCKET DOT-OST-2010- 

d/b/a DYNAMIC AVIATION ) 

 ) 

for a Certificate of Public Convenience ) 

and Necessity (Interstate Passenger ) 

Charter Service) ) 

_________________________________________ ) 

MOTION OF DYNAMIC AIRWAYS, LLC D/B/A 

DYNAMIC AVIATION FOR CONFIDENTIAL TREATMENT

Pursuant to Rule 12 of the Department's Rules of Practice, 14 C.F.R. 

§ 302.12, Dynamic Airways, LLC d/b/a Dynamic Aviation respectfully moves 

to withhold from public disclosure the contents of Confidential Exhibits A-D 

filed simultaneously with the above-captioned application. In accordance with 

Rule 12, the exhibits have been marked “Confidential” and are being filed 

under seal. 

 Confidential Exhibit A contains the FAA certificate numbers of the 

applicant's key personnel who hold such certificates. The Department 

previously has found that confidential treatment of such numbers is 

appropriate, among other reasons, because they may be keyed to social 

security numbers. See, e.g., Atlas Air, Inc., letter ruling of December 3, 2009, 

Docket OST-2009-0267-11; Independence Air, Inc. and Compass Airlines, Inc., 

letter ruling of September 1, 2006, Docket OST-2006-24295-6. 
Dynamic Airways 

Confidentiality Motion 

Page 2 

2

 Confidential Exhibit B contains Group financial statements for 

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

They incorporate private, financial and commercial information concerning a 

company related to Airways, and Group does not disclose this information to 

the public, as it would cause material harm to Group's competitive position 

and disclose financial information related to its individual shareholders. 

(Historic information relating solely to Airways is being provided publicly 

with the application.) The Department routinely maintains the 

confidentiality of such private company information. See, e.g., Gulf & 

Caribbean Cargo, Inc., Order 2006-1-15; PM Air, LLC, Order 2005-9-12 at 4 

n.9.

 Confidential Exhibit C contains third-party verification by PNC Bank 

of certain information relating to the Group line of credit that is available for 

Airways' use, as well as Airways' promissory note relating to 2008 funding 

Group provided for Airways. While the fact and available amount of the line 

and of the promissory note are disclosed publicly in the application, the 

remaining information in these materials is private, financial and 

commercial operation of a type that the Department previously has kept 

confidential. See, e.g., Hawaii Island Air, Inc. d/b/a Island Air, Order 2006-

1-20 at 4 n.8, 6.

 Confidential Exhibit D contains two unredacted pages from public 

Exhibit 9 that show applicant's revenue forecast for its first full year of 
Dynamic Airways 

Confidentiality Motion 

Page 3 

3

operations and its forecast operating results, along with certain, sensitive 

salary and revenue assumptions; these were redacted in the public version. 

The Department routinely grants confidential treatment to information, such 

as applicants’ revenue forecasts and details of expense calculations, where 

public disclosure would give competitors the ability to readily calculate 

sensitive commercial terms. See, e.g., Atlas Air, Inc.; Independence Air, Inc. 

and Compass Airlines, Inc., letter ruling of August 23, 2006, Docket OST2006-24295-4 (“the Department has generally granted confidential treatment 

to contractual agreements and financial projections when the nature of the 

information reflected in the financial statements could well provide 

commercially sensitive information to competitors”) (emphasis added); 

Eos/Atlantic Express, letter ruling of January 28, 2005 in Docket OST-2004-

19617 at 3. 

 In sum, the information sought to be withheld from public disclosure 

meets Department precedent for nondisclosure and the standards found in 

exemption (4) of the Freedom of Information Act, 5 U.S.C. § 552(b)(4), in that 

it is: (1) commercial or financial, (2) obtained from a person outside the 

government, and (3) privileged or confidential. See Gulf & Western Indus., 

Inc. v. United States, 615 F.2d 527, 529 (D.C. Cir. 1979); National Parks and 

Conservation Assoc. v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974). 
Dynamic Airways 

Confidentiality Motion 

Page 4 

4

 WHEREFORE, Dynamic Airways, LLC d/b/a Dynamic Aviation 

respectfully requests that Confidential Exhibits A-D be accorded confidential 

treatment under Rule 12. 

 Respectfully submitted, 

John R. Mietus, Jr. 

Law Office of John Mietus, LLC 

6701 Democracy Blvd., Suite 300 

Bethesda, MD 20817-7500 

 (202) 747-5212 

 (240) 396-5362 fax 

john@mietuslaw.com 

Counsel for DYNAMIC AIRWAYS, 

LLC D/B/A DYNAMIC AVIATION 

March 5, 2010
CERTIFICATE OF SERVICE

 I hereby certify that I have, this 5th day of March, 2010 caused the 

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

Confidential Treatment to be served by electronic mail on the following 

persons: 

James Verre, Manager 

Jeff Riddell 

Greensboro Flight Standards District Office (AEA-FSDO-39) 

Federal Aviation Administration 

6433 Bryan Boulevard 

Greensboro, NC 27409-9419 

 

 ____________________________ 

 John R. Mietus, Jr.