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, 2010BEFORE 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 ofDynamic 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, 2010CERTIFICATE 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.