BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_________________________________________ 

 ) 

Application of ) 

 ) 

DYNAMIC AIRWAYS, LLC ) DOCKET OST-2010-0058 

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 

June 22, 2010
BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

_________________________________________ 

 ) 

Application of ) 

 ) 

DYNAMIC AIRWAYS, LLC ) DOCKET OST-2010-0058 

d/b/a DYNAMIC AVIATION ) June 22, 2010 

 ) 

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 Revised Confidential 

Exhibit A and new Confidential Exhibits E and F filed simultaneously with 

Supplement No.1 to the above-captioned application. In accordance with Rule 

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

seal. 

 Revised Confidential Exhibit A contains the FAA certificate numbers 

of the applicant's key personnel who hold such certificates, including 

Dynamic's new Vice President - Operations and Chief Pilot identifed in 

Supplement No. 1. 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 
Dynamic Airways 

Confidentiality Motion 

Page 2 

2

ruling of December 3, 2009, Docket OST-2009-0267-11; Independence Air, Inc. 

and Compass Airlines, Inc., letter ruling of September 1, 2006, Docket OST2006-24295-6. 

 Confidential Exhibit E contains the agreement by which Dynamic 

JetLease, LLC was sold by Dynamic Airways, LLC d/b/a Dynamic Aviation to 

the owners of Airways. As both JetLease and Airways are private companies, 

this agreement contains private, financial and commercial information 

concerning an intra-group transaction that has not been disclosed to the 

public. Its disclosure could cause material harm to Group's competitive 

position and would disclose financial information related to its individual 

shareholders. 

 Confidential Exhibit F contains updated, third-party verification by 

PNC Bank of certain information relating to the Group line of credit that is 

available for Airways' use. While the fact of the line has been disclosed 

publicly in the application and Supplement No. 1, 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. 

 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 
Dynamic Airways 

Confidentiality Motion 

Page 3 

3

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). 

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

respectfully requests that Revised Confidential Exhibit A, and new 

Confidential Exhibits E and F, 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 

June 22, 2010
CERTIFICATE OF SERVICE

 I hereby certify that I have, this 22nd day of June, 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.