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, 2010BEFORE 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. , letterDynamic 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 theDynamic 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, 2010CERTIFICATE 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.