U.S. Department of Transportation Office ofthe Secretary ofTransportation

November 10,2014 Mr. MarkAtwood CozenO'Connor

·TheArmy andNavy ClubBuilding Counsel for DynamicAirways, 

### LLC 1627 I Street, NW, Suite 1100

.Washington, D.C. 20006 - i

Re: DocketDOT-OST-2014-0069 -, :**-~---** 1200 New Jersey Avenue SE Washington DC 20590

MotionofDynamic Airways, LLC d/b/aDynamicAviation for ConfidentialTreatment ofDocuments Dear

### Mr. Atwood: We are currently reviewing the application of Dynamic Airways, LLC ("Dynamic"), 

### in DocketDOT-OST-2014-0069 for a certificates of public convenience and necessity under 49 U.S.C. § 41102 to engage in foreign scheduled air transportation of persons, property, and mail. The purpose of this letter is to notify you of our intended ruling on your request for confidentialtreatment ofdocuments filed in supportofthis application. On May 9, 2014, Dynamic filed a motion requesting that the following material be afforded confidential treatmentunder 14 CFR § 302.12 ("Rule 12"): 1. Exhibit4D

- Finances ofPaulKraus Businesses 

### 2. Exhibit 

### SC- KennethWoolley Financials 

### 3. Exhibit

### SD- KennethWoolleyNotes onFinancials 4. Exhibit

### SE- Swift

### Air Balance Sheets 5. Exhibit

### 6- Dynamics Airways Financials 2011-2013 6. Exhibit llB -Dynamic

### Airways PurchaseAgreement 7. Exhibit 14- FinancialForecastfor Dynamics On October 10, 2014, Dynamic filed an additional motion requesting 

### thatthe following material be afforded confidentialtreatmentunder 14 CFR § 302.12 ("Rule 12"): 1. Exhibit 6 -DynamicAirways 2014 Financials

### 2

2. Exhibit 13 B- Third Party Verification ofKenneth Woolley Assets to·Fund Pledged Financial Support 

### In support of your request for confidential treatment, you state that the documents Dynamic requests to withhold from public disclosure are (1) commercial or financial; (2) obtained from a person outside the government; and (3) privileged or confidential. Further, you state that the release of such information could permit competitors to gain valuable insights into the operational strengths and weaknesses of the supplier of the information, could allow competitors to cause substantial harm to the competitive position of Dynamic Airways and/or Kenneth Woolley by disclosing their plans and/or investment strategies, and would disclose highly confidential terms related to purchase ofDynamicby its current shareholders. Rule 12 instructs us to evaluate requests for confidential treatment 

### in accordance with the standards of disclosure found 

### in the Freedom of Information Act (5 U.S.C. 

### § 552). By this standard, information may be withheld from disclosure if it is "(1) commercial or financial, (2) obtained from a person outside the government, and (3) privileged or confidential." 

### [Gulf & 

### Western Industries, Inc. v. 

### U.S., 615 F.2d 527, 529 (D.C. Cir. 1979).] The information sought to be withheld from disclosure clearly meets the first two requirements. The only question, therefore, is whether the information is privileged or confidential--whether "disclosure ofthe information is likely to have either ofthe following effects: (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." [National Parks and Conservation Association v. Morton, 498 F.2d 765, 770 (D.C. Cir. 1974).] Furthermore, to be privileged or confidential, the information must not be of the type thatis usuallyreleasedto thepublic. 

### [Gulf & 

### Western Industries, Inc. v. 

### U.S., supra, 615 F.2d 

### at530.] It is not the Department's practice to withhold historical financial information of relevant corporations as defined 

### in 14 CFR 204.2(k) (2). Therefore we 

### will deny confidential treatmentto Exhibit 4D. It is also not the Department's practice to withhold from public disclosure information regarding an applicant's current or historical financial condition, pre-operating cost forecasts, proposed operating plans and related statistics, fust-year operating cost forecasts, and forecast balance sheetsreflecting these forecasts. Whenrequested, however, the Departmentwill generally grant confidential treatmentto information pertaining to a company's forecast revenues (and related statistics). Therefore we will deny confidential treatment to the historical financial statements andforecast provided 

### inExhibits SE, 6, and Exhibit 14. We will, however, grant confidential treatment to Exhibits 5C, 5D, and 13 

### B. We have granted confidential treatment to similar material in the past relating to the personal :financial wealth of individuals and see no reason not to do so here. We will also grant confidential treatment to purchase agreement provided in Exhibit llB, since this type of information is not normal required ofapplicants for certificate authority.

### 3

Under Rule 12, the Department's ruling on a motion for confidential treatment will not take effect if, within five (5) business days after issuance, the personrequesting confidential treatment files a petitionfor reconsideration ofthat decision, or files a statementthathe or she ingoodfaith intends 

### to seekjudicialreview ofthe decision. IfDynamic elects to petitionthe Department as to this confidentiality determination, we expect that it will provide a statement explaining how the items fall within the exceptions under the Freedom of Information Act and is not otherwise required to be filed publicly by all applicants for certificates ofpublic convenience and necessity. Responses shall be due within five calendar days ofthe filing ofsuch a petition. 

### IfDynamic elects not to file a petition, we direct that it file the information noted above 

### in the public docket in this proceeding within five business days of the date of this letter. 

### In the meantime, as is the Department's practice, further processing ofyour application willbe deferred pendingreceipt ofthis material. Ifyou have any questions regarding this letter, please feel free to contact Damon Walker ofmy staffat (202) 366-9721. Sincerely,

cc: DocketDOT-OST-2014-0069 Mr. TonyBernhardt Principal Operations Inspector FAA Greensboro FSD0-39 6433 BryanBlvd. Greensboro, NC 27409