U.S. Department of 

Transportation 

Office of the Secretary 

of Transportation 

November 10,2014 

Mr. Mark Atwood 

Cozen O'Connor 

· The Army and Navy Club Building 

Counsel for Dynamic Airways, 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 

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

for Confidential Treatment of Documents 

Dear Mr. Atwood: 

We are currently reviewing the application of Dynamic Airways, LLC ("Dynamic"), in 

Docket DOT-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 

confidential treatment of documents filed in support of this application. 

On May 9, 2014, Dynamic filed a motion requesting that the following material be afforded 

confidential treatment under 14 CFR § 302.12 ("Rule 12"): 

1. Exhibit 4D - Finances of Paul Kraus Businesses 

2. Exhibit SC- Kenneth Woolley Financials 

3. Exhibit SD- Kenneth Woolley Notes on Financials 

4. Exhibit SE- Swift Air Balance Sheets 

5. Exhibit 6- Dynamics Airways Financials 2011-2013 

6. Exhibit llB -Dynamic Airways Purchase Agreement 

7. Exhibit 14- Financial Forecast for Dynamics 

On October 10, 2014, Dynamic filed an additional motion requesting that the following material 

be afforded confidential treatment under 14 CFR § 302.12 ("Rule 12"): 

1. Exhibit 6 -Dynamic Airways 2014 Financials 
2 

2. Exhibit 13 B- Third Party Verification of Kenneth 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 ofDynamic by 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 of the information is likely to have either of the 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 that is usually released to the public. [Gulf & Western Industries, Inc. v. U.S., supra, 615 

F.2d at 530.] 

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 treatment to 

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 sheets reflecting these forecasts. When requested, however, the Department will 

generally grant confidential treatment to information pertaining to a company's forecast revenues 

(and related statistics). Therefore we will deny confidential treatment to the historical financial 

statements and forecast provided in Exhibits 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 of applicants 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 person requesting confidential treatment 

files a petition for reconsideration of that decision, or files a statement that he or she in good faith 

intends to seek judicial review of the decision. IfDynamic elects to petition the 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 of public convenience and necessity. 

Responses shall be due within five calendar days of the filing of such a petition. 

If Dynamic 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 of your application will be deferred 

pending receipt of this material. 

If you have any questions regarding this letter, please feel free to contact Damon Walker of my 

staff at (202) 366-9721. 

Sincerely, 

cc: Docket DOT-OST-2014-0069 

Mr. Tony Bernhardt 

Principal Operations Inspector 

FAA Greensboro FSD0-39 

6433 Bryan Blvd. 

Greensboro, NC 27409