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BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

Washington, D.C.

______________________________________

Application of

AERODYNAMICS INCORPORATED

for a certificate of public convenience and

necessity under 49 U.S.C. § 41102 to engage in

interstate scheduled air transportation of

persons, property, and mail

)

)

)

)

)

)

)

)

Docket DOT-OST-2014-0114

______________________________________ )

MOTION OF AERODYNAMICS INCORPORATED

FOR CONFIDENTIAL TREATMENT

Communications with respect to this document should be addressed to:

F. Darrell Richardson

President and CEO

AERODYNAMICS INCORPORATED

1690 Stone Village Lane

Building 100, Suite 121

Kennesaw, GA 30123

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Columbia Square

555 Thirteenth Street, NW

Washington, DC 20004

Telephone: +1 202 637 4999/5659

Facsimile: +1 202 637 5910

E-mail: robert.cohn@hoganlovells.com

patrick.rizzi@hoganlovells.com

Counsel for

AERODYNAMICS INCORPORATED

February 20, 2015
\\DC - 065480/000002 - 6425526 v1 1

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

Washington, D.C.

______________________________________

Application of

AERODYNAMICS INCORPORATED

for a certificate of public convenience and

necessity under 49 U.S.C. § 41102 to engage in

interstate scheduled air transportation of

persons, property, and mail

)

)

)

)

)

)

)

)

Docket DOT-OST-2014-0114

February 20, 2015

______________________________________ )

MOTION OF AERODYNAMICS INCORPORATED

FOR CONFIDENTIAL TREATMENT

Pursuant to 14 C.F.R. § 302.12, Aerodynamics Incorporated (“ADI”) hereby moves to

withhold from public disclosure the contents of the Operating Agreement for Aviation Capital

Partners, LLC (“ACP Operating Agreement”), attached as Attachment 1 to the Declaration of Mr.

Scott Beale, Exhibit ADI-R-1 to ADI’s Reply to the Department’s request for more information.

The ACP Operating Agreement consists of confidential, privileged, and/or proprietary

information pertaining to Aviation Capital Partners. Such information is being submitted with

this Motion for Confidential Treatment directly to the DOT staff identified in the attached service

list.

The ACP Operating Agreement that is being submitted under seal is clearly protected

from public disclosure under Exemption 4 of the Freedom of Information Act (“FOIA”), which

involves “trade secrets and commercial or financial information obtained from a person and

privileged or confidential.” 5 U.S.C. § 552(b)(4). This exemption has been construed to prevent

public disclosure of information that is not of the type usually released to the public, and that, if

released, would cause substantial harm to the competitive position of the person from whom the

information was obtained. See, e.g., Gulf & Western Industries, Inc. v. United States, 615 F.2d

527, 530 (D.C. Cir. 1980); American Airlines, Inc. v. NMB, 588 F.2d 863, 871 (2nd Cir. 1978).
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The ACP Operating Agreement satisfies each element of the Exemption 4 statutory test.

First, the information is clearly commercial. Second, the information has been obtained from

Aviation Capital Partners, LLC, which meets the definition of a “person.” Third, as explained

below, the information is confidential and/or privileged.

According to National Parks & Conservation Ass’n v. Morton, 498 F.2d 765, 770 (D.C.

Cir. 1974), information is “confidential” for purposes of FOIA Exemption 4 if it would not

customarily be released to the public by the person from whom it was obtained, and if disclosure

is likely to have either of the following results: “(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.” The ACP Operating Agreement is

typically not disclosed or released to the public. It contains information about its organization,

membership, management, capital accounts, and transfer of interests, among other confidential

and privileged subjects. Disclosure of this information would cause substantial competitive

harm, and impair the ability of the Department to obtain such information in the future.

WHEREFORE, ADI moves that the ACP Operating Agreement (Attachment 1 to Exhibit

ADI-R-1) described herein be granted confidential treatment pursuant to 14 C.F.R. § 302.12.

Respectfully submitted,

__________________________________

Robert E. Cohn

Patrick R. Rizzi

HOGAN LOVELLS US LLP

Counsel for

AERODYNAMICS INCORPORATED
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INDEX

Confidential Document

ACP Operating Agreement 16 pages
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CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Motion of Aerodynamics Incorporated

for Confidential Treatment has been served this 20th day of February, 2015, upon each

of the following addressees:

laura.remo@dot.gov

Catherine.O'Toole@dot.gov

Jonathan.Dols@dot.gov

Lisa.SwaffordBrooks@dot.gov

___________________

Patrick Rizzi