Served: July 3, 2014

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

NOTICE FOR RESUMPTION OF CERTIFICATED OPERATIONS

Docket DOT-OST-2001-10985

Docket DOT-OST-2001-10986

By Order 2003-9-29, issued September 30, 2003, the Department found Aerodynamics Incorporated 

(“ADI”), fit to engage in interstate and foreign charter air transportation of persons, property, and mail 

and issued to the air carrier certificates of public convenience and necessity to conduct such operations. 

On October 15, 2012, ADI ceased air transportation operations. On January 7, 2013, the air carrier filed 

a voluntary petition for reorganization under Chapter 11 of the U.S. Bankruptcy Code and subsequently 

emerged from bankruptcy on August 12, 2013. Pursuant to the provisions of section 204.7 of the 

Department’s Aviation Economic Regulations (14 CFR 204.7), in order for ADI to recommence 

certificated operations, it was required to file a notice at least 45 days in advance of the date it intended 

to resume service and have its fitness re-established. 

ADI provided initial notice of its plans to resume operations on August 30, 2013, and submitted 

additional information to the Department on February 28, 2014. On March 12, 2014, the air carrier filed 

a notice of its intent to resume certificated operations in Dockets DOT-OST-2001-10985 and DOTOST-2001-109861

and provided updated fitness information required by section 204.3 of our 

regulations.

2

 

ADI is incorporated in the State of Michigan. Its corporate offices are located in Beachwood, Ohio, and 

its operations office is located in Kennesaw, Georgia. The air carrier currently operates two Embraer 

145 aircraft in on-demand service under the provisions of 14 CFR 298 of the Department’s regulations. 

ADI intends to resume operations as a certificated air carrier, conducting one flight per day in scheduled

wet lease services3on behalf of Tortug’Air S.A. (“Tortug’Air”), a Haitian air carrier. The company

states that it plans to enter into a long-term wet lease agreement with Tortug’Air to provide service

between Fort Lauderdale, Florida, and Cap-Haitien, Haiti, in May 2014 using one of its two Embraer

 

1

ADI concurrently filed for a Waiver of section 204.7 dormancy provisions and a Motion for extension of time to file 

updated fitness information. The air carrier also filed a Motion for confidential treatment which will be discussed further in 

this Notice.

2

Additional information supplementing ADI’s application was filed on April 17 and April 24, 2014.

3

Pursuant to 14 CFR Part 212.4(b)(1).

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
2

145 aircraft. ADI also states that Tortug’Air holds exemption authority to operate combination service 

between Haiti and the United States.4 

The company projects that its operating costs for its first year of proposed operations will be 

approximately $1.7 million and that it will incur $15,000 in pre-operating expenses. The air carrier 

submitted an income statement since its emergence from bankruptcy for the period from August 2013-

December 2013, reporting a loss of $116,644 on approximately $2.3 million in revenues. ADI also 

provided its most recent balance sheet dated February 28, 2014, showing current assets of $1.8 million 

and current liabilities of $1.9 million, indicating a negative working capital balance of $83,384. 

We find ADI’s forecast to be reasonable and estimate that it will need access to approximately

$527,899.

5

In order to meet our financial fitness requirements, ADI provided bank statements indicating 

the air carrier had access to funds in excess of that required to support the proposed operations. In light 

of our evaluation of the financial documents submitted, we conclude that ADI will have access to 

sufficient financial resources to enable it to resume certificated operations without posing an undue risk 

to consumers or their funds. 

The air carrier is a wholly owned subsidiary of ADI Holdings, Inc., a Georgia corporation. ADI 

Holdings, Inc. is in turn, a wholly owned subsidiary of Aviation Capital Partners, LLC (“ACP”), a 

Delaware limited liability company. ACP’s membership interests are owned equally by Mr. Michael 

John Hoyle (50 percent), ADI’s Director of Charter Sales, and Mr. Robert J. Ward (50 percent), ADI’s 

President and Chief Strategic Officer. Messrs. Hoyle and Ward are U.S. citizens and members of ADI’s 

Board of Directors.

ADI’s key management personnel consist of the following individuals, all of whom are U.S. citizens. 

The company has submitted an affidavit attesting that it is a citizen of the United States within the 

meaning of the Transportation Code and that it is actually controlled by U.S. citizens.

Mr. Robert J. Ward President, Chief Strategic Officer, Board Member, Owner

Mr. Michael J. Hoyle Director of Charter Sales, Board Member, Owner

Mr. Michael L. Hoyle Chairman of Board of Directors

Mr. Scott A. Beale Chief Executive Officer (“CEO”), Board Member

Mr. Larry C. Hecht Chief Operating Officer (“COO”)/Director of Operations

Mr. Gregory W. King Director of Maintenance

Mr. Andrew J. Wegman Chief Pilot/Acting Director of Safety

Mr. Wayne D. Rosier Chief Inspector

Mr. Robert J. Ward is ADI’s President, owner, and a member of the air carrier’s Board of Directors

since ADI’s emergence from bankruptcy in August 2013. In addition, he is ADI’s Chief Strategic 

Officer (January 2012-present). He was employed as Vice President with The Cleveland Jet Center

(June 2008-December 2012) and Manager of Operations with Corporate Wings, LLC (January 2005-

May 2008). Mr. Ward also held several positions of increasing responsibility at Flight Options, LLC, 

 

4

See Notice of Action Taken, Docket DOT-OST-2013-0003, dated May 12, 2014. 

5

The $527,899 noted here is one quarter of ADI’s forecast of approximately $1.7 million in first-year expenses plus the 

$15,000 in pre-operating costs, plus the $83,384 in negative working capital.
3

including Director of Scheduling, Manager of Scheduling, Operations Manager, Aircraft Crew 

Scheduler, and Owner Service Representative (January 2000-December 2004).

Mr. Michael J. Hoyle is owner, Director of ADI’s charter sales, and member of the air carrier’s Board of 

Directors. Previously, he served as Director of Charter Sales with Business Aircraft Group (2012-2013) 

and Charter Air Transport (2007-2012). Mr. Hoyle also was employed as a Shift Manager for Business 

Aircraft Center, a fixed based operator (2000-2006).

Mr. Michael L. Hoyle is Chairman of ADI’s Board of Directors. Mr. Hoyle is currently the CEO of 

Business Aircraft Group, which he founded in 1995. He was also the Chairman and CEO of Charter Air 

Transport, Inc. (2006-2011). Mr. Hoyle was previously employed with BPAmerica/Standard Oil, Inc. as 

its Chief Pilot (1987-1995), Lead Pilot (1985-1987), and Airline Pilot (1980-1985), and held similar 

positions with Lester Industries (1977-1980) and Airplane Companies, Inc. (1976-1977). Mr. Hoyle is a 

graduate of Embry Riddle Aeronautical University and is a licensed Airline Transport Pilot with over 

10,000 flight hours. 

Mr. Scott L. Beale, ADI’s CEO since 2011, was previously the President and Founder of The Cleveland 

Jet Center/The Paulding Jet Center, a fixed base operator (2007-2012). Prior to that, he was the CEO 

and Founder/Partner at Flightworks, Inc., an aviation consulting and aircraft management company

(2000-2010), and President of Mountain Aviation, a Flightworks, Inc. subsidiary (2007-2010). 

Mr. Beale also served as General Manager and Executive Vice President with Avtech Executive Flight 

Center (1996-2000), General Manager and Founder of Executive Aircraft Engines (1992-1996), and 

Assistant Operations Logistics Manager with U.S. Check Corporation (1992-1996). Mr. Beale is a 

member of the Board of Directors of the National Air Transportation Association and Georgia Business 

Aircraft Association and holds Federal Aviation Administration (“FAA”) licenses as an Airframe and 

Powerplant Mechanic and Commercial Multi-Engine Pilot.

Mr. Larry C. Hecht ADI’s COO and Director of Operations since December 2012, was previously the 

COO, Vice President of Operations, Director of Operations and Chief Pilot with Flightworks, Inc.

(August 2004-April 2012). A licensed Airline Transport Pilot, Mr. Hecht was also the Director of Flight 

Operations with Jet Corp LLC (November 1999-February 2004) and the Aviation Manager with 

Bowman Aviation, Inc. (June 1997-November 1999). 

Mr. Gregory W. King, ADI’s Director of Maintenance since November 2013, is a licensed Airframe and 

Powerplant Mechanic. He was previously employed by Flightworks, Inc., holding positions of 

increasing responsibility including Director of Maintenance, Assistant Director of Maintenance, Lead 

Maintenance Technician, and Maintenance Technician (2004-2013). Mr. King also worked with 

CorpJet as a Maintenance Technician (2002-2004), was the owner/operator of Prestige Auto 

(1997-2002), and served in the U.S. Marines as a Helicopter Mechanic (1983-1987 and 1989-1996).

Mr. Andrew J. Wegman, ADI’s Chief Pilot and Acting Director of Safety joined ADI in June 2013. 

Prior to that, he was an Airline Captain for Phoenix Air (April 2012-May 2013). Mr. Wegman also 

served in the U.S. Navy as a Naval Aviator (1989-2012) and is a licensed Airline Transport Pilot. 

Mr. Wayne D. Rosier has been ADI’s Chief Inspector since February 2013. Previously, he was a Lead 

Mechanic with Embraer Aircraft Maintenance Services (July 2008-January 2013), a Director of 
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Maintenance with Desert Aeronautics Cessna Service Center (February 2008-July 2008), a Station 

Manager with Certified Aviation Services (February 2007-February 2008), and an Aircraft Mechanic 

with Palm Springs Aircraft Maintenance (February 2006-February 2007) and Sterling Jet Service 

(January 2006). Mr. Rosier also was employed as an Automobile Mechanic with Taylor Automotive 

(October 2004-January 2006) and was a Mechanic, Supervisor, and Inspector with SkyWest Airlines 

(April 1997-October 2004). He also served in the U.S. Air Force both in Active Duty and Reserve Duty

(1989-1997). 

ADI states that there have been no charges of fraud, felony or antitrust violations, or of unfair, 

anticompetitive or deceptive business practices filed against it, its owners, or its key personnel in the 

past 10 years. Moreover, the air carrier notes that neither it nor any of its key personnel have been

involved in an accident or incident in the year preceding its application or at any time in the past which 

remains under investigation by the FAA, the National Transportation Safety Board, or the company

itself. ADI identified a pending case where its CEO, Scott Beale is a defendant in a suit filed by Flight 

Test Aviation, Inc., related to the air carrier’s Chapter 11 reorganization. ADI states that Mr. Beale 

denies liability. ADI also identified a recent civil penalty of $46,000 it paid to the FAA in a now-closed 

investigation in connection to an alleged violation of drug and alcohol regulations.

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REQUEST FOR CONFIDENTIAL TREATMENT

On March 12, 2014, ADI filed a motion for confidential treatment under 14 CFR § 302.12 (“Rule 12”) 

of our rules to withhold from public disclosure certain information pertaining to operating costs, revenue 

forecasts, ownership, charter customers, and voting interests.

On April 17, 2014, ADI amended its motion for confidential treatment with a Notice of partial 

withdrawal of its previous motion. The air carrier now requests to withhold from public disclosure only 

the following: the forecast revenues generated by the wet lease agreement with Tortug’Air in 

Attachment 9, and a bank statement from First Niagara Bank indicating the identity of existing 

customers from whom ADI had recently received charter payments in Attachment 11. In support of its 

request for confidential treatment, ADI states that “none of this information would be made available to 

persons outside ADI, a closely-held company...and goes directly to the commercial viability of the 

planned operations for Tortug’Air.”

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The air carrier also notes that disclosure of the subject materials is 

not independently required in the public interest and could easily interfere with the continuation of 

ADI’s agreement with Tortug’Air. 

Rule 12 instructs us to evaluate requests for confidential treatment by the standards of disclosure found 

in the Freedom of Information Act (5 U.S.C. section 552). Information may be withheld from disclosure 

under 5 U.S.C. 552(b)(4) if it is (1) commercial or financial, (2) obtained from a person outside of 

government, and (3) privileged or confidential (Gulf and Western Industries, Inc. v. United States, 

615F.2d 527, 529 (D.C. Cir. 1979)).

There is no question that the information for which ADI seeks confidential treatment is financial or 

commercial in nature and that it was obtained from a person outside the government. The remaining 

 

6

FAA File No 2012SW910047 concerns alleged violations of drug and alcohol testing regulations while the air carrier 

was under its previous ownership.

7

See Docket DOT-OST-2001-10985, Motion to withhold information from public disclosure, at 3.
5

question is whether the information is privileged or confidential--whether “disclosure of the information 

is likely to have either of the following effects: (1) impair the Government’s ability to obtain necessary 

information; or (2) cause substantial harm to the competitive position from whom the information was 

obtained” (National Parks and Conservation Association v. Morton, 498 F.2d 765,770 (D.C. Cir.1974)). 

Further, to be privileged or confidential, the information must not be of the type that is usually released 

to the public (Gulf and Western Industries, Inc. v. United States, 615F.2d 527,530 (D.C. Cir. 1979)). 

We have reviewed the material submitted and have decided to grant confidential treatment to the 

information for which such treatment is sought. Regarding the revenue forecast for ADI’s wet lease 

operations, the Department has, in the past, granted confidential treatment to this type of information. 

We also agree that public disclosure of the names, terms, and financial information of ADI’s charter 

customers could substantially harm ADI’s competitive position. 

CONCLUSION

The Department has carefully reviewed ADI’s fitness to undertake the operations at issue. No special 

issues regarding the air carrier have come to our attention and no objections have been filed in this case. 

In view of the experience and background of ADI's key personnel, we conclude that the air carrier has 

demonstrated that it possesses the managerial skills and technical ability to resume its certificated

operations.

8

 Additionally, ADI’s key personnel are identified as U.S. citizens and the company has 

provided an affidavit attesting that it is a citizen of the United States within the meaning of the 

Transportation Code and that it is actually controlled by U.S. citizens. We also find that ADI has the 

proper regard for the laws and regulations governing its services to ensure that its aircraft and personnel 

conform to applicable safety standards and that acceptable consumer relations practices will be 

followed. The FAA advises us that it has no objections to the Department’s grant of ADI’s request to 

resume interstate and foreign charter operations. We have reviewed ADI’s forecast of its first year of 

operations and note that the air carrier will have sufficient financial resources available to it to enable it 

to resume its certificated operations without posing an undue risk to consumers or their funds. 

Since ADI has complied with the requirements of Part 204.7, we have decided to grant its request to 

resume interstate and foreign charter air transportation of persons, property, and mail. We also have 

decided to grant the air carrier a waiver of our dormancy provisions, and its request for extension of time 

to file updated fitness information. On April 25, 2014, we granted oral authority to ADI to resume its 

certificated operations. 

We remind ADI of the limitation of its certificates that states that should the air carrier propose to 

operate large aircraft,9we direct it to notify the Department in writing at least 45 days prior to the 

 

8

Before authorizing an air carrier to conduct air transportation operations, the FAA also evaluates certain of the air 

carrier's key personnel with respect to the minimum qualifications for those positions as prescribed in the Federal Aviation 

Regulations. The FAA’s evaluation of these key personnel provides an added practical and in-person test of their skills and 

technical ability. All of ADI’s key technical personnel have been approved by the FAA to hold their positions. 

9

“Large aircraft” is defined as any aircraft originally designed to have a maximum passenger capacity of more than 60 

seats or a payload capacity of more than 18,000 pounds. 
6

proposed operations and demonstrate its fitness to conduct such operations before their commencement. 

We also remind the air carrier of the requirements of section 204.7 of our rules. This section provides, 

among other things, that (1) the certificate authority granted to a company shall be revoked if the 

company does not commence actual flying operations under that authority within one year of the date of 

the Department's determination of its fitness; (2) if the company commences operations for which it was 

found fit and subsequently ceases such operations, it may not resume certificated operations unless its 

fitness has been redetermined; and (3) if the company does not resume operations within one year of its 

cessation, its authority shall be revoked for dormancy. 

Persons entitled to petition the Department for review of this notice under the Department’s Regulations, 

14 CFR 385.30, may file their petitions within 10 days of the service date of this order.

This notice is effective immediately and the filing of a petition for review shall not alter its 

effectiveness. 

Dated at Washington, D.C., July 3, 2014.

By:

TODD M. HOMAN 

Director 

Office of Aviation Analysis 

An electronic version of this document is available on the World Wide Web at

http://www.regulations.gov.
ATTACHMENT A

SERVICE LIST FOR AERODYNAMICS INCORPORATED

MR AARON GOERLICH

GAROFALO GOERLICH HAINBACH

1200 NEW HAMPSHIRE AVE NW

WASHINGTON DC 20036

MR BRUCE CLAMP

POI FOR AERODYNAMICS

FEDERAL AVIATION ADMINISTRATION

ATLANTA GA

MR PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR 

ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

WILLIAM CHADWICK

OFFICE OF AIRLINE INFO

DEPT OF TRANSPORTATION

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

MARK MAZOR AFS-900

MANAGER CSET

FAA SUITE 203B

45005 AVIATION DRIVE

DULLES VA 20166-7537