BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

_________________________________________ ) Application of ) ) DYNAMIC AIRWAYS, LLC ) DOCKET OST-2010-____ d/b/a DYNAMIC AVIATION ) ) for a Certificate of Public Convenience ) and Necessity (Foreign Passenger ) Charter Service) ) _________________________________________ )

APPLICATION OF DYNAMIC AIRWAYS, LLC D/B/A DYNAMIC AVIATION

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 APPLICANT REQUESTS THAT THIS APPLICATION BE PROCESSED THROUGH EXPEDITED, NON-HEARING PROCEDURES PURSUANT TO SUBPART B OF THE DEPARTMENT ’S PROCEDURAL REGULATIONS. NOTICE: Any person may support or oppose this application by filing an answer no later than November 10, 2010 and serving a copy of the answer on counsel for Applicant and upon persons served with this application.

October 20, 2010BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

_________________________________________ ) Application of ) ) DYNAMIC AIRWAYS, LLC ) DOCKET OST-2010-____ d/b/a DYNAMIC AVIATION ) October 20, 2010 ) for a Certificate of Public Convenience ) and Necessity (Foreign Passenger ) Charter Service) ) _________________________________________ )

APPLICATION OF DYNAMIC AIRWAYS, LLC D/B/A DYNAMIC AVIATION

Pursuant to 49 U.S.C. § 41102 and subpart B of the Department’s Procedural Regulations, Dynamic Airways, LLC d/b/a Dynamic Aviation ("Dynamic") respectfully applies for a certificate of public convenience and necessity authorizing Dynamic to engage in foreign charter air transportation of persons, property, and mail between any place in the United States and any place outside ther eof. Dynamic anticipate s that new business opportunities for foreign passenger charters could be available to it early in 2011, and the Department has just found Dynamic fit to offer identical

charter service in domestic U.S. market s. Therefore, Dyna mic requests that the Department process this application expeditiously, using written submissions and simplified, non-hear ing procedures as contemplated byDynamic Aviation Foreign Certificate Application Page 2 sections 302.207 and 302.210(a)(2) of the Procedural Regulations, and proceed directly to a final order granting the requested certificate. 1 The Department has just found Dynamic fit, in Docket OST-2010-0058, to engage in domestic passenger charte r operations; no answers to Dynamic's application were filed, and no special issues came to the Department's attention during the certification process. Based on fitness information updated this month, Dynamic's interstate certificate became effective by

Order 2010-10-11. Dynamic now wishes to make MD-80 series aircraft service, as described in the service plan it filed in Docket OST-2010-0058, available to charterers either in foreign or domestic U.S. markets. While this additional flexibility requires new economic authorit y from the Department, foreign operations of the same type and with the same aircraft will not require any material changes to Dynamic's business systems, finances, or management. 2

1 / Dynamic recognizes that the final order will undergo Presidential review under 49 U.S.C. § 41307, and it asks that the Department facilitate the prompt completion of that review. To the extent necessary, Dynamic resp ectfully incorporates by reference

herein the service and fitness informatio n it submitted in the aforementioned

docket.

2 / Dynamic does not anticipate that substi tution of foreign service for previouslyforecast domestic service will cause any ch ange in its net fuel consumption, and it has determined that adequate fuel is avail able for this service. To the extent the Department nonetheless conc ludes that grant of the requested authority would constitute a major regulatory action, Dynam ic requests that the Department waive the requirement that an En ergy Statement under 14 C.F.R. Part 313 be prepared.Dynamic Aviation Foreign Certificate Application Page 3

Dynamic continues to be a citizen of the United States, fit, willing, and able to provide air transp ortation, and able to comply effectively with relevant transportation laws. Dyna mic also has demonstrated to the Department's satisfaction the ability of its managers, and its financial strength, to provide MD-80 series charter operations without posing an

undue risk to consumers or their funds. The foreign charter air transportation Dynamic proposes is consistent with the public convenience and necessity as required by 49 U.S.C. § 41102(b)(2). The Department continues to recognize the Civil Aeronautics Board’s finding in Order 78-7-106, The Former Large Irregular Air Service Investigation , that there is a continuing de mand and need for additional

charter air carriers. See, e.g., Atlas Air, Inc., Order 2010-5-24, at 1 n.1. Moreover, grant of the reques ted certificate authority is in the public interest, as it will allow Dynamic to offer char terers new price and service options for international passenger transportation.Dynamic Aviation Foreign Certificate Application Page 4

WHEREFORE, Dynamic Airways, LLC d/b/a Dynamic Aviation respectfully requests that the Depar tment of Transportation process this application expeditiously, issue it a certificate of public convenience and necessity to engage in foreign charter air transportation of persons, property, and mail, and grant such other relief as may be necessary or appropriate.

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 October 20, 2010CERTIFICATE OF SERVICE I hereby certify that I have, this 20th day of October, 2010 caused the attached Application of Dynamic Airways, LLC d/b/a Dynamic Aviation to be served by electron ic mail on the following persons: Tony Bernhardt Greensboro Flight Standards District Office (AEA-FSDO-39) Federal Aviation Administration 6433 Bryan Boulevard Greensboro, NC 27409-9419

John R. Mietus, Jr.