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, 2010
BEFORE 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 thereof. Dynamic anticipates 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. markets. Therefore, Dynamic requests that 

the Department process this application expeditiously, using written 

submissions and simplified, non-hearing procedures as contemplated by 
Dynamic 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 charter 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 authority 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 respectfully incorporates by reference 

herein the service and fitness information it submitted in the aforementioned 

docket. 

2/ Dynamic does not anticipate that substitution of foreign service for previouslyforecast domestic service will cause any change in its net fuel consumption, and it 

has determined that adequate fuel is available for this service. To the extent the 

Department nonetheless concludes that grant of the requested authority would 

constitute a major regulatory action, Dynamic requests that the Department waive 

the requirement that an Energy 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 transportation, and able to comply effectively with 

relevant transportation laws. Dynamic 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 demand 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 requested certificate authority is in the public interest, 

as it will allow Dynamic to offer charterers 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 Department 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, 2010
CERTIFICATE 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 electronic 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.