BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Applications of

AERODYNAMICS INCORPORATED

for certificates of public convenience and 

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

interstate and foreign charter air transportation of 

persons, property and mail

 

 Dockets DOT-OST-2001-10985

 DOT-OST-2001-10986

 

APPLICATION OF AERODYNAMICS INCORPORATED

FOR WAIVER OF SECTION 204.7 DORMANCY PROVISION

Communications with respect to this document should be sent to:

Aaron A. Goerlich

Garofalo Goerlich Hainbach PC

1200 New Hampshire Avenue NW

Washington, DC 20036-6802

(202) 776-3974

agoerlich@ggh-airlaw.com

Counsel for Aerodynamics Incorporated

March 12, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Applications of

AERODYNAMICS INCORPORATED

for a certificate of public convenience and 

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

interstate and foreign charter air transportation of 

persons, property and mail

 Dockets DOT-OST-2001-10985

 DOT-OST-2001-10986

APPLICATION OF AERODYNAMICS INCORPORATED

FOR WAIVER OF SECTION 204.7 DORMANCY PROVISION

Pursuant to section 204.7(a) of the Department’s regulations, 14 CFR § 204.7(a), 

the certificate authority of a carrier that for a period of one year has not provided air 

transportation for which a fitness finding is required is automatically deemed dormant, 

and is subject to revocation. Aerodynamics Incorporated (ADI) hereby requests a waiver 

to the extent necessary for the Department to re-determine ADI’s fitness and reinstate its 

certificate authority, which at present is dormant under the regulation cited above. In 

support of this application, ADI states as follows.

ADI’s certificates of public convenience and necessity for interstate and foreign 

charter air transportation of persons, property and mail were issued by Order 2003-9-29. 

ADI operated a large aircraft under this authority until late 2010, and continued operating 

small aircraft (as defined in the Department’s regulations) under its certificate authority 

until October 15, 2012, when ADI temporarily ceased air transportation operations. 
In late July 2013, ADI resumed air transportation operations with 50-passenger 

small aircraft pursuant to reissued FAA authority and an approved DOT Part 298 air taxi 

registration. On August 30, 2013, several weeks prior to expiration of the one year period 

described above, ADI submitted a substantial quantity of continuing fitness information 

to the Department’s Air Carrier Fitness Division. The update process was completed 

(subject to any DOT request for additional information) with submission to the Fitness 

Division of additional and further-updated information on February 28, 2014. 

In view of these circumstances, it would serve no purpose for the Department to 

decline to waive the dormancy provision or to revoke ADI’s certificates. Such action 

would force ADI to apply for entirely new certificate authority. Requiring such an 

application would be contrary to the public interest since (i) ADI is an operating air 

carrier, (ii) it would waste the Department’s and ADI’s valuable resources to require the 

carrier to repeat a process previously completed, and (iii) such action would delay the 

availability of ADI’s pro-competitive certificated service, to the public detriment. 

Favorable action on this request would be additionally in the public interest in that 

it would help enable ADI to inaugurate its proposed new service in a timely fashion. That 

service is described in Exhibit B to ADI’s Notice of Intent to Resume Certificated Air Carrier 

Operations in this docket. Daily service involving a route not currently served, as ADI 

proposes, is very much in the public interest. 

Wherefore, ADI requests that a waiver of the dormancy provision of 14 CFR §

204.7 be issued. 

Respectfully submitted,

Aaron A. Goerlich

Garofalo Goerlich Hainbach PC

March 12, 2014 Counsel for Aerodynamics Incorporated