Order 2010-10-3

Served: October 4, 2010

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 4th day of October, 2010

Fitness Determination of

 DYNAMIC AIRWAYS, LLC

 d/b/a DYNAMIC AVIATION

for a certificate of public convenience and necessity 

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

charter air transportation of persons, property and mail

 Docket DOT-OST-2010-0058

 

FINAL ORDER

By Order 2010-9-17, issued September 17, 2010, we directed all interested persons to show 

cause why we should not make final our tentative findings and conclusions stated in it and award 

a certificate of public convenience and necessity to Dynamic Airways, LLC d/b/a Dynamic 

Aviation, authorizing it to engage in interstate charter air transportation of persons, property, and 

mail. 

Interested persons were given 14 days to file objections to the order. 

No objections to the show-cause order were received.

ACCORDINGLY, 

1. We find that Dynamic Airways, LLC d/b/a Dynamic Aviation, is fit, willing, and able to 

engage in interstate charter air transportation of persons, property, and mail. 

2. We issue a certificate of public convenience and necessity to Dynamic Airways, LLC d/b/a 

Dynamic Aviation, to engage in interstate air transportation in the form and subject to the Terms, 

Conditions, and Limitations attached.

3. We direct that should Dynamic Airways, LLC d/b/a Dynamic Aviation, propose to conduct 

operations with more than five large aircraft,1

 

1 A “large” aircraft is any aircraft originally designed to have a maximum passenger capacity of more than 60 

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

it must first notify the Department in writing at 
2

least 45 days prior to the proposed change in operations and demonstrate its fitness to conduct 

such operations before their commencement.

4. We direct Dynamic Airways, LLC d/b/a Dynamic Aviation, to submit to the Air Carrier 

Fitness Division a first-year progress report within 45 days following the end of its first year of 

certificated operations.2

5. We will serve a copy of this order on the persons listed in Attachment A.

By:

SUSAN L. KURLAND

Assistant Secretary

for Aviation and International Affairs

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

http://www.regulations.gov

 

2 The report shall include a description of the air carrier’s current operations (number and type of aircraft, 

principal markets served, total number of full-time and part-time employees), a summary of how these operations 

have changed during the year, a discussion of any changes it anticipates from its current operations during its second 

year, current financial statements, and a listing of current senior management and key technical personnel.
Certificate of Public Convenience and Necessity for

Interstate Charter Air Transportation

 

This Certifies That

Dynamic Airways, LLC

d/b/a Dynamic Aviation

is authorized, subject to the provisions of Subtitle VII of Title 49 of United States Code, 

the orders, rules, and regulations issued thereunder, and the attached Terms, 

Conditions, and Limitations, to engage in interstate charter air transportation of 

persons, property, and mail.

This Certificate is not transferable without the approval of the Department of 

Transportation.

By Direction of the Secretary

Issued by Order 2010-10-3 Susan L. Kurland

On October 4, 2010 Assistant Secretary

Effective on (see attached) for Aviation and International Affairs
Attachment

Terms, Conditions, and Limitations

DYNAMIC AIRWAYS, LLC

d/b/a DYNAMIC AVIATION

is authorized to engage in interstate charter air transportation of persons, property and mail 

between any point in any State, territory, or possession of the United States or the District of 

Columbia, and any other point in any of those entities.

This authority is subject to the following provisions:

(1) The authority to operate under this certificate will not become effective until six 

(business) days after the Department has received the following documents; provided, however, 

that the Department may stay the effectiveness of this authority at any time prior to that date:

(a) A copy of the holder's Air Carrier Certificate and Operations Specifications 

authorizing such operations from the Federal Aviation Administration (FAA).

(b) A certificate of insurance on OST Form 6410 evidencing liability insurance 

coverage meeting the requirements of 14 CFR 205.5(b) for all of its aircraft.

(c) A statement of any changes the holder has undergone in its ownership, key 

personnel, operating plans, financial posture, or compliance history, since the date of the 

Show Cause Order in this case.

(d) A revised list of pre-operating expenses already paid and those remaining to be 

paid, as well as independent verification that the holder has available to it funds 

sufficient to cover any remaining pre-operating expenses and to provide a working 

capital reserve equal to the operating costs that would be incurred in three months of 

operations.

(2) Pending receipt of effective authority, the holder may not accept payment of any kind 

(i.e., cash, check, or credit card), issue tickets for the operations proposed under this certificate, 

or enter into contracts with charter operators, and any advertisement by the holder must 

prominently state: "This service is subject to receipt of government operating authority." 

(3) The holder shall at all times conduct its operations in accordance with the regulations 

prescribed by the Department of Transportation for the services authorized by this certificate, 

and with such other reasonable terms, conditions, and limitations as the Department of 

Transportation may prescribe in the public interest.
2

(4) The holder's authority under this certificate is effective only to the extent that such 

operations are also authorized by the Federal Aviation Administration (FAA), and comply with 

all U.S. Government requirements concerning security, including, but not limited to, 49 CFR 

Part 1544.∗

(5) The holder shall at all times remain a "Citizen of the United States" as required by 

49 U.S.C. 40102(a)(15).

(6) The holder shall maintain in effect liability insurance coverage as required under 

14 CFR Part 205. Failure to maintain such insurance coverage will render a certificate 

ineffective, and this or other failure to comply with the provisions of Subtitle VII of Title 49 of the 

United States Code or the Department's regulations shall be sufficient grounds to revoke this 

certificate.

(7) The holder is not authorized to engage in air transportation operations between points 

within the State of Alaska.

(8) Should the holder propose any substantial changes in its ownership, management, or 

operations (as that term is defined in 14 CFR 204.2(l)), it must first comply with the 

requirements of 14 CFR 204.5.

(9) In the event that the holder does not commence actual flying operations under this 

certificate within one year of the date of the Department's determination of its fitness, its 

authority shall be revoked for dormancy, unless the holder is conducting operations under 

another type of certificate authority. Further, in the event that the holder commences operations 

for which it was found "fit, willing, and able" and subsequently ceases all such operations, its 

authority under all certificates held shall be suspended under the terms of 14 CFR 204.7 and the 

holder may neither recommence nor advertise such operations unless its fitness to do so has 

been redetermined by the Department. Moreover, if the holder does not resume operations 

within one year of its cessation, its authority shall be revoked for dormancy.

 ∗ To assure compliance with all applicable U.S. Government requirements concerning security, the 

holder shall, before commencing any new service (including charter flights) to or from a foreign airport, 

contact its Principal Security Inspector (PSI) to advise the PSI of its plans and to find out whether the 

Transportation Security Administration has determined that security is adequate to allow such airport(s) 

to be served.
Attachment A

SERVICE LIST FOR DYNAMIC AIRWAYS LLC

D/B/A DYNAMIC AVIATION

JOHN R MIETUS

LAW OFFICE OF JOHN MIETUS LLC

6701 DEMOCRACY BLVD

BETHESDA MD 20817-7500 

MR WILLIAM J WEBER

CERTIFICATION SECTION MANAGER

FAA AFS-900

45005 AVIATION DRIVE SUITE 131

DULLES VA 20166

TONY BERNHARDT

PRINCIPLE OPERATIONS INSPECTOR

FEDERAL AVIATION ADMINISTRATION

GREENSBORO FSDO 39

6433 BRYAN BOULIVARD

GREENSBORO NC 27409

MR PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

MS ANNE SUISSA RTS-42

OFFICE OF AIRLINE INFORMATION

DOT/RITA/BTS E-34

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

BERNARD STANKUS 

OFFICE OF AIRLINE 

 INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590

CLAY MORITZ

OFFICE OF AIRLINE 

 INFORMATION

DOT/RITA/BTS RTS-42

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590