Order 2010

- 10

- 3

Served: October 4, 2010

U N I T E D S

T A T E S O F A

M E R I C A D E P A R T M E N T O F T R A N S P O R T A T

I O N 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 1 7 , 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 Dy namic 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 tha n 60 seats or a payload of more than 18,000 pounds. it must first notify the Department in writing at2

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 A viation , 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 Conveni ence 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

. K urland

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 in surance 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 postu re, 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 suffici ent 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 Aviati on 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 Subti tle VII of Title 49 of the

United States C ode 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 a ctual 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 dorman cy.

**∗** To ass ure 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 ADM INISTRATION

GREENSBORO FSDO 39

6433 BRYAN BOULIVARD

GREENSBORO NC 27409 MR PETER LYNCH AGC

- 300

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATI ON 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 NE W 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