U.S.Department of

Transportation

Office of the Secretory

of Transportation

1200 New Jersey Avenue SE

Washington DC 20590

November 21, 2014

Mr. Aaron A. Goerlich

Counsel for Aerodynamics Incorporated

Garofalo Goerlich Hainbach PC

1200 New Hampshire Ave. NW

Washington, DC 20036

RE: Docket DOT-OST-2014-0114, Application of Aerodynamics Incorporated

for a Certificate of Public Convenience and Necessity to engage in interstate scheduled air

transportation of persons, property, and mail

Dear Mr. Goerlich:

This letter follows the Department's email of November 17, 2014, to Aerodynamics Incorporated

("AD I"), regarding recent developments in the air carrier's pending application for the

determination of its fitness to conduct interstate scheduled passenger air transportation. I In our

email, we noted that new information concerning a previously disclosed compliance matter

involving ADI's majority owner and CEO, Scott A. Beale, has recently come to our attention.'

In light of ADI's pending application, we requested that ADI provide us with additional

information pertaining to the matter. Specifically, we requested that ADI provide (1) a copy of

the complaint that was filed, (2) a copy of the judgment that was issued, and (3) an explanation

of the status of the case in question. We also noted that we had recently learned that ADI had a

new Chief Pilot and requested an updated resume for the Chief Pilot and asked for information

regarding any other changes at the air carrier that might affect its fitness.

After we requested this information, AD! filed Amendment No. 5 to its application on

November 19, 2014. After reviewing this information, we find that the air carrier's submission

does not fully respond to our request for information. In the supplement, ADI submitted

third-party verification of a $] million line of credit, as well as updated personnel information.

With respect to the compliance matter, AD! submitted a brief discussion of the situation, but did

not submit copies of the documents requested by DOT. We note that the documents requested

pertain directly to the compliance disposition of one of ADI's key personnel. Therefore, a

complete review of the facts and circumstances of the matter is necessary for the Department to

make a compliance determination with respect to ADI's fitness.

See attached e-mail dated November 17, 2014.

See Flight Test Aviation Inc. v. Beale, U.S. District Court, Eastern District of Virginia, Case o.

I:2013cvOOI45.
2

In light of the above, we direct ADI to respond to each item listed in the attached Information

Request. I ask that you respond fully to this request within 15 days of the date of this letter.

Your response should be mailed to U.S. Department of Transportation, Docket Operations,

(M-30, Room W12-140), 1200 New Jersey Avenue, S.E., West Building Ground Floor,

Washington, D.C. 20590, or you may electronically file your response at www.rezulations.zov,

As is the Department's practice, further processing of ADI's application will be deferred pending

receipt of this material

Lastly, we remind AD! that it is the applicant's responsibility to submit timely updates to its

application with respect to events or changes affecting its fitness (i. e., management, operating

plans or financial condition, compliance disposition, or ownership) while its application is under

review by the Department.

If you have any questions regarding this letter or the requested information, please contact Katy

O'Toole of my staff at 202-366-9721 or via email at Catherine.O'Toole@dot.gov.

)1!J~ auralyn J. Remo U Chief, Air Carrier . ess Division

Office of Aviation Analysis

Attachment (I)

cc: Docket DOT-OST-2014-0114

Mr. Bruce Clamp

Principal Operations Inspector, FAA

Atlanta FSDO
AERODYNAMICS INCORPORATED

REQUEST FOR INFORMATION

1. In reference to Flight Test Aviation, Inc. v. Beale, U.S. District Court, Eastern District of

Virginia, Case No 1:2013cv00145, please provide:

a. a copy of the complaint,

b. a copy of the judgment that was issued in this case, and

c. an update of the status of this case.

2. Please provide current status of FAA investigation 2015S065002.

3. Please provide citizenship information for Messrs. Anderson, Moreau, and Smithley.
From:

To:

Subject:

Date:

O"toole, Catherine (OST)

Aaron A. Goerlich

RE: AOI

f'londay, November 17,2014 2:25:00 PM

Also, it appears that there is a new Chief Pilot at ADI --- we vould need an updated resume for him

posted to the docket (and a copy sent to us).

If there are any other changes that we eed to be aware of, please provide.

Katy

From: O'toole, Catherine (OST)

Sent: Monday, November 17,20142:19 PM

To: Aaron A. Goerlich

Cc: Remo, Laura (OST)

Subject: AD!

Hi Aaron

A question has come up regarding the case that ADI disclosed to us in its application - Case 1:2013

CV00145. We understand that on October 24, a judgement/order was issued regarding this case.

Can you please provide us the complaint that was filed, the judgement that was issued, as well as

the status of the case.

Thanks

Katy

Katy O'Toole

U.S. Department of Transportation

Office of Aviation Analysis

Air Carrier Fitness Division (X-56)

phone: 202.366.9998

fax: 202.366.7638

Catherine.O'Toole@dot.gov