Order 2011-3-27

Served: March 21, 2011

Issued by the Department of Transportation

on the 18th day of January, 2011

Application 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 foreign charter air 

transportation of persons, property and mail

 Docket DOT-OST-2010-0262

ORDER ISSUING CERTIFICATE

Summary

By this order, we (1) conclude that Dynamic Airways, LLC d/b/a Dynamic Aviation (“Dynamic 

Airways”) is a citizen of the United States and is fit, willing, and able to provide foreign charter air 

transportation of persons, property, and mail, using five large aircraft, and (2) issue it a certificate of 

public convenience and necessity authorizing such operations, subject to conditions.

Background

Section 41102 of Title 49 of the United States Code (“the Transportation Code”) directs us to determine 

that applicants for certificate authority to provide foreign charter air transportation of persons, property 

and mail are “fit, willing, and able” to perform such transportation and to ensure that all operations 

relating to this authority conform to the provisions of the Transportation Code and the regulations and 

requirements of the Department. In making fitness findings, the Department uses a three-part test that 

reconciles the Airline Deregulation Act’s liberal entry policy with Congress’ concern for operational 

safety and consumer protection. The three areas of inquiry that must be addressed in order to determine 

a company’s fitness are whether the applicant (1) will have the managerial skills and technical ability to 

conduct the proposed operations, (2) will have access to resources sufficient to commence operations 

without posing an undue risk to consumers or their funds, and (3) will comply with the Transportation 

Code and regulations imposed by Federal and State agencies. We must also find that the applicant is a 

U.S. citizen.

On October 20, 2010, Dynamic Airways, an operating interstate charter air carrier, filed an application 

in Docket DOT-OST-2010-0262 requesting authority under 49 U.S.C. § 41102 to provide foreign 

charter air transportation of persons, property, and mail. The applicant intends to provide foreign charter 

services for collegiate and professional sports teams and other public and private charterers using one 

leased MD-80 series aircraft and anticipates expanding to a total of five such aircraft within the first year

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C. UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION
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of operations as demand for its foreign and domestic services increases. Dynamic Airways anticipates 

that new business opportunities for foreign passenger charters could be available to it early in 2011. No 

objections to Dynamic Airways’ application were filed.

As discussed below, our review of the information in Dynamic Airways’ application indicates that the 

air carrier is fit to hold the foreign charter authority it seeks. We also note that the foreign flights 

contemplated by Dynamic Airways are similar in scope to those it is currently conducting domestically. 

Under these circumstances, and because of the findings made below, we have decided that neither an 

oral evidentiary hearing nor a show-cause proceeding is necessary for us to make a decision in this case. 

Therefore, in accordance with 14 CFR § 302.210(a)(2) of our regulations, we will proceed directly to 

final approval of Dynamic Airways’ certificate for foreign charter passenger authority.1 

FITNESS

The Applicant

On October 19, 2010, the Department issued to Dynamic Airways effective certificate authority to 

conduct interstate charter air transportation of persons, property, and mail, using no more than five large 

aircraft.2 Since then, Dynamic Airways has been providing charter services for collegiate and 

professional sports teams and other public and private charterers using one leased MD-80 series aircraft.

The company is now requesting foreign charter authority to complement its existing operations. If 

granted the certificate authority it seeks, Dynamic Airways intends to operate foreign charter services 

for collegiate and professional sports teams and other public and private charterers using the same leased 

MD-80 series aircraft used in the air carrier’s interstate charter operations. 

In its initial application for interstate authority, Dynamic Airways provided information about its 

ownership, management, financial condition, and compliance disposition. In its foreign application, 

Dynamic Airways stated that nothing has materially changed since the air carrier was initially found fit. 

Specifically, Dynamic Airways continues to be wholly owned by Mr. Michael A. Stoltzfus (67.0 

percent) and his father, Mr. Karl D. Stoltzfus, Sr. (33.0 percent), both of whom are U.S. citizens.

Additionally, there have been no changes to the applicant’s key management and technical personnel. 

Further, Dynamic Airways provided third-party verification from PNC Bank evidencing that it has 

access to an established line-of-credit that exceeds our financial fitness requirement; thus, we find that 

the applicant continues to have access to sufficient financial resources.

3 Moreover, the Federal Aviation 

Administration (“FAA”) advised us that a recent review of Dynamic Airways revealed no major issues 

involving the applicant’s operations, and that the air carrier remains in good standing with that agency.

 

1 The issuance of a foreign certificate is subject to Presidential review under 49 U.S.C. 41307.

2 See Order 2010-10-11, issued October 19, 2010. We incorporate here by reference the service and fitness information 

submitted in Docket DOT-OST-2010-0058.

3 Since the applicant proposes to use the same leased MD-80 series aircraft in both its interstate and foreign charter 

operations, and will operate these flights under Aircraft, Crew, Maintenance, and Insurance (“ACMI”) contracts, with 

charterers directly responsible for all remaining costs associated with the air transportation provided, the applicant does not 

expect to incur any additional expense beyond those identified in its interstate application, which was $5.80 million.
3

Based on our review of the information available to us, we have determined that no significant changes 

affecting the air carrier’s fitness (i.e., management, financial condition, compliance disposition, or 

ownership) have occurred since the Department’s initial fitness finding of October 2010, and we have no 

other information at this time that leads us to conclude that Dynamic Airways is not fit. 

In light of the above, we conclude that Dynamic Airways is a U.S. citizen, that it continues to have a 

competent management team, that it has adequate financial resources to conduct its proposed foreign 

charter operations, and that it has a satisfactory compliance disposition to conduct the operation 

proposed.

PUBLIC CONVENIENCE AND NECESSITY

We find that the foreign charter air transportation proposed by Dynamic Airways is consistent with the 

public convenience and necessity. By Order 78-7-106, which instituted the Former Large Air Service 

Investigation, the Civil Aeronautics Board found that there was a continuing demand and need for 

additional charter air carriers. These findings remain valid and apply to the authority sought by 

Dynamic Airways. 

CERTIFICATE CONDITIONS AND LIMITATIONS

While we are making the certificate authority issued here effective immediately, Dynamic Airways’

ability to conduct foreign charter operations with large aircraft under this certificate remains subject to 

its receipt of the appropriate approval for foreign charter operations from the FAA. 

We remind Dynamic Airways of the requirements of 49 U.S.C. § 41110(e). Specifically, that section 

requires that, once an air carrier is found fit initially, it must remain fit in order to hold its authority. To 

be assured that certificated air carriers continue to be fit after effective authority has been issued to 

them, we require that they supply information describing any subsequent substantial changes they may 

undergo in areas affecting fitness.4 The compliance of the company with this requirement is essential if 

we are to carry out our responsibilities under section 41110(e).5

Moreover, as noted earlier, Dynamic Airways is currently limited to operations with no more than five 

large aircraft. We will continue our requirement that Dynamic Airways notify the Department in writing 

 

4 The air carrier may contact our Air Carrier Fitness Division to report proposed substantial changes in its 

operations, ownership, or management, and to determine what additional information, if any, will be required under section 

204.5. In addition, by notice dated July 21, 1998, the Department requested air carriers to provide a 30-day advance 

notification of any proposed change in ownership, restructuring, or recapitalization. If the air carrier fails to file this updated 

information or if the information fails to demonstrate that the air carrier will continue to be fit upon implementation of the 

substantial change, the Department may take such action as is appropriate, including enforcement action or steps to 

modify, suspend, or revoke the air carrier's certificate authority.

5 We also remind Dynamic Airways about the requirements of section 204.7 of our rules. This section provides, among 

other things, that (1) the certificate authority granted to a company shall be revoked if the company does not commence 

actual flying operations under that authority within one year of the date of the Department's determination of its fitness; (2) if 

the company commences operations for which it was found fit and subsequently ceases such operations, it may not resume 

certificated air carrier service unless its fitness has been redetermined; and (3) if the company does not resume operations 

within one year of its cessation, its authority shall be revoked for dormancy.
4

at least 45 days in advance of any planned expansion in its fleet and demonstrate its fitness for such 

operations prior to implementing service with any additional aircraft. 

Finally, to aid the Department in monitoring the fitness of new air carriers, we ask that all newly 

certificated air carriers submit a detailed progress report within 45 days following the end of the first 

year of certificated operations, to the Air Carrier Fitness Division. The report should include a 

description of the 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,6 and a listing of current senior management and key technical 

personnel. The air carrier should also be prepared to meet with staff members of the Fitness Division to 

discuss its current and future operations. 

ACCORDINGLY,

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

foreign charter air transportation of persons, property, and mail. 

2. We find the proposed service is consistent with the public convenience and necessity.

3. We issue a foreign charter certificate of public convenience and necessity to Dynamic Airways, LLC 

d/b/a Dynamic Aviation, subject to the Terms, Conditions, and Limitations attached. 

4. We direct that should Dynamic Airways, LLC d/b/a Dynamic Aviation, wish to operate more than 

five large aircraft, it must first provide the Department with at least 45-days’ notice and demonstrate its 

fitness for such operations.

5. Unless disapproved by the President of the United States under 49 U.S.C. § 41307, this order shall 

become effective on the 61st day after its submission for section 41307 review or upon the date of receipt 

of advice from the President or his designee under Executive Order 12597 and implementing regulations 

that he or she does not intend to disapprove the Department's order under that section, whichever occurs 

earlier.7

 

6 These financial statements should include a balance sheet as of the end of the company’s first full year of actual 

certificated operations and a twelve-month income statement ending that same date.

7 This order was submitted for 41307 review on January 18, 2011. The 61st day is March 21, 2011. Since the President’s 

designee did not disapprove this order before that date it became effective on March 21, 2011. 
5

6. We will serve a copy of this Order on the persons listed in Appendix 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
Certificate of Public Convenience and Necessity for

Foreign 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 the United 

States Code, the orders, rules, and regulations issued thereunder, and the 

attached Terms, Conditions, and Limitations, to engage in foreign 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 2011-3-27 Susan L. Kurland

On January 18, 2011 Assistant Secretary for 

Effective on (see attached) Aviation and International Affairs
Attachment 

Terms, Conditions, and Limitations

DYNAMIC AIRWAYS, LLC

d/b/a DYNAMIC AVIATION

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

Between any place in the United States and any place outside thereof.

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.

(4) The holder shall at all times conduct its operations in accordance with all treaties and 

agreements between the United States and other countries, and the exercise of the privileges granted by 
2

this certificate is subject to compliance with such treaties and agreements and with any orders of the 

Department of Transportation issued under them or for the purpose of requiring compliance with them.

(5) The exercise of the authority granted here is subject to the holder's first obtaining from the 

appropriate foreign governments such operating rights as may be necessary.

(6) 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.



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

49 U.S.C. § 40102(a)(15).

(8) 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.

(9) Should the holder propose any substantial change in its ownership, management, or operations 

(as defined in 14 CFR 204.2(l)), it must first comply with the requirements of 14 CFR 204.5.

(10) 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 

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

PETER LYNCH AGC-300

ASST CHIEF COUNSEL FOR ENFORCEMENT

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

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