Order 2010-10-11

Served: October 19, 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 19th 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

 

ORDER CONFIRMING ORAL ACTION 

AND ISSUING EFFECTIVE CERTIFICATE

Summary

By this order we (1) confirm our oral action of October 12, 2010, making the interstate charter 

certificate authority issued to Dynamic Airways, LLC d/b/a Dynamic Aviation (“Dynamic 

Airways”) effective on that date, and (2) reissue to Dynamic Airways its certificate of public 

convenience and necessity authorizing it to engage in interstate charter air transportation of 

persons, property, and mail to reflect its effective date.

Background

By Order 2010-10-3, issued October 4, 2010, we found Dynamic Airways fit, willing, and able 

to engage in interstate charter air transportation of persons, property, and mail and issued the 

company a certificate authorizing it to engage in interstate charter operations. However, the 

authority to operate under this certificate was not to become effective until six (business) days 

after the Department had received (1) a copy of Dynamic Airways’ Air Carrier Certificate and 

Operations Specifications from the Federal Aviation Administration (“FAA”) authorizing it to 

engage in such operations, (2) a certificate of insurance evidencing liability insurance coverage 

meeting the requirements of Part 205 of our rules, (3) updated fitness information describing any 

changes Dynamic Airways may have undergone subsequent to the Show Cause order in this 

proceeding,1 including evidence that the air carrier continued to have funding sufficient to meet 

our financial fitness criteria.

 

1 See Order 2010-9-17, issued September 17, 2010.
2

On October 8, 2010, Dynamic Airways provided to the Department financial and other updated 

fitness information, a copy of OST Form 6410 evidencing liability insurance meeting the 

requirements of 14 CFR 205.5(b), and a copy of its Air Carrier Certificate and Operation 

Specifications from the FAA evidencing that it had been authorized by the FAA to engage in 

interstate charter operations. Based on our review of this updated information, we determined 

that Dynamic Airways continued to be fit to provide interstate charter air transportation of 

persons, property, and mail. Thus, on October 12, 2010, we orally advised Dynamic Airways

that we would make its interstate charter authority effective on that date.

By this order we confirm our oral action of October 12, 2010, and reissue the air carrier’s 

certificate to reflect its effective date.

ACCORDINGLY, Acting under authority assigned by the Department in its Regulations, 

14 CFR 385.12:

1. We confirm our oral action of October 12, 2010, making the interstate charter certificate 

issued to Dynamic Airways, LLC d/b/a Dynamic Aviation, by Order 2010-10-3 effective on that 

date, and reissue the certificate in the attached form to reflect its effective date.

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

operations with more than five large aircraft,

2 it must first notify the Department in writing at 

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.3

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

Persons entitled to petition the Department for review of this order, under 14 CFR 385.30, may

file their petitions within 10 days of the service date of this order.

 

2 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.

3 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.
3

The action confirmed in this Order was effective when taken and the filing of a petition for 

review shall not alter its effectiveness.

By:

TODD M. HOMAN

Director

Office of Aviation Analysis

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

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 2010-10-11 Todd M. Homan

On October 19, 2010 Director

Effective on October 12, 2010 Office of Aviation Analysis
Attachment

As reissued by Order 2010-10-11

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 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) 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. 

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

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

(4) 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.

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

within the State of Alaska.

 

 This certificate is being reissued to reflect its effective date.

 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.
2

(6) 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.

(7) 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.
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