Order 2010
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- 11 Served: October 19, 2010

U N I T E DS T A TE S O F A M E R I C A D E P A R T M E N T OF T R

A N S P O R T A T I O N UNITED STATES OF AMERICA

DEPA RTMENT OF TRA NSPORTATION OFFICE OF THE SECRETA RY WASHINGTON, D.C. Issued b y the Department of Transportation on the 19 th day of October, 2010
Fitness Determination of DYNAMIC AIRWAYS, LLC d/b/a DYNAMI C 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 ORA L ACTION AN D ISSUING EFFECTIVE CERTIFICA TE Summary By this order we (1) confirm our oral action of October 12, 2010 , making the interstate charter certificate authority issued to Dy namic Airways, LLC d/b/a Dy namic Aviation (“Dy

namic Airways ”) effective on that date, and (2) reissue to Dy namic Airways its certificate of public convenience and necessity a uthorizing it to engage in interstate charter air transportation of persons, property, and mail to reflect its effective date. Background By Order 2010
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- 3 , issued October 4, 2010 , we found Dy namic 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 cop y of Dy namic 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 Dy

namic 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
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- 17 , issued Septem ber 17, 2010

.2

On October 8, 2010 , Dynamic Airways provided to the Department financial and other updated fitness information, a copy o f 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 Dy namic Airways continued to be fit to provide interstate charter air transportation of persons, property, and mail

. Thus, on October 12, 2010 , we orally advised Dy

namic 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 refle ct its effective date. AC CORDINGLY, 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 Dy

namic Airways, LLC d/b/a Dy namic Aviation , by

Order 2010
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- 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 Dy namic 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 Dy

namic Airways, LLC d/b/a Dy nami c Aviation , to submit to the Air C arrier Fitness Division a first

- year progress report within 45 days following the end of its first ye ar of certificated operations. 3 5
. We will serve a cop y 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 (num ber and ty

pe of aircraft, principal markets served, total number of full

-time and part-time em ployees), 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 W ide 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 ord

ers, 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 Departm ent 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

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### 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 on ly 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. F

ailure 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 commen cing 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 com ply 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. M

oreover, 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 ADM INISTRATION 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 ST ANKUS OFFICE OF AIRLINE INFORMATION DOT/RI TA/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