BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------------------------

:

Application of :

:

EXPRESSJET AIRLINES, INC. : Docket DOT-OST-2006-24591

:

for renewal of an exemption under 49 U.S.C. § 40109 :

(U.S.-Dominican Republic) :

:

------------------------------------------------------------------------

APPLICATION OF

EXPRESSJET AIRLINES, INC.

FOR RENEWAL

Communications with respect to this document should be sent to:

Jon Lindlief

Director – Planning and Development

EXPRESSJET AIRLINES, INC.

990 Toffie Terrace

Atlanta, GA 30354

Gerald F. Murphy

Steven J. Seiden

CROWELL & MORING LLP

1001 Pennsylvania Avenue, NW

Washington, DC 20004-2595

(202) 624-2500

gmurphy@crowell.com

sseiden@crowell.com

Counsel for

ExpressJet Airlines, Inc.

February 26, 2015
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------------------------

:

Application of :

:

EXPRESSJET AIRLINES, INC. : Docket DOT-OST-2006-24591

:

for renewal of an exemption under 49 U.S.C. § 40109 :

(U.S.-Dominican Republic) :

:

------------------------------------------------------------------------

APPLICATION OF

EXPRESSJET AIRLINES, INC. 

FOR RENEWAL

ExpressJet1applies, pursuant to 49 U.S.C. § 40109 and Subpart C of the Department’s 

Rules of Practice, for renewal of its exemption from 49 U.S.C. § 41101 authorizing ExpressJet to 

provide scheduled foreign air transportation of persons, property and mail between a point or 

points in the United States and a point or points in the Dominican Republic.2 ExpressJet requests 

that its exemption be renewed for a period of at least two years.

ExpressJet states as follows in support of its application:

1. ExpressJet’s U.S.-Dominican Republic exemption authority was originally 

granted by Notice of Action Taken dated May 9, 2006, and most recently renewed by Notice of 

Action Taken dated April 25, 2013, in this docket. Absent renewal, ExpressJet’s authority will 

 

1 Common names are used for airlines. 

2 By Order 2012-1-3, the Department reissued the certificates and other economic 

authorities held by Atlantic Southeast, including the U.S.-Dominican Republic exemption 

authority that is the subject of this renewal application, in the name of ExpressJet.
Renewal Application of ExpressJet

Page 2

expire on April 25, 2015. ExpressJet requests that its exemption be renewed for at least two 

additional years, or until 90 days after the Department’s final determination on ExpressJet’s

request for a streamlined open-entry certificate pending in Docket DOT-OST-2005-22228,3

whichever occurs first. 

2. Renewal of this exemption authority is clearly in the public interest as it will 

permit ExpressJet to continue to have the flexibility to operate Atlanta-Puerto Plata scheduled 

service as a Delta Connection carrier during certain peak and off-peak periods using either its 76-

seat CRJ-900 or 65-seat CRJ-700 aircraft, and to introduce other U.S.-Dominican Republic 

services as market conditions warrant. Granting this application will also enable ExpressJet to 

continue providing substantial consumer benefits by maintaining existing service options for the 

U.S. traveling public, including the online connections offered between points on Delta’s 

network. Renewal of ExpressJet’s U.S.-Dominican Republic exemption authority is fully 

consistent with the terms of the U.S.-Dominican Republic Air Transport Agreement and the 

overall state of aviation relations between the United States and the Dominican Republic. 

3. ExpressJet remains fit, willing and able to perform the U.S.-Dominican Republic 

services applied for herein. ExpressJet is a well-established regional carrier and holds various 

certificate and exemption authorities permitting it to engage in scheduled interstate and foreign 

air transportation of persons, property and mail.4 ExpressJet requests that the Department, 

 

3

See Letter dated July 20, 2009 from Robert E. Cohn to Paul L. Gretch, Director, 

Office of International Aviation. 

4

See, e.g., Order 2012-1-3 at 1-2 (listing ExpressJet’s certificate, exemption, and

other operating authorities) and Notices of Action Taken dated Feb. 17, 2015 in Docket DOTOST-2011-0089 (Atlanta-Monterrey) and Jan. 20, 2015 in Docket DOT-OST-2006-25018 (U.S.-

Belize).
Renewal Application of ExpressJet

Page 3

pursuant to Rule 24 of its Rules of Practice, take official notice of all information and data that 

have been filed to establish ExpressJet’s fitness. 

4. ExpressJet invokes the automatic extension provisions of 5 U.S.C. § 558(c), as 

implemented by Part 377 of the Department’s Special Regulations, to continue this authority in 

effect pending action on this renewal application.

WHEREFORE, ExpressJet asks the Department to renew its exemption from 49 U.S.C. 

§ 41101 authorizing ExpressJet to provide scheduled foreign air transportation of persons, 

property and mail between a point or points in the United States and a point or points in the 

Dominican Republic.

Respectfully submitted,

CROWELL & MORING LLP

_______________________________

Gerald F. Murphy

Steven J. Seiden

gmurphy@crowell.com

sseiden@crowell.com

Counsel for

ExpressJet Airlines, Inc.

February 26, 2015
CERTIFICATE OF SERVICE

I certify that I have this date served the foregoing document on the following persons in 

accordance with the Department’s Rules of Practice:

robert.wirick@aa.com

howard.kass@aa.com

sascha.vanderbellen@delta.com

chris.walker@delta.com

dan.weiss@united.com

steve.morrissey@united.com

pmurphy@lopmurphy.com

bob.kneisley@wnco.com

leslie.abbott@wnco.com

matwood@cozen.com

slachter@cozen.com

jrichardson@johnlrichardson.com

jcanny@amerijet.com

jhill@cooley.com

perkmann@cooley.com

jyoung@yklaw.com

dkirstein@yklaw.com

john.fredericksen@suncountry.com

thomas.ting@suncountry.com

rsilverberg@sgbdc.com

john.s.duncan@faa.gov

englets@state.gov

__________________________________

Steven J. Seiden

February 26, 2015