BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

: Application of :

: EXPRESSJET AIRLINES, INC. : Docket DOT

- OST

- 200 6

- 25018

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

- Belize ) :

:

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APPLICATION OF
EXPRESSJET AIRLINES, INC.
FOR RENEWAL OF AN EXEMPTION

Communications with respect to this document should be sent to:

Jon Lindlief
Director

– Planning & Development EXPRESSJET AIRLINES, INC.
100 Hartsfield Centre
Suite 700 Atlanta, GA 30354 Gerald F. Murphy
Steven J. Seiden
CROWELL & MORING LLP 1001 Pennsylvania Av enue, NW Washington, DC 20004

- 2595 (202) 508

- 8855 gmurphy@crowell.com
sseiden @crowell.com

Counsel for ExpressJet Airlines , Inc.

February 8 , 2013BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

: Application of :

: EXPRESSJET AIRLINES, INC. : Docket DOT

- OST

- 2006

- 25018

: for renewal of an exemption under 49 U.S.C. § 40109 : ( United State s

- Belize ) :

:

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

APPLICATION OF
EXPRESSJET AIRLINES, INC.
FOR RENEWAL OF AN EXEMPTION

ExpressJet 1 applies 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 points in the

United States and Belize

.

ExpressJet states as follows in support of its application:

1. ExpressJet’s U.S.

- Belize exemption authority was originally granted to Atlantic

Southeast by Not ice of Action Taken, June 10, 2004 , in this docket

, 2 and was most recently

renewed b y Notic e of Action Taken dated April 12, 2012. Absent renewal, ExpressJet’s

authority will expire on April 12, 2013

. ExpressJet requests that its exemption be renewed fo r at

1 Commo n names are used for airlines.

2 By Order 2012

- 1

- 3, the Department reissued the certificates and other economic authority held by Atlantic Southeast, including the U.S.

- Belize exemption authority that is the subject of this application, in the name of ExpressJet.Renewal Application of ExpressJet

Page 2

least two additional years, or until 90 days after the Department’s fin al determination on the

request for a s treamlined open

- entry certificate pending in Docket DOT

- OST

- 2005

- 22228, 3

whichever occurs first

.

2

. ExpressJet remains fit, willing, and ab le to perform the U.S.

- Belize services

applied for herein. Although ExpressJet is not presently operating on this route, it provides

extensive domestic and international regional jet service as a Delta Connection and United

Express carrier, including Delta Connection service to other international destinations in the

Caribbean. ExpressJet is a well

- established region al 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, pursuan t

to Rule 24 of its Rules of Practice, take official notice of all information that has been previously

filed to establish ExpressJet’ s fitness.

3

. Renewal of this U.S.

- Belize exe mption authority is in the public interest as it will

provide ExpressJet with the flexibility to resume operations on U.S.

- Belize routes as warranted.

Such services will increase competition and b enefit consumers seeking transportation between

the United States and Belize . The U.S.

- Belize services proposed by ExpressJet also remain

consistent wit h the terms of the U.S.

- UK aviation agreement to which Belize acceded upon its

independence.

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 authorit ies ) and Notice of Action Taken dated May 17, 2012 in Docket DOT

OST

- 2012

- 0077 (Atlanta

- Cozumel)

.