BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------------------------ : Application of : : EXPRESSJET AIRLINES, INC. : Docket DOT-OST-2011-0089 : for exemptions under 49 U.S.C. § 40109 : (Atlanta - Monterrey, Mexico) : (Detroit - Monterrey, Mexico) :

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APPLICATION OF EXPRESSJET AIRLINES, INC. FOR RENEWAL
Communications with respect to this document should be sent to:
John 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 Ave NW Washington, DC 20004 (202) 624-2500 gmurphy@crowell.com sseiden@crowell.com Counsel for ExpressJet Airlines, Inc.

March 1, 2013BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

------------------------------------------------------------------------ : Application of : : EXPRESSJET AIRLINES, INC. : Docket DOT-OST-2011-0089 : for exemptions under 49 U.S.C. § 40109 : (Atlanta - Monterrey, Mexico) : (Detroit - Monterrey, Mexico) :

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APPLICATION OF EXPRESSJET AIRLINES, INC. FOR RENEWAL ExpressJet1 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 Atlanta, Georgia and Detroit, Michigan, on the one hand, and Monterrey, Mexico, on the other hand. 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 Atlanta/Detroit-Monterrey exemption authority was originally granted by Notice of Action Taken dated May 4, 2011 in this docket. 2 Absent renewal, ExpressJet’s authority will expire on May 4, 2013.

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 Atlanta/Detroit-Monterrey exemption authority that is the subject of this renewal application, in the name of ExpressJet.Renewal Application of ExpressJet

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2. Renewal of this exemption authority is clearly in the public interest as it will permit ExpressJet to continue operating year-round Atlanta/Detroit-Monterrey scheduled service as a Delta Connection carrier with 76-seat CRJ-900 or 65-seat CRJ-700 aircraft. The authority requested 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 via Atlanta and Detroit. Renewal of ExpressJet’s exemption authority is fully consistent with the terms of the U.S.-Mexico bilateral aviation agreement, as amended. 3. ExpressJet remains fit, willing and able to perform the Atlanta/Detroit-Monterrey 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. 3 ExpressJet requests that the Department, 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.

3 See, e.g., Order 2012-1-3 at 1-2 (listing ExpressJet’s certificate, exemption, andother operating authorities) and Notice of Action Taken dated May 17, 2012 in Docket DOTOST-2012-0077 (Atlanta-Cozumel).