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, 2013
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) :

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

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 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

Page 2

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.3ExpressJet 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, and

other operating authorities) and Notice of Action Taken dated May 17, 2012 in Docket DOTOST-2012-0077 (Atlanta-Cozumel).