Order 2012-1-3

Served: January 9, 2012

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, D.C.

Issued by the Department of Transportation

on the 9th day of January, 2012

Application of

ATLANTIC SOUTHEAST AIRLINES, INC.

for the reissuance of its certificates of public 

convenience and necessity

Docket DOT-OST-2011-0232

ORDER REISSUING CERTIFICATES

Established as a corporation under the laws of the State of Georgia, Atlantic Southeast 

Airlines, Inc. (“ASA”), is an operating air carrier that holds certificate, exemption, and other 

operating authority from the Department.1 

On December 20, 2011, ASA filed an application in Docket DOT-OST-2011-0232 requesting 

reissuance of its certificates and other economic authorities in the name “ExpressJet 

Airlines, Inc.”2 ASA states that it will merge operations with that of its subsidiary, ExpressJet 

Airlines, Inc. (“old ExpressJet”), a certificated air carrier, on January 1, 2012, with ASA 

surviving the merger. Immediately following the merger, ASA intends to transfer its place of

domicile to the State of Utah and at the same time change its corporate name to “ExpressJet 

Airlines, Inc.” Following the merger, old ExpressJet will cease to provide operations as a 

certificated air carrier and it intends to tender its certificate to the Department for cancellation. 

ASA states that the reorganization will not result in any material changes in operations, 

ownership, or management. Moreover, ASA notes that the Department was previously made 

 1 ASA’s interstate certificate authority last was reissued by Order 98-7-6. ASA holds the following international 

authorities: 

- Blanket open skies certificate authority (See Order 2008-4-26).

- Exemption authority to engage in foreign scheduled air transportation between Atlanta, Georgia, and 

Providenciales, Turks and Caicos (See Notice of Action Taken, dated November 7, 2011, in Docket DOT-OST2004-1796); between Atlanta, Georgia, and Monterrey, Mexico (See Notice of Action Taken, dated May 4, 2011, in 

Docket DOT-OST-2011-0089); between Detroit, Michigan, and Monterrey, Mexico. (See Notice of Action Taken, 

dated May 4, 2011, in Docket DOT-OST-2011-0089); between points in the United States and points in Belize (See

Notice of Action Taken, dated May 13, 2010, in Docket DOT-OST-2006-25018); and between points in the United 

States and points in the Dominican Republic (See Notice of Action Taken, dated June 3, 2011, in Docket DOT-OST2006-24591).

- Blanket route integration authority (See Order 2010-12-24).

- Statements of authorization permitting it to display the designator code of Czech Airlines; KLM Royal Dutch 

Airlines; C.A.I. Compagnia Aerea Italiana S.p.A.; China Eastern Airlines Corporation Ltd.; Aerolineas Agentinass 

S.A.; and Aerovias de Mexico, S.A. de C.V.; on certain flights it operates within the United States (in conjunction with 

services in foreign air transportation) and between the United States and third countries.

2 ASA supplemented its application with additional information on January 3, 2012.
2

aware of the proposed merger between the air carriers and concluded that ASA would remain fit 

to conduct operations following the merger.3 Post merger, ASA states that it will continue to 

perform some of its operations using the names “ASA,” “Atlantic Southeast Airlines,” and 

“Atlantic Southeast Airlines, Inc.,” and therefore wishes to register these names as additional 

trade names for use in the air carrier’s operations.4 

Part 215 of the Department’s regulations provides that any air carrier wishing to change its name 

must first register that name with the Department. The rule further states that the Department 

may register such name after the air carrier gives notification to similarly named air carriers of 

the proposed use of the name. In this case, we identified no similarly named air carriers, other 

than “old ExpressJet,” which as previously noted, will cease to provide operations upon its 

merger with ASA. Regarding the air carrier’s request to register the trade name “Atlantic 

Southeast Airlines, Inc.,” we find that potential public confusion could exist concerning the 

corporate entity responsible for operations if ASA were to register an additional trade name 

containing a corporate suffix. Therefore we will deny registration of the trade name “Atlantic 

Southeast Airlines, Inc.”

Since ASA complied with the requirements of Part 215, on December 27, 2011, we orally 

approved the application in Docket DOT-OST-2011-0232 and registered the additional trade 

names “ASA” and “Atlantic Southeast Airlines” for use in the air carrier’s operations.5 By this 

order, we confirm our oral action and reissue ASA’s certificates in the name of “ExpressJet 

Airlines, Inc. 

ACCORDINGLY, Pursuant to authority assigned by the Department in its regulations, 

14 CFR 385.12:

1. We confirm our oral action of December 27, 2011, approving the name change of Atlantic 

Southeast Airlines, Inc., to ExpressJet Airlines, Inc., and registering the trade names “ASA” and 

“Atlantic Southeast Airlines” for use by ExpressJet Airlines, Inc., in its operations.

2. We reissue in the name ExpressJet Airlines, Inc., the certificates of public convenience and 

necessity issued to Atlantic Southeast Airlines, Inc., by

(a) Order 98-7-6 authorizing the holder to engage in interstate scheduled air

transportation of persons, property, and mail;

(b) Order 2008-4-26 authorizing the holder to provide foreign air transportation of 

persons, property, and mail to all of our foreign aviation partners that have entered into 

an open-skies agreement with the United States where that agreement is being applied;

 

3 See Order 2011-12-11 at 4, fn. 17.

4 The air carrier has previously registered and will continue to use the trade names “Continental Connection,” 

“Continental Express,” “Delta Connection,” “United Express,” and “ExpressJet” in certain of its operations.

5 Since ASA’s request to change its name to “ExpressJet Airlines, Inc.” would result in two air carriers having an 

identical name, the Department found that there was a potential for public confusion. Therefore, the Department 

noted our oral action on the subject application would not become effective until old ExpressJet ceased operations. 

On January 3, 2012, ASA provided additional information in a supplemental filing evidencing that the merger was

completed on January 1, 2012, and that old ExpressJet ceased operations that same day. 
3

(c) Order 2010-12-24, granting the holder blanket route integration authority.6

3. We will serve a copy of this order on the persons listed in Attachment D. 

Persons entitled to petition the Department for review of this order under the Department’s 

Regulations, 14 CFR 385.30, may file their petitions within 10 days of this service date of this 

order. 

This action taken by this order is effective immediately 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 Wide Web at

http://www.regulations.gov

 

6 We consider the other authorities contained in footnote 1 above also to be reissued to reflect the effective date 

and name change. The exemption and other economic authority issued to ASA will be reissued in the air carrier’s 

new name if and when each is renewed.
Certificate of Public Convenience and Necessity

for

Interstate Air Transportation

(as reissued) 

This Certifies That

EXPRESSJET AIRLINES, INC.

is authorized, subject to the provisions of Subtitle VII of Title 49 of United 

States Code, the orders, rules, and regulations issued thereunder, and the 

attached Terms, Conditions, and Limitations, to engage in interstate air 

transportation of persons, property, and mail.

This Certificate is not transferable without the approval of the Department of 

Transportation.

By Direction of the Secretary

Issued by Order 2012-1-3 Todd M. Homan

On January 9, 2012 Director 

Effective on January 1, 2012 Office of Aviation Analysis
Attachment A

*As reissued by Order 2012-1-3

Terms, Conditions, and Limitations

ExpressJet Airlines, Inc.

is authorized to engage in interstate 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 only 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. Failure 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 authorized to conduct charter flights in interstate and/or foreign air 

transportation in accordance with the provisions of 14 CFR 212. 

(6) The holder may reduce or terminate service at any point or between any two points, subject to 

compliance with the provisions of 49 U.S.C. 41734 and all orders and regulations issued by the 

Department of Transportation under that section.

(7) The holder may not provide scheduled passenger air transportation to or from Dallas (Love 

Field), Texas, except within the limits set forth in section 29 of the International Air Transportation 

 

∗ This certificate is being reissued to reflect the change in the holder’s corporate name from Atlantic Southeast 

Airlines, Inc., to ExpressJet Airlines, Inc.

∗∗ To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before 

commencing 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

Competition Act of 1979, as amended or as modified by any future legislation addressing access 

restrictions to or from Love Field.

(8) Should the holder propose any substantial change in its ownership, management, or operations 

(as defined in 14 CFR 204.2(l)), it must first comply with the requirements of 14 CFR 204.5.

(9) In the event that the holder commences but subsequently ceases all operations for which it was 

found “fit, willing and able,” its authority under this certificate 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. Moreover, if the holder does not resume 

operations within one year of its cessation, its authority shall be revoked for dormancy.
Certificate of Public Convenience and Necessity for

Foreign Air Transportation

(as reissued)

Route 878

This Certifies That

EXPRESSJET AIRLINES, INC.

is authorized, subject to the provisions of Subtitle VII of Title 49 of the United 

States Code, the orders, rules, and regulations issued thereunder, and the 

attached Terms, Conditions, and Limitations, to engage in foreign air 

transportation of persons, property, and mail.

This Certificate is not transferable without the approval of the Department of 

Transportation.

By Direction of the Secretary

Issued by Order 2012-1-3 Todd M. Homan

On January 9, 2012 Director 

Effective on January 1, 2012 Office of Aviation Analysis
Attachment B ∗As reissued by Order 2012-1-3

Terms, Conditions, and Limitations

ExpressJet Airlines, Inc., for Route 878

is authorized to engage in scheduled foreign air transportation of persons, property, and mail between 

the United States and:1 2

 

∗ This certificate is being reissued to reflect the change in the holder’s corporate name from Atlantic Southeast 

Airlines, Inc., to ExpressJet Airlines, Inc.

1 The authority granted here to serve between the United States and the listed open-skies partners includes authority to 

operate via the United States and intermediate points to a point or points within the places identified, and beyond, to the 

extent the applicable aviation agreement grants such rights.

2 This list, as of January 1, 2012, identifies all current open-skies partners, that is (1) aviation partners with whom the 

United States has an open-skies agreement that is currently being applied and (2) aviation partners that are a signatory to 

the MALIAT. All future open-skies partners shall be included in the air carrier’s certificate authority without the need for 

further action by the Department or the air carrier. The Department’s Office of International Aviation maintains a list at the 

following Internet website: http://ostpxweb.dot.gov/aviation/international/agreementsbeingapplied.htm. The holder shall be 

responsible for operating at all times in compliance with the list maintained by the Department.

3 This does not apply to UK dependencies.

Albania

Armenia

Aruba 

Australia

Austria 

Bahrain 

Barbados

Belgium

Bosnia-Herzegovina

Bulgaria

Burkina Faso

Cameroon

Canada

Cape Verde 

Chad

Costa Rica 

Cyprus

Czech Republic 

Denmark 

El Salvador 

Estonia

Ethiopia 

Finland 

France

Gabon

The Gambia

Germany

Ghana

Georgia

Greece

Guatemala

Honduras

Hungary

Iceland 

India

Indonesia 

Ireland

Israel

Italy 

Jamaica 

Japan

Jordan 

Kenya

Korea, Republic of 

Kuwait

Laos

Latvia

Liberia

Lithuania

Luxembourg

Macedonia

Madagascar

Malaysia

Maldives

Mali

Malta 

Montenegro

Morocco 

Namibia

Netherlands 

Netherlands Antilles 

Nicaragua

Nigeria 

Norway 

Oman 

Pakistan 

Panama 

Paraguay

Peru 

Poland 

Portugal 

Qatar

Romania 

Rwanda

Saint Christopher and 

Nevis

Senegal 

Slovak Republic

Slovenia

Spain

Sri Lanka

Sweden

Switzerland 

Taiwan

Tanzania 

Thailand

Trinidad and Tobago

Turkey

Uganda 

United Arab Emirates

United Kingdom3

Uruguay

Uzbekistan

Zambia

MALIAT Membership

Brunei Darussalam

Chile 

Cook Islands

Mongolia (cargo-only)

New Zealand

Samoa

Singapore

Tonga

Cargo Open-Skies Only 

Argentina

Vietnam
2

This authority is subject to the following conditions: 

(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 shall at all times conduct its operations in accordance with all treaties and 

agreements between the United States and its foreign aviation partners, and the exercise of the 

privileges granted by this certificate is subject to compliance with such treaties and agreements and 

with any order of the Department of Transportation issued under them. To the extent that the holder 

has authority to serve more than one foreign aviation partner or points in more than one foreign 

aviation partner on the same route, that authority does not confer upon the holder any additional 

rights (including fifth-freedom intermediate and/or beyond rights) in limited-entry markets unless the 

Department has completed any necessary carrier selection procedures to determine which carrier(s) 

should be authorized to exercise such rights and has notified the foreign aviation partner(s) involved 

that any such selected carrier(s) has the required authority. In such cases, the fact that the carrier may 

hold authority to serve the foreign aviation partner at issue on the same segment will not be 

considered as providing any preference to the holder in a carrier selection proceeding. 

(3) The exercise of the authority granted here is subject to the holder’s first obtaining from the 

appropriate foreign governments such operating rights as may be necessary. 

(4) The holder’s authority to serve an open-skies partner under this certificate is effective as long 

as that open-skies agreement is being applied. If an open-skies agreement has been terminated or is no 

longer being applied, the holder’s authority under this certificate to serve that open-skies partner will 

terminate in accordance with the following procedures. The Department will issue a Notice and 

provide official notice in the Federal Register announcing its decision to remove an open-skies partner 

from the list of open-skies aviation agreements maintained by the Department. The holder’s authority 

under this certificate to serve the named open-skies partner(s) will terminate 120 days after the 

publication date of the Notice. The holder may file an application for exemption authority to continue 

service to that foreign aviation partner after the termination date. 

(5) The holder’s authority under this certificate is effective only to the extent that such operations 

comply with all applicable requirements of the Federal Aviation Administration, Transportation 

Security Administration, and with all applicable U.S. Government requirements concerning security, 

including, but not limited to, 40 CFR Part 1544. To assure compliance with all applicable U.S. 

Government requirements concerning security, the holder shall, before commencing 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. 

(6) The holder shall at all times remain a “Citizen of the United States” as required by 49 U.S.C. 

40102(a)(15). 

(7) The holder shall maintain in effect liability insurance coverage as required under 14 CFR Part 

205. Failure to maintain such insurance coverage will render a certificate ineffective, and this or other 
3

failure to comply with the provisions of Subtitle VII of 49 U.S.C. or the Department’s regulations shall 

be sufficient grounds to revoke this certificate. 

(8) Should the holder propose any substantial changes in its ownership, management, or 

operations (as that term is defined in 14 CFR 204.2(l)), it must first comply with the requirements of 

14 CFR 204.5. 

(9) In the event that the holder ceases all operations for which it was found “fit, willing, and able,” 

its authority under this certificate 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 determined 

by the Department.
Certificate of Public

Convenience and Necessity

for 

 

Blanket Route Integration

(as reissued)

 

This Certifies That

EXPRESSJET AIRLINES, INC. 

is authorized, subject to the provisions of Subtitle VII of Title 49 of United States 

Code, the orders, rules, and regulations issued thereunder, and the attached Terms, 

Conditions, and Limitations, to integrate authority it currently holds or that may be 

granted to it during the term of this certificate, whether under 49 U.S.C. §§ 40109 or 

41102, to engage in foreign air transportation of persons, property, and mail.

This certificate is not transferable without the approval of the Department of the 

Transportation.

 By Direction of the Secretary

Issued by Order 2012-1-3 Todd M. Homan

On January 9, 2012 Director

Effective on January 1, 2012 Office of Aviation Analysis
Attachment C ∗As reissued by Order 2012-1-3

is currently authorized to engage in foreign air transportation of persons, property, and mail in 

accordance with authority granted to the air carrier by the Department of Transportation under 

49 U.S.C. §§ 40109 and 41102, and all terms, conditions, and limitations attached to such authority. 

With respect to all such authority currently held by the air carrier involving any points named on its 

existing certificates of public convenience and necessity and its existing exemptions and, unless 

otherwise provided, any future grants of authority issued under 49 U.S.C. §§ 40109 and 41102, the air 

carrier is authorized to integrate all such authority, subject to the following conditions. 

(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 shall at all times conduct its operations in accordance with all treaties and 

agreements between the United States and other countries, and the exercise of the privileges granted 

by this certificate is subject to compliance with such treaties and agreements and with any order of the 

Department of Transportation issued under them. 

(3) The exercise of the authority granted here is subject to the holder first obtaining from the 

appropriate foreign governments such operating rights as may be necessary. 

(4) Comply with all applicable requirements of the Federal Aviation Administration, the 

Transportation Security Administration, and with all applicable U.S. Government requirements 

concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with all 

applicable U.S. Government requirements concerning security, the holder shall, before commencing 

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. 

(5) The holder shall at all times remain a “citizen of the United States” as required by 49 U.S.C. 

40102(a)(15). 

(6) The holder shall maintain in effect liability insurance coverage as required under 14 CFR Part 

205. Failure to maintain such insurance coverage will render a certificate ineffective, and this or other 

failure to comply with the provisions of Subtitle VII of 49 U.S.C. or the Department’s regulations shall 

be sufficient grounds to revoke this certificate. 

 

∗ This certificate is being reissued to reflect the change in the holder’s corporate name from Atlantic Southeast 

Airlines, Inc., to ExpressJet Airlines, Inc.

Terms, Conditions, and Limitations

ExpressJet Airlines, Inc. 
2

(7) Where the holder’s certificate or exemption authority is limited to cargo only, the holder is not 

authorized to carry passengers (other than cargo attendants accompanying the freight shipments). 

(8) Should the holder propose any substantial changes in its ownership, management, or 

operations (as that term is defined in 14 CFR 204.2(l)), it must first comply with the requirements of 

14 CFR 204.5. 

(9) In the event that the holder ceases all operations for which it was found fit, willing, and able, 

its authority under this certificate 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. 

(10) The holder may combine services authorized by this certificate with all services authorized by 

other Department of Transportation certificates or exemptions; provided that such operations are in 

compliance with the provisions of all applicable bilateral aviation agreements, and provided further 

that (a) nothing in the award of the blanket route integration authority requested should be construed 

as conferring upon the holder additional rights (including fifth-freedom intermediate and/or beyond 

rights) to serve markets where U.S. carrier entry is limited unless the holder first notifies the 

Department of its intent to serve such a market and unless and until the Department has completed any 

necessary carrier selection procedures to determine which carrier(s) should be authorized to exercise 

such rights; and (b) should there be a request by any carrier to use the limited-entry route rights that 

are included in this certificate by virtue of the blanket route integration authority granted here, but 

that are not then being used by the holder, the holding of such authority by route integration will not 

be construed as providing any preference for the holder in a competitive carrier selection proceeding 

to determine which carrier(s) should be entitled to use the authority at issue.
ATTACHMENT D

SERVICE LIST

GERALD F MURPHY

CROWELL & MORING LLP

1001 PENNSYLVANIA AVE NW

WASHINGTON DC 20004

PETER LYNCH

ASST CHIEF COUNSEL 

FOR ENFORCEMENT (AGC-300)

FEDERAL AVIATION ADMINISTRATION

800 INDEPENDENCE AVE SW

WASHINGTON DC 20591

JON LINDLIEF

DIRECTOR-PLANNING & DEVELOPMENT

EXPRESSJET AIRLINES, INC.

100 HARTSFIELD CENTRE SUITE 700

ATLANTA GA 30354

TODD EMERSON

GENERAL COUNSEL

SKY WEST AIRLINES INC

444 SOUTH RIVER ROAD

SAINT GEORGE UTAH 84790

WILLIAM J WEBER (AFS-900)

CERTIFICATION SECTION MANAGER 

FEDERAL AVIATION ADMINISTRATION

45005 AVIATION DRIVE SUITE 131 

DULLES VA 20166

OFFICE OF AIRLINE INFORMATION

DOT/RSPA/BTS E-36

1200 NEW JERSEY AVE SE

WASHINGTON DC 20590