Order 2012

- 1

- 3

Served: January 9, 2012

U N I T E D S

T A T E S O F A

M E R I C A D E P A R T M E N T O F T R A N S P O R T A T

I O N UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation

on the 9 th day of January

, 2012

Application of

ATLANTIC SOUTHEAST AIR LINES , INC.

for the reissuance of its cert ificate s of public convenience and necessity Docket DOT

- OST

- 20 11

- 0232

ORDER REISSUING CERTIFICATE S

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 , 20 11

, ASA filed an application in Docket DOT

- OST

- 20 11

- 0232 requesting

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

Airli nes
, 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, 201 2

, with ASA surviving the merger. Immediately following the merger, ASA intends t o t ransfer 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 intend s to tende r 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 Ca icos ( See Notice of Action Taken, dated November 7, 2011 , in Docket DOT

- OST

20 04

- 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

- OST

2006

- 24591).

- Blanket route integration authority ( See Order 2010

- 12

- 24).

- S tatements of authorization permitting it to display the designa tor 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 name s “ASA

, ” “ Atlantic Southeast Airlines

, ” and

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

trade name s 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 simi larly 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 p otential 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 Airl ines, 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 car rier’s operations. 5 By this

o rder

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

ACCORDINGLY , Pursuant to authority assigned by the Depart ment 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 ag reement 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 “ExpressJe t 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 20 10

- 12

- 2 4

, 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 orde r 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 effecti veness.

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 o ther 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 Convenienc e 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 thereund er, 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 Secre tary

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 reasonabl e 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 Aviati on 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 Subti tle 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 wit h 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 c ertificate 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

determin ed that security is adequate to allow such airport(s) to be served.2

Compet ition 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 dorma ncy.

# 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 C ode, 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 Depart ment 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, C onditions, 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 fr om 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 agreemen t 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

Bar bados 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

Icel and

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 Kingdom 3
Uruguay

Uzbekistan

Zambia

MALIAT Membership

Brunei Darussalam

Chile

Cook Islands Mongolia (cargo

- only)

New Zealand

Samoa Singapore Tonga

Cargo Open

- Skies Only Argentina

Vietnam2

This authority is subject t o 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 av iation 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 limi ted

- 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 car rier(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 proce eding.

(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 thi s 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 Depa rtment. 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 c ommencing 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 securit y 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 u nder 14 CFR Part 205. Failure to maintain such insurance coverage will render a certificate ineffective, and this or other3

failure to comply with the provisions of Subtitle VII of 49 U.S.C. or the Department’s regulations shall be sufficient grounds to rev oke 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 com ply 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

gr anted 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 Transpor tation.

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 certifi cates 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 fo llowing 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, condit ions, 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 t he 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 (in cluding 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. Failur e 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 fr om Atlantic Southeast Airlines, Inc., to ExpressJet A irlines, 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 i n its ownership, management, or operations (as that term is defined in 14 CFR 204.2(l)), it must first com ply 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,

i ts 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 s ervices 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 p rovided 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. c arrier 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 ho lder, 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.ATTACH MENT D

SERVICE LIST

GERALD F MURPHY

CROWELL & MORING LLP

1001 PENNSYLVANIA AV E 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

D IRECTOR

- 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 MANAG ER

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