BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

:

Application of :

:

EXPRESSJET AIRLINES, INC. : Docket DOT-OST-2004-17960

:

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

(Atlanta-Providenciales) :

:

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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 Avenue, NW

Washington, DC 20004-2595

(202) 624-2500

gmurphy@crowell.com

sseiden@crowell.com

Counsel for

ExpressJet Airlines, Inc.

September 6, 2013
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

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

:

Application of :

:

EXPRESSJET AIRLINES, INC. : Docket DOT-OST-2004-17960

:

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

(Atlanta-Providenciales) :

:

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

APPLICATION OF

EXPRESSJET AIRLINES, INC. 

FOR RENEWAL OF AN EXEMPTION

ExpressJet (f/k/a Atlantic Southeast)1applies 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 Providenciales, Turks and Caicos.

2

 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-Providenciales exemption authority was originally granted 

by Notice of Action Taken dated June 10, 2004, and most recently renewed by Notice of Action 

 

1 Common names are used for airlines. Effective January 1, 2012, ExpressJet 

Airlines, Inc. was acquired by and merged into Atlantic Southeast Airlines, Inc. The combined 

company also changed its name to “ExpressJet Airlines, Inc.” as of that date. 

2 By Order 2012-1-3, the Department reissued the certificates and other economic 

authority held by Atlantic Southeast, including the Atlanta-Providenciales exemption authority 

that is the subject of this renewal application, in the name of ExpressJet.
Renewal Application of ExpressJet

Page 2

Taken dated November 7, 2011, in this docket. Absent renewal, ExpressJet’s authority will 

expire on November 7, 2013. ExpressJet requests that its exemption be renewed for at least two 

additional years. 

2. Renewal of this exemption authority is clearly in the public interest as it will 

permit ExpressJet to continue to have the flexibility to operate Atlanta-Providenciales scheduled 

service as a Delta Connection carrier during certain peak and off-peak periods using either its 

76-seat CRJ-900 or 65-seat CRJ-700 aircraft. Granting this renewal application 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. 

3. ExpressJet remains fit, willing and able to perform the Atlanta-Providenciales 

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

previously filed with the Department 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 application.

 

3

See, e.g., Order 2012-1-3 at 1-2 (listing ExpressJet’s certificate, exemption, and

other operating authorities) and Notices of Action Taken dated June 19, 2013 in Docket 

DOT-OST-2013-0115 (Atlanta-Leon/Guanajuato) and April 25, 2013 in Docket DOT-OST2006-24591 (U.S.-Dominican Republic).