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 Av enue, NW Washington, DC 20004

- 2595 (202) 624

- 2500 gmurphy@crowell.com
sseiden@crowell.com

Counsel for ExpressJet Airlines , Inc.

September 6, 2013BEFORE 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

- Prov idenciales ) :

:

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

APPLICATION OF
EXPRESSJET AIRLINES, INC.
FOR RENEWAL OF AN EXEMPTION

ExpressJet (f/k/a Atlantic Southeast) 1 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 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 Not ice of Acti on Taken dated June 10, 2004

, and most recently renewed by Notic e 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 Atl antic 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 fo r 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 d uring 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 r egional 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,

pursuan t 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 extensio n 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, 20 13 in Docket
DOT

- OST

- 2013

- 0115 (Atlanta

- Leon/Guanajuato) and April 25, 2013 in Docket DOT

- OST

2006

- 24591 (U.S.

- Dominican Republic).