UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION 

 OFFICE OF THE SECRETARY 

 WASHINGTON, DC

 Issued by the Department of Transportation on May 15, 2015

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2013-0115

This serves as notice to the public of the action described below, taken by the Department official

indicated (no additional confirming order will be issued in this matter).

Application of EXPRESSJET AIRLINES, INC. (ExpressJet) filed 4/20/15 for:

XX Renewal of exemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between Atlanta, Georgia, 

and Leon/Guanajuato, Mexico.

1

Applicant representatives: Gerald F. Murphy and Steven J. Seiden (202) 624-2500

DOT Analyst: Darren Jaffe (202) 366-2512

D I S P O S I T I O N 

XX Granted (subject to conditions, see below)

The above action was effective when taken: May 15, 2015, through May 15, 2017.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United 

States and Mexico.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and

limitations indicated:

XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

Conditions: The U.S.-Mexico exemption authority granted is subject to the dormancy notice 

requirements set forth in condition 7 of Appendix A of Order 88-10-2.

The code-share operations conducted under this authorization are subject to the following 

conditions:

(a) The code-share operations conducted under this authority must comply with 14 CFR 257 and with

any amendment to the Department’s regulations concerning code-share arrangements that may be

adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is

expressly conditioned upon the requirements that the subject foreign air transportation be sold in

the name of the carrier holding out such service in computer reservation systems and elsewhere;

that the carrier selling such transportation (i.e., the carrier shown on the ticket) accept

responsibility for the entirety of the code-share journey for all obligations established in its

contract of carriage with the passenger; and that the passenger liability of the operating carrier be

unaffected.

 1 ExpressJet operates scheduled Atlanta-Leon/Guanajuato service as a Delta Connection carrier, and displays the “DL” 

designator code of Delta Air Lines, Inc. (Delta). 
(b) The authority granted here is specifically conditioned so that neither ExpressJet nor Delta

shall give any force and effect to any contractual provisions between themselves that are 

contrary to these conditions.

On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the 

applicant qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our 

action was consistent with Department policy; (2) grant of the authority was consistent with the public 

interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy 

Policy and Conservation Act of 1975. To the extent not granted, we denied all requests in the referenced 

application. We may amend, modify, or revoke the authority granted in this Notice at any time without 

hearing at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the 

Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of 

issuance of this Notice. This action was effective when taken, and the filing of a petition for review will 

not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at:

http://www.regulations.gov
U.S. Carrier Exemption Conditions

ATTACHMENT

In the conduct of the operations authorized, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating authority from the government of each country served; 

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for

scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage 

to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply 

with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits 

and defenses;

(6) 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;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public 

interest as may be prescribed by the Department of Transportation, with all applicable orders and 

regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance 

with the conditions imposed above.

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