UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on April 12 , 20 1 2

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 200 6

- 25018

______________________________________________________________________________ ____________ ___________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming or der will be issued in this matter).

Application of EXPRESSJET AIRLINES, INC

. (ExpressJet) 1 filed 3/7/12 for:

XX Renewal of e xemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between points in the United

States and Belize

. 2

Applicant rep : Gerald F. Murphy (202) 508

- 8855

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 granting exemption authority was effective when taken: April 12 , 201 2 through April

12 , 2013

, or until 90 days after final Department action on ExpressJet’s application for a certificate of public convenience and necessity in Docket DOT

- OS T

- 2005

- 22228, whichever occurs earlier.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the U.S.

- U.K. Air Services Agreement of 1977, as

amended.

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 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 concernin g 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

1 The authority for which renewal is being sought in this application was issued in the name of Atlantic Southeast
Airlines, Inc. On December 20, 2011, A tlantic S outheast A irlines, Inc. filed an application in Docket DOT

- OST

2011

- 0232 requesting reissuance of its certificat es and other economic authorities in the name “ExpressJet Airlines,

Inc.” On January 9, 2012, DOT granted that request. Order 2012

- 1

- 3.

2 ExpressJet states that although it is not presently operating on the route, it continues to provide service as a Delta

Connection carrier to various Caribbean destinations and that renewal of the present authority will give it the flexibility to resume U.S.

- Belize operations as warranted

.carr ier 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 establishe d in its contract of carriage with the passenger; and that the passenger liability of the operating carrier be unaffected.
(b) The authority granted here is specifically conditioned so that neither ExpressJet nor its code

- share partner(s) shall give any f orce 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

Docket. We may amend, modify, or revoke the authority granted in this N otice 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

### ATTACHMENT U.S. Carrier Exemption Conditions

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 waive r 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, con tact 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 reaso nable 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 Stat es.

The authority granted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

1/2008