Order 02-3-14

Order 02-3-14

ExpressJet Airlines, Inc. d/b/a Continental Express

Order 02-3-14 OST-02-11708	Issued March 19, 2002 Served March 19, 2002	Order Disclaiming Jurisdiction and Reissuing Certificate	Reissuance of Certificate or in the Alternative Approval of Transfer or Operating Authority
		Attachment: Terms, Conditions and Limitations
		Service List

Based on our review of information supplied by ExpressJet in its application, we have decided to disclaim jurisdiction over the transfer of ExpressJet's certificates to Newco, and to reissue ExpressJet's certificates in Newco's name. We find that the proposed corporate reorganization will have no significant effect on the actual ownership, control, management, citizenship, financial condition, or operations of the carrier.' The FAA has advised us that ExpressJet's current operations are satisfactory and that that agency is aware of the carrier's restructuring plans. In similar circumstances in the past, the Department has disclaimed jurisdiction based on the conclusion that such corporate reorganizations were found not to be transfers within the meaning of section 41105 of the Statute. We reach that same conclusion here.

By: Randall Bennett

ExpressJet Airlines, Inc. d/b/a Continental Express

Order 02-3-14
OST-02-11708

Issued March 19, 2002
Served March 22, 2002

Order Disclaiming Jurisdiction and Reissuing Certificate
*Erratum

Reissuance of Certificate or in the Alternative Approval of Transfer or Operating Authority

In issuing Order 2002-3-14, we inadvertently failed to include a footnote in ordering paragraph 1 verifying that, in addition to transferring and reissuing the interstate scheduled passenger certificate of ExpressJet Airlines Inc. d/b/a Continental Express to New ExpressJet Airlines, Inc. d/b/a Continental Express, we considered all designation and code-share authority set out in footnote 2 to the order to be transferred and reissued as well. Therefore, ordering paragraph 1 to Order 2002-3-14 is changed to read:

1. We disclaim jurisdiction over the transfer of the section 41102 interstate scheduled air transportation certificate issued to ExpressJet Airlines, Inc. d1bla Continental Express by Order 2001-8-23 to New ExpressJet Airlines, Inc. d/b/a Continental Express, and reissue that certificate in the name of New Express Jet Airlines, Inc. d/b/a Continental Express.

Footnote 6 to ordering paragraph 2 in the order is hereby renumbered as footnote 7.

By: Randall Bennett