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OST-2002-11708 |
ExpressJet Airlines, Inc. d/b/a Continental Express
| OST-02-11708 | February 26, 2002 | Application for a Disclaimer of Jurisdiction and Reissuance of Certificate or in the Alternative Approval of Transfer or Operating Authority | Reissuance of Certificate or in the Alternative Approval of Transfer or Operating Authority |
ExpressJet's corporate reorganization and transfer of assets to NewCo will have no change in the management, personnel, equipment, or operations of the airline. NewCo will retain all of ExpressJet's current personnel, equipment and operations. ExpressJet's current airline management personnel will continue to manage the operations of NewCo and retain their existing duties. There will be no effect on the ownership and control of the airline by virtue of dropping the airline into a new wholly-owned subsidiary of ExpressJet, which ExpressJet will continue to own after the reorganization, except as described below.
The Department also deemed the following U.S.-Mexico designation and code-share authority reissued to ExpressJet: Houston-Zacatecas (approved March 21, 2001, undocketed); Houston-Leon (approved September 13, 2000, undocketed); Houston-Monterrey/Guadalajara (approved June 15, 2000, undocketed); Houston-Ixtapa/Zihuatanejo (approved April 25, 2000, undocketed); Houston-San Luis Potosi/Aguascalientes/Puebla (approved February 1, 2000, undocketed); Houston-Mazatlan (approved January 6, 2000, undocketed); HoustonChihuahua/Saltillo/Torreon (approved April 1, 1999, undocketed); and Houston-Tampico (approved January 14, 1998, undocketed). Order 2001-8-23 at n.2. ExpressJet temporarily suspended Houston-Leon/Guadalajara service in the wake of the events of September 11 and has requested a waiver of the dormancy condition applicable to its designation by letter dated October 4, 2001. ExpressJet terminated Houston-Puebla service on January 13, 2002 and will be terminating its Houston-Zacatecas service on March 1. ExpressJet will formally notify the Department of the termination of its Houston-Zacatecas service by a separate letter.
Counsel: Crowell Moring, Bruce Keiner, 202.624.2500, rbkeiner@crowell.com
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.
By: Randall Bennett
ExpressJet Airlines, Inc. d/b/a Continental Express
| OST-02-11708 | April 2, 2002 | Re: Closing Date for Transfer of Assets | Reissuance of Certificate or in the Alternative Approval of Transfer or Operating Authority |
As directed by Order 2002-3-14, New ExpressJet Airlines, Inc. notifies the Department that the closing date for the transfer of assets from ExpressJet Airlines to New ExpressJet is scheduled for April 16, 2002. Please reissue New ExpressJet's certificate to reflect an effective date of April 16 and the name "ExpressJet Airlines, Inc. d/b/a Continental Airlines."
Counsel: Continental and Crowell Moring, Lorraine Halloway, 202.624.2500
Expressjet Airlines, Inc. d/b/a Continental Express
| OST-02-11708 | April 8, 2002 Docketed April 9, 2002 |
Amended Notice | Subpart B- Disclaimer of Jurisdiction/ Reissuance of Certificate/Approval of a Transfer of Operating Authority |
Amended Notice of New ExpressJet Airlines, Inc. notifying the Department that the closing date for the transfer of assets is scheduled for April 16, 2002.
Counsel: Crowell Moring, Bruce Keiner, 202.624.2500
ExpressJet Airlines, Inc. d/b/a Continental Express
| Order 02-4-08 OST-02-11708 |
Issued April 11, 2002 Served April 12, 2002 |
Order Reissuing Certificate | Subpart B - Disclaimer of Jurisdiction/Reissuance of Certificate/Approval of a Transfer of Operating Authority |
| Attachments: Certificates | |||
| Service List |
By Order 2002-3-14, issued March 19, 2002, we transferred
the certificate and other operating authorities of ExpressJet to Newco. The
transfer was in connection with a corporate reorganization in which the assets,
liabilities, and operations of ExpressJet were to be transferred to Newco. The
transferred authority was to become effective upon the completion of the
transfer of the assets, liabilities and operations of ExpressJet to Newco, at
which time Newco would also drop the "New" from its corporate name and
reassume the original ExpressJet Airlines, Inc. d/b/a Continental Express name.
The authorities at issue include a certificate authorizing interstate scheduled passenger air transportation of persons, property, and mail, as well as the following U.S.-Mexico designation and code-share authority: Houston-Veracruz (approved December 18, 2001, undocketed); Houston-Leon (approved September 13, 2000, undocketed); Houston Monterrey/Guadalajara (approved June 15, 2000, undocketed); Houston-Ixtapa/Zihuatanejo (approved April 25, 2000, undocketed); Houston-San Luis Potosi/Aguascalientm (approved February 1, 2000, undocketed); Houston-Mazatlan (approved January 6, 2000, undocketed); Houston-Chihuahua/Saltillo/Torreon (approved April 1, 1999, undocketed); and Houston-Tampico (approved January 14, 1998, undocketed).
By: Randall Bennett
OST-2002-11708 - Trade Name
Served November 2, 2006
Notice of Registration of Trade Name
On October 18, 2006, ExpressJet Airlines, Inc. d/b/a Continental Express, a certificated air carrier, requested that the Department register the trade name, "ExpressJet Corporate Aviation" for use in its certificated air carrier operations.
By Order 2002-4-8, issued on April 12, 2002, ExpressJet Airlines, Inc. d/b/a Continental Express was reissued an effective certificate of public convenience and necessity authorizing interstate air transportation of persons, property, and mail. ExpressJet previously registered the trade name Continental Express and continues to use the trade name in certain of its operations.
As required by Part 215 of the Department's regulations, any air carrier wishing to use an alternative trade name must first register that name with the Department. The rule further states that the Department may register such trade name after the air carrier gives notification to similarly named carriers of the proposed use of the trade name. In this case, there are no other similarly named air carriers.
Since ExpressJet has complied with the requirements of Part 215, we acknowledge the registration of the trade name "ExpressJet Corporate Aviation" by ExpressJet for use in its operations.
By: Todd Homan
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