This consent order is the result of an investigation by the Office of Aviation Enforcement and Proceedings (Enforcement Office) of the August 8, 2009, tarmac delay incident at Rochester International Airport (RST) involving Continental Airlines, Inc. (Continental) and its Continental Express flight 2816, operated by ExpressJet Airlines, Inc. (ExpressJet). The ExpressJet operated flight was diverted to Rochester because weather precluded landing at the destination airportMinneapolis/St. Paul International Airport. The investigation revealed the failure of ExpressJet to follow its and Continental's procedures pertaining to lengthy ground delays in violation of 49 U.S.c. § 41712 which prohibits air carriers from engaging in unfair and deceptive practices in air transportation. ExpressJet is an air carrier as defined by 49 U.S.c. § 40102(a)(2), I which subjects it to the prohibitions against unfair and deceptive practices in air transportation contained in 49 U.S.C. § 41712. The order directs ExpressJet to cease and desist from future similar violations of section 41712 and assesses the carrier $50,000 in civil penalties.