### BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

Application of JETBLUE AIRWAYS CORPORATION Docket No. OST-2015- For an exemption under 49 U.S.C. § 40109 (U.S. — Anguilla, Dominica, the British Virgin Islands)

APPLICATION OF JETBLUE AIRWAYS CORPORATION FOR EXEMPTION AUTHORITY Communications with respect to this application should be addressed to: James G. Hnat Executive Vice President General Counsel & Government Affairs Robert C. Land Senior Vice President Government Affairs & Associate General Counsel Adam L. Schless Evelyn D. Sahr Jonathan T. Linde Drew M. Derco Eckert Seamans Cherin & Mellott, LLC 1717 Pennsylvania Ave., N.W. Twelfth Floor Washington, D.C. 20006 Tel: (202) 659-6600 Fax: (202) 659-6699 Director, Aircraft Transactions & International Counsel Counsel for JetBlue Airways Corporation JetBlue Airways Corporation 1212 New York Avenue Suite 1212 Washington, D.C. 20005 Tel: (202) 715-2557
May 27, 2015

NOTICE: JetBlue will be polling on this application.

### BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

) 

### Application of )

) 

### JETBLUE AIRWAYS CORPORATION ) ) Docket No. OST-2015- For an exemption under 49 U.S.C. § 40109 ) (U.S. — Anguilla, Dominica, the British Virgin ) Islands) )

APPLICATION OF JETBLUE AIRWAYS CORPORATION

FOR EXEMPTION AUTHORITY Pursuant to 49 U.S.C. § 40109 and Subpart C of the Department's Rules of Practice, JetBlue Airways Corporation (JetBlue) requests an exemption from 49 U.S.C. § 41101 authorizing it to provide scheduled combination service of persons, property and mail between any point in the U.S., on the one hand, and any point or points in Anguilla, Dominica, and the British Virgin Islands, on the other hand. JetBlue plans to initiate service between the United States and numerous Caribbean points by virtue of a codeshare agreement with Seaborne Airlines (Seaborne). 1 JetBlue requests that its exemption be granted for a period of at least two (2) years. JetBlue asks that the Department act promptly on its application so marketing of the service can begin as soon as possible.

1 Pursuant to this agreement, JetBlue's B6* designator code will be displayed solely on flights operated by Seaborne Airlines aircraft with fewer than 60 seats. Department regulations exempt such operations from the statement of authorization requirements of 14 C.F.R. Part 212. See 14 C.F.R. §§206.5, 212.1 and 298.11.JetBlue states as follows in support of this application: JetBlue and Seaborne are parties to a codeshare agreement under which JetBlue will place its B6* designator code on flights operated by Seaborne between San Juan, Puerto Rico on the one hand, and Anguilla, Dominica, the British Virgin Islands, Martinique, the Dominican Republic, Nevis, Guadeloupe, St. Kitts, the U.S. Virgin Islands of St. Thomas and St. Croix, and St. Maarten on the other hand, as well as between St. Thomas, U.S. Virgin Islands, and St. Croix. Seaborne will not place its BB* designator code on any flights operated by JetBlue. 2. JetBlue is a corporation organized under the laws of the state of Delaware with its principal place of business at 27-01 Queens Plaza North, Long Island City, NY 11101. 3. JetBlue is a citizen of the United States as that term is defined in 49 U.S.C. § 40102(a)(15). JetBlue's President and at least two-thirds of the members of its board of directors and managing officers are citizens of the United States, and at least 75 percent of JetBlue's voting stock is owned by citizens of the United States. 4. JetBlue holds a Certificate of Public Convenience and Necessity for Interstate Air Transportation 2 and a Certificate of Public Convenience and Necessity for Foreign Air Transportation. 3 In addition, the Department has issued authority to JetBlue permitting it to provide service between the United States and numerous other points in the Caribbean. 4 JetBlue is well qualified to provide the services proposed herein and

2 See Order 2000-2-7, February 4, 2000. 3 See Order 2007-7-3, May 7, 2007. 4 See Notice of Action Taken, Docket DOT-OST-2010-0228, September 28, 2010 (granting exemption authority to serve Turks & Caicos); Notice of Action Taken, Docket DOT-OST-2015-0019, February 11, 2015 (granting exemption authority to serve Grenada).respectfully requests the Department take official notice of all information contained in

these dockets and orders pursuant to Rule 24. 5. JetBlue's proposed Anguilla, Dominica, and the British Virgin Islands service is fully consistent with the Air Transport Agreement between the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America dated July 23, 1977, as amended (Bermuda II), which provides for codesharing.
6. JetBlue currently holds underlying exemption authority to serve theDominican Republic, pursuant to its Consolidated Route 894 Certificate for non-limitedentry, non-open-skies Caribbean markets, 5 St. Kitts 

### (i.e., Saint Christopher Island), Nevis, Martinique, Guadeloupe, and St. Maarten, pursuant to its Blanket Open-Skies Route Authority, 6 and the U.S. Virgin Islands of St. Thomas and St Croix, pursuant to the aforementioned Certificates of Public Convenience and Necessity. 7

7. Seaborne holds underlying economic authority necessary to serve the applicable routes 8 and is currently providing scheduled passenger service to 17 destinations throughout the Caribbean, including those at issue in this application, with its fleet of 10 aircraft, all of which are equipped with fewer than 60 seats.

Approval of this application will facilitate the introduction of new service between the United States and numerous Caribbean destinations. JetBlue already has a strong presence in the Caribbean market and the authority requested herein will provide

5 See Order 2014-6-13, served June 24, 2014.
6 See Order 2007-7-3, served July 10, 2007. ' See supra, Notes 2 and 3. $ Seaborne holds a certificate of public convenience and necessity reissued by Order 2000-7-3, July 10, 2000.greater numbers of the traveling public with access to JetBlue's award-winning customer

service. The addition of this service is clearly in the public interest.
9. Approval of this Application is also consistent with long-standing precedent and Department policy. The Department has consistently permitted carriers to implement various codeshare/block space arrangements where those arrangements were pro-competitive and in the public interest. There is no question that this Application satisfies that standard, as it will enable JetBlue and Seaborne to offer an enhanced network and more services to their customers. 10. JetBlue will conduct its code-sharing activities in compliance with Part 257 of the Department's economic regulations and any other applicable rules and regulations. JetBlue accepts the Department's standard conditions on code-sharing
services. 11. This application will have no effect on JetBlue's Civil Reserve Air Fleet commitments and approval of this application will not result in the near-term consumption of ten (10) million or more gallons of fuel. WHEREFORE, JetBlue respectfully requests that the Department issue an exemption authorizing it to hold out scheduled combination service of persons, property and mail between any point in the U.S., on the one hand, and any point or points in Anguilla, Dominica, and the British Virgin Islands, on the other hand; to designateJetBlue to serve Anguilla, Dominica, and the British Virgin Islands; and grant such other

or further relief as the Department deems appropriate and consistent with the public interest.

Respectfully submitted,



# ~ /P MO Evelyn D. Sahr Jonathan T. Linde Drew M. Derco Eckert Seamans Cherin & Mellott, LLC 1717 Pennsylvania Avenue, N.W. Twelfth Floor Washington, D.C. 20006 Tel: (202) 659-6622 Fax: (202) 659-6699
May 27, 2015 Counsel for JetBlue Airways Corporation

### CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing Application of JetBlue Airways Corporation for an Exemption was served by electronic mail this 27th day of May 2015 on the following: robert.wirick@aa.com American Airlines howard.kass@aa.com abigail.donovan aa.com sascha.vanderbellen@delta.com Delta Air Lines chris.walker delta.com gmurphy@crowell.com United Airlines sseiden@crowell.com dan.weiss@united.com steve.morrissey united.com bob.kneisley@wnco.com Southwest Airlines leslie.abbott wnco.com matwood@cozen.com Frontier Airlines SLachter cozen.com dkirstein@yklaw.com Spirit Airlines jyoung@yklaw.com thomas.ting@suncountry.com Sun Country Airlines john.fredericksen suncountry.com jrichardson@johnlrichardson.com Amerijet International j canny amerij et. com cristinasa state.gov john.s.duncan faa.gov robert.finamore dot.gov brett.kruger dot.gov brian.hedberg dot.gov darren.jaffe dot.gov reese.davidson dot.gov

D e r M. Derco