U.S. Department of Transportation Office of the Secretary of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

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Application of JetBlue Airways Corporation ( JetBlue ) for a n amended

b lanket Statement of Authorization to permit JetBlue to display the “ SA ” designator code of South African Airways (SAA) on flights operated by JetBlue between SAA’s authorized U.S. gateways and points beyond the United States serve d by JetBlue

. 1 2
(filed April 3, 2012 )

Ap proved under assigned authority (14 CFR §385.13). 3

Date of Action: April 26 , 20 1 2

This action is subject to the conditions attached ( see Attachment A). Persons entitled to pe tition the Department for review of this action under the Department’s regulations, 14 CFR §385.30, should file their petitions within seven days of the date of this action. This action is effective immediately, and the filing of a petition for review wil l not alter its effectiveness.

We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

An electronic version of this document is available on the World Wide Web at

htt

p://www.regulations.gov

1 JetBlue’s current statement of authorization permits JetBlue to display SAA’s designator code on flights operated by JetBlue between any points in the United States

. See Department ap proval dated February 18, 2011, in this docket.

2 See related application of SAA filed in Dockets DOT

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- 6555 and DOT

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- 6756 for amended exemption

authori ty. We are acting on that request concurrently.

3 We will grant, sua sponte, the applica nt a waiver of the 45

- day advance filing requirement under 14 CFR § 212.10(d)(2), as no party opposed the request.

### ATTACHMENT A

The statement of authorization is subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) JetBlue and SAA continue to hold the necessary underlying author ity to operate the code

- share services at issue, and (ii) the code

- share agreement providing for the code

- share operations remains in effect;

( b ) JetBlue and/or SAA must notify the Department no later than 30 days before they begin any new

code

- share ser vice under the code

- share services authorized here. Such notice shall identify the market(s) to be served and the date on which the service will begin. Such notices should be filed in

Docket DOT

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( c ) JetBlue and/or SAA must notify the D epartment immediately if the code

- share agreement under

which these code

- share services are operated is no longer in effect or if the carriers decide to cease operating all or a portion of the approved code

- share services. Such notices should be filed in Docket

DOT

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( d ) The code

- sharing operations conducted under this authority must comply with 14 CFR Part 257 and with any amendments to the Department's regulations concerning code

- share arrangements that may be adopted. Notwithstanding a ny 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 carrier 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 established in its contract of carriage with the passenger; and that the p assenger liability of the operating carrier be unaffected ;

(e) The authority to operate to third countries is subject to the condition that any service provided under the statement of authorization shall be consistent with all applicable agreements betwe en the United States and the foreign countries involved. Furthermore, (i) nothing in the award of this blanket statement of authorization should be construed as conferring upon JetBlue rights (including code

- share, fifth freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unless

JetBlue notifies the Department of its intent to serve such a market and unless and until the Department has completed any necessary carrier selection procedures to determine which carrie r(s) should be authorized to exercise such rights; and (ii) should there be a request by any carrier to use the limited

entry route rights that are included in the authority of JetBlue by virtue of the blanket statement of authorization granted here, but t hat are not then being used by JetBlue , the holding of such authority will not be considered as providing any preference for JetBlue in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issu e. 6

( f

) The authority granted here is specifically conditioned so that neither JetBlue nor SAA 

### shall give any force or effect to any contractual provisions between themselves that are contrary to these

conditions ; and

( g ) We may amend, modify, or revoke the authority granted at any time without hearing at our discretion.

4 JetBlue states that it plans to commence code

- share service between New York (JFK) and Cancun, Mexico, on or about May 1, 2012.

5 We expec t this notification to be received within 10 days of such non

- effectiveness or of such decision.

6 The notice in paragraph (b) above can be used for this notification.