UNITED STATES OF AMERICA

DEPAR TMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on January 5, 2010

NOTICE OF ACTION TAKEN -- DOCKET DOT-OST-2009-0342

_____________________________________________________________________________________________________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order w ill be issued in this matter).

Application of JETBLUE AIRWAYS CORPORATION (JETBLUE) filed 12/14/09 , as amended, for:

XX Exemption under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, pr operty, and mail between a point or points in the United States and a point or points in the Dominican Republic. 1

Applicant rep: Jonathan B. Hill (202) 776-2000 DOT Analyst: Brett D. Kruger (202) 366-8025

D I S P O S I T I O N

XX Granted (subject to conditions, see below)

The above action was effective when taken: January 5, 2010 , through January 5, 2012

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and the Dominican Republic of 1986 and the overall state of aviation rel ations between the United States and the Dominican Republic

.

Except to the extent exempted or waived, this authorit y is subject to the terms, conditions, and limitations

indicated: XX Holder’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

_____________________________________________________________________________________ On the basis of data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regul ations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of th e authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To the extent not granted, we denied all requests in the referenced Docket. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our

discretion.

1 JetBlue currently holds consolidated certificate authority to provide scheduled combination service between New York and Puerto Plata, Dominican Republic, and between the United States, on the one hand, and Santo Domingo and Santiago, Dominican Republic, on the other hand ( see Order 2009-9-4, issued September 9, 2009, in Docket DOT-OST2005-22228). In its application, JetBlue requested that the authority requested here, if granted, be added to its

consolidated certificate. We w ill handle that request separately.Persons entitled to petition the Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions with in seven (7) days after the date of

issuance of this Notice. This action was effective when taken, and the filing of a petition for review will not

alter such effectiveness.

An electronic version of th is document is available on the World Wide Web at: http://www.regulations.gov

### Attachment

U.S. Carrier Exemption Conditions

In the conduct of the operations authorize d, the U.S. carrier applicant(s) shall:

(1) Hold at all times effective operating author ity from the government of each country served;

(2) Comply with applicable requirements c oncerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements fo r reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insura nce coverage, and for certifying that coverage to the Department, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all applicable requirement s of the Federal Aviati on Administration, the Transportation Security Administ ration, and with all ap plicable U.S. Government requirements concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government requirements concer ning security, the holder shall, before commencing any new service (including charter fli ghts) to or from a foreign airpor t, contact its Principal Security Inspector (PSI) to advise the PSI of its plans a nd to find out whether the Transportation Security

Administration has determined that security is adequate to allow such airport(s) to be served;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as may be prescribed by the Department of Transportation, with all applicab le orders and regulations of other U.S. agencies and courts, a nd with all applicable laws of the United States.

The authority granted shall be e ffective only during the period wh en the holder is in compliance with the conditions imposed above.

1/2008