BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C.

 

 ) 

Joint Application of ) 

 ) 

JetBlue Airways Corporation ) Docket OST-2015-_____________ 

 ) 

and ) 

 ) 

Royal Air Maroc ) 

For a Statement of Authorization ) 

Pursuant to 14 C.F.R. Part 212 Code-sharing and ) 

an Exemption Pursuant to 49 U.S.C. § 40109 ) 

(United States-Morroco blanket codesharing ) 

JOINT APPLICATION 

OF JETBLUE AIRWAYS CORPORATION AND ROYAL AIR MAROC FOR A 

BLANKET STATEMENT OF AUTHORIZATION AND AN EXEMPTION 

Communications with respect to this document should be directed to: 

Don H. Hainbach 

Garofalo Goerlich Hainbach PC 

1200 New Hampshire Avenue NW 

Washington, DC 20036-6802 

dhainbach@ggh-airlaw.com 

Phone: (202) 776-3970 

Fax: (202) 776-3975 

Counsel for Royal Air Maroc 

James G. Hnat 

Executive Vice President 

 General Counsel & Government Affairs 

Robert C. Land 

Senior Vice President Government 

 Affairs & Associate General Counsel 

Adam L. Schless 

Director, Aircraft Transactions & 

 International Counsel 

JetBlue Airways Corporation 

1212 New York Avenue 

Suite 1212 

Washington, DC 20005 

(202) 715-2557 

March 2, 2015 

J. Parker Erkmann 

Jonathan B. Hill 

Cooley LLP 

1299 Pennsylvania Ave., NW 

Washington, DC 20004 

(202) 842-7800 

(202) 842-7899(fax) 

perkmann@cooley.com 

jhill@cooley.com 

Counsel for JetBlue Airways Corporation 

NOTICE: To expedite the proposed April 1, 2015 start date, the parties will be polling this 

application. 
1 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C.

 

 ) 

Joint Application of ) 

 ) 

JetBlue Airways Corporation ) Docket OST-2015-_____________ 

 ) 

and ) 

 ) 

Royal Air Maroc ) 

For a Statement of Authorization ) 

Pursuant to 14 C.F.R. Part 212 Code-sharing and ) 

an Exemption Pursuant to 49 U.S.C. § 40109 ) 

(United States-Morroco blanket codesharing ) 

JOINT APPLICATION 

OF JETBLUE AIRWAYS CORPORATION AND ROYAL AIR MAROC FOR A 

BLANKET STATEMENT OF AUTHORIZATION AND AN EXEMPTION 

 JetBlue Airways Corporation (“JetBlue”) and Royal Air Maroc, a flag carrier of the 

Kingdom of Morocco, (together, the “Joint Applicants”) hereby apply for: (1) a blanket 

statement of authorization pursuant to 14 C.F.R. Part 212 authorizing the display of Royal Air 

Maroc’s AT* designator code on flights operated by JetBlue between Royal Air Maroc’s U.S. 

gateways in conjunction with foreign air transportation held out by Royal Air Maroc and (a) any 

point or points in the United States; and (b) any point or points in any third country; and (2) 

exemption authority under 49 U.S.C. § 40109 authorizing Royal Air Maroc to engage in 

scheduled foreign air transportation of persons, property and mail from points behind Morocco, 

via Morocco and intermediate points to points in the United Sates, and beyond, as necessary to 

provide the blanket codeshare services described herein. 

On February 27, 2015, the Joint Applicants entered into a Code Share Agreement 

(“Codeshare Agreement”) for the purpose of transporting passengers to and from points served 

by both JetBlue and Royal Air Maroc and thus extending the range of their services to the mutual 
2 

benefit of the traveling public and the Joint Applicants.1

 A list of the initial code-sharing routes 

is attached hereto as Annex 1 to Exhibit 1.2

 JetBlue and Royal Air Maroc plan to initiate the 

proposed codeshare services on the routes listed in the Annex on or about April 1, 2015. 

The Joint Applicants respectfully request that the Department award the requested 

authority promptly to facilitate marketing and advance sales of these new codeshare services. In 

that regard, JetBlue requests a waiver of the Department’s 45-day advance notice requirement in 

14 C.F.R. § 212.10(d)(2) in order to effectuate this arrangement.

In support of this application, the Joint Applicants respectfully state as follows: 

1. Approval of this application is consistent with applicable bilateral and multilateral 

air transport agreements and the public interest. The proposed codeshare services are consistent 

with the terms of the Air Transport Agreement between the Government of the United States and 

the Government of the Kingdom of Morocco (“U.S.-Morocco Agreement”).3

 These services will 

represent a valuable service enhancement for passengers traveling between the United States and 

Morocco and beyond. 

2. Approval of this application is consistent with long-standing precedent and 

Department policy. The Department has consistently granted applications for Statements of 

Authorization involving implementation of various codeshare/block space arrangements where 

those arrangements were procompetitive and in the public interest. This Application satisfies 

that standard, as it will enable Royal Air Maroc to offer the flying public an enhanced network 

and more services. In addition, the Department has confirmed in its international aviation policy 

 

1 A copy of the Codeshare Agreement, with certain sensitive commercial information 

redacted, is attached hereto as Exhibit 1. Annexes 2 and 3 have been omitted because they 

contain sensitive commercial information; Annexes 4-8 have been omitted because they contain 

technical information.

2

 JetBlue and Royal Air Maroc request that the Department treat this application as the 30-

day notice of the codeshare service set forth in Annex 1 of Exhibit 1 that is required under the 

standard terms and conditions of an approved Statement of Authorization. 

3 Article 8, §7 of the U.S.-Morocco Agreement provides for cooperative marketing 

agreements, such as code-sharing agreements with “any airline or airlines of either Party”. 
3 

statement that codeshare/block space arrangements are in the public interest as they provide the 

benefits of increased service and competition: 

Code sharing and other cooperative market agreements can provide a cost 

efficient way for carriers to enter new markets, expand the system and obtain 

additional flow traffic to support their operations by using existing facilities and 

scheduled operations. 

60 Fed. Reg. 21,841, 21,842 (May 3, 1995). 

3. JetBlue4

 holds the broad underlying authority to conduct operations on the 

codeshare routes. Royal Air Maroc holds a foreign air carrier permit that authorizes Royal Air 

Maroc to provide scheduled foreign air transportation of persons, property and mail between a 

point or points in Morocco and New York.5 Royal Air Maroc seeks an exemption that would 

authorize it to engage in the proposed codeshare services. Pursuant to Rule 24 of the Rules of 

Practice, the Joint Applicants request that the Department take official notice of prior 

proceedings and authorities demonstrating their fitness to provide the requested transportation. 

 4. Pursuant to DOT’s Notice in the Matter of Blanket Notification of Code-Share 

Service to Open-Skies Partners and Points dated February 9, 2009, the Joint Applicants hereby 

provide blanket notice of their intent to engage in codeshare services between open skies points. 

JetBlue and Royal Air Maroc also agree to notify the Department no later than 30 days before 

commencing any codeshare services to non-open skies points and to inform the Department of 

the codeshare market(s) to be served and the date on which the services will begin. 

 5. JetBlue and Royal Air Maroc will conduct their code-sharing activities in 

compliance with Part 257 of the Department’s economic regulations and any other applicable 

 

4

 JetBlue holds certificate authority issued by the Department authorizing it to engage in 

scheduled interstate air transportation of persons, property and mail between any points in the 

United States, see Order 2000-2-7, as well as certificate authority for foreign air transportation to 

open skies countries, see Order 2007-7-3. 

5

 See Order 75-2-61 (issued Feb. 14, 1975). In addition, the Department has previously 

approved Royal Air Maroc to provide codeshare services in the United States. See NOAT, in 

Docket OST-1998-4294 (Jan. 20, 2011).
4 

rules and regulations. JetBlue and Royal Air Maroc accept the Department’s standard conditions 

on codesharing services. 

 6. JetBlue states that this application will have no effect on its Civil Reserve Air 

Fleet commitments. All flights will be operated with Stage 3-compliant aircraft, and because 

Royal Air Maroc will be placing its AT* designator code on JetBlue’s currently operated flights, 

approval of this application will not result in the near-term consumption of ten (10) million or 

more gallons of fuel. 

 WHEREFORE, the Joint Applicants respectfully request that the Department issue: (1) a 

blanket statement of authorization pursuant to 14 C.F.R. Part 212 authorizing the display of 

Royal Air Maroc’s AT* designator code on flights operated by JetBlue between Royal Air 

Maroc’s U.S. gateways in conjunction with foreign air transportation held out by Royal Air 

Maroc and (a) any point or points in the United States; and (b) any point or points in any third 

country; and (2) exemption authority under 49 U.S.C. § 40109 authorizing Royal Air Maroc to 

engage in scheduled foreign air transportation of persons, property and mail from points behind 

Morocco, via Morocco and intermediate points to points in the United Sates, and beyond, as 

necessary to provide the blanket codeshare services described herein; that the Department waive 

its advance notice provisions; and that the Department grant such other or further relief as it 

deems appropriate and consistent with the public interest. 


EXHIBIT 1