Order 2014-6-13

 UNITED STATES OF AMERICA

 DEPARTMENT OF TRANSPORTATION

 OFFICE OF THE SECRETARY

 WASHINGTON, DC

Issued by the Department of Transportation

on the 21st of April, 2014

Served: June 24, 2014

Docket DOT-OST-2005-22228

 

ORDER ISSUING CERTIFICATE

Summary

By this order we amend and reissue to JetBlue Airways Corporation (JetBlue) consolidated 

certificate authority to provide combination services in markets that are not limited as to entry or 

frequency but which do not involve open-skies partners of the United States, for which JetBlue 

holds economic authority by exemption or certificate. 

Background and Consolidation Request

In furtherance of the Department’s regulatory streamlining initiative for licensing U.S. air 

carriers, we announced by Notice on February 13, 2009 (February Notice) our intention to 

realign the existing non-open-skies economic authority held by carriers already holding a 

blanket open-skies certificate into new consolidated certificates of public convenience and 

necessity.

1 We stated that, at the request of an eligible carrier, we would realign its economic 

authority involving markets, other than Mexico, that are not open-skies partners of the United 

States into two certificates -- an indefinite duration certificate for markets that are not entry- or 

 1 February 13, 2009 Notice in Docket DOT-OST-2005-22228.

In the Matter of Consolidated International Route 

Authority for:

JetBlue Airways Corporation

Under a certificate of public convenience and 

necessity pursuant to 49 USC 41101
frequency-limited and a five-year certificate for limited-entry and limited-frequency markets so 

that all authority in limited-entry or limited-frequency markets will have a common expiration 

date. We stated that we would cover a carrier’s U.S.-Mexico authority in a third, separate 

certificate, as a carrier must obtain new economic authority on a city-pair basis each time it 

proposes to add a new city-pair market to its U.S.-Mexico services. We also stated that

following issuance of consolidated certificate authority, we would amend a carrier’s certificate, 

upon request, to include as a new route segment any additional markets for which the carrier has 

acquired new economic authority. 

Pursuant to our initiative, JetBlue requested and received, by Order 2009-9-4 (corrected), issued 

June 30, 2009, consolidated certificate authority for Route 893 (for limited-entry and limitedfrequency markets, other than Mexico),

2 Route 894 (for markets that are not limited as to entry or 

frequency but which involve non-open-skies partners of the United States), and Route 895 (U.S.-

Mexico city-pair markets). 

By letter dated March 12, 2014, JetBlue requested that we amend Route 894, to include the 

exemption authority it has since received to serve markets that are not limited as to entry 

or frequency.

3 4

Decision

Under assigned authority and consistent with our streamlining and consolidated certificate 

initiative, we have decided to amend and reissue JetBlue’s existing consolidated certificate for 

Route 894. 

Our action here amends and reissues the carrier’s Route 894 certificate, in the form attached at 

Appendix A. We have removed from Route 894 the two point-specific route segments for 

services to the Dominican Republic because they are now superseded by the broader U.S.-

Dominican Republic authority granted to JetBlue.

5

We find that grant of the certificate is consistent with the public convenience and necessity.

6 

We find further that the pending consolidated certificate request is not controversial and that it is 

appropriate to grant the authority at issue here under simplified procedures, as explained in the 

February Notice.

7

 

 2 We note that the authority covered by Route 893 (between Orlando, Florida and Bogota, Colombia), has been 

superseded by JetBlue’s blanket open-skies certificate (see Order 2007-7-3, Route 847) because Colombia is now an

open-skies partner of the United States. 3 JetBlue also requested that we remove point restrictions from its authority to serve the Bahamas and Bermuda. We 

defer action on that request because it exceeds the scope of the streamlining initiatives now in force. 4 See Appendix B. 5 Id.

6 Based on officially noticeable data, the Department has found the carrier fit, willing, and able to engage in foreign 

scheduled air transportation of persons, property, and mail using large aircraft. See Order 2009-9-4 (corrected), 

issued June 30, 2009. 7 In accordance with 14 CFR § 302.207, et seq., we may, in our discretion, omit a tentative decision in proceedings 

and proceed directly to a final decision.
The attached certificate is consistent with aviation agreements that are currently being applied

and that authorize the use of rights for which the United States has exchanged valuable 

operating rights, or with the overall state of aviation relations between the United States and the 

relevant foreign country or countries. All of the authority conferred here contributes to the 

variety of price and service options available to travelers and shippers. 

We therefore find, under assigned authority, that the public interest warrants granting JetBlue 

amended consolidated certificate authority as attached at Appendix A and subject to the 

conditions attached. 

The attached certificate of public convenience and necessity is subject to the standard terms, 

conditions, and limitations we consistently impose in the public interest. The certificate 

holder may request further amendment of the certificate to include newly obtained authority, 

through the addition of a new route segment, as described in the February Notice.

Upon effectiveness, the authority granted by this order supersedes any orders previously issued 

or actions taken by the Department granting the carrier operating rights in the listed market.

For those services currently operated under an exemption, the exemption will terminate upon 

the effectiveness of the attached certificate of public convenience and necessity.

Findings and Conclusions

In view of the foregoing and all the facts of record, we find and conclude that:

1. It is consistent with the public convenience and necessity to issue the 

captioned air carrier the certificate attached as Appendix A to this order;

2. On the basis of data officially noticeable under 14 CFR 302.24 of the 

Department’s regulations, the captioned air carrier is a citizen of the United States 

and is fit, willing, and able to perform properly the foreign air transportation 

described in the attached certificate and to conform to the provisions of Subtitle 

VII of Title 49, United States Code (Transportation), and to the Department’s 

rules, regulations, and requirements;

3. The public interest requires that the exercise of the privileges granted by the 

attached certificate be subject to the terms, conditions and limitations contained in 

the attached certificate and to such others required by the public interest as the 

Department may prescribe;

4. The issuance of the attached certificate to the captioned air carrier does not 

constitute a major regulatory action under the Energy Policy and Conservation Act 

of 1975, as defined by section 313.4(a)( 1) of the Department’s regulations;

8 and

5. The public interest does not require an oral evidentiary hearing or a showcause proceeding on the application and the action taken here. There are no 

 

8 Our finding is based on the fact that the grant of this portion of the application would not result in a nearterm increase in annual fuel consumption in excess of 10 million gallons.
material, determinative issues of fact requiring such procedures for their 

resolution.

In view of the above, and acting under authority assigned by the Department in its regulations,

14 CFR Part 385.13(b)(4), we find that our action here is consistent with Department policy.

ACCORDINGLY,

1. We reissue, as attached in Appendix A, a certificate of public convenience and 

necessity to JetBlue Airways Corporation, for markets that are not limited as to entry 

or frequency, but which involve non-open-skies aviation partners of the United States 

and for which JetBlue Airways Corporation otherwise holds economic authority by 

exemption or certificate;

2. This order supersedes any orders previously issued or actions taken by the 

Department to the extent such order or action grants the carrier operating rights, by 

certificate or exemption, in markets covered by the attached certificate;

3. The certificate issued to JetBlue Airways Corporation will be effective upon the 

service date of this order;

4. Unless disapproved by the President of the United States under 49 U.S.C. § 41307, 

this order shall become effective upon the 61st day after its submission for § 41307 

review, or upon the date of receipt of advice from the President or his designee under 

Executive Order 12597 and implementing regulations that he or she does not intend to 

disapprove the Department’s order under that section, whichever occurs earlier;

9 and

5. We will serve this order on JetBlue Airways Corporation, the Ambassador in 

Washington, D.C. of each foreign aviation partner that the applicant seeks authority to 

serve, the U.S. Department of State (Office of Aviation Negotiations), and the Federal 

Aviation Administration.

By: 

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

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

http://www.regulations.gov

 9 This order was submitted for section 41307 review on April 21, 2014. The 61st day is June 23, 2014. Since the

President’s designee did not disapprove this order before that date, it became effective on June 23, 2014.
Appendix A

Certificate of Public

Convenience and Necessity 

For

Route 894

(as reissued) 

 This Certifies That

 JetBlue Airways Corporation

is authorized subject to the provisions of Subtitle VII of Title 49 of the

United States Code the orders rules and regulations issued thereunder and

the attached Terms Conditions and Limitations to engage in foreign air 

transportation of persons, property and mail.

This Certificate is not transferable without the approval of the Department

of Transportation.

By Direction of the Secretary

Issued by Order 2014-6-13 Paul L. Gretch

On April 21, 2014 Director, Office of

Effective On June 23, 2014 International Aviation
*As reissued 

by Order 2014-6-13

 Route 894

 Page 1 of 2

 Terms, Conditions, and Limitations

 JetBlue Airways Corporation

 for Route 894

is authorized to engage in scheduled foreign air transportation of persons, property and mail: 

Between the United States and Nassau, Bahamas.

Between the United States and Barbados.

Between the United States and St. Lucia.

Between Boston and Bermuda.

Between New York, New York and Bermuda. 

Between a point or points in the United States and a point or points in the Turks and Caicos Islands.

Between a point or points in the United States and a point or points in the Dominican Republic. 

Between the United States and Haiti.

Between the United States and the Cayman Islands.

This authority is subject to the following conditions:

(1) The holder shall at all times conduct its operations in accordance with the regulations prescribed by 

the Department of Transportation for the services authorized by this certificate, and with such other 

reasonable terms, conditions, and limitations as the Department of Transportation may prescribe in the

public interest.

(2) The holder shall at all times conduct its operations in accordance with all treaties and agreements 

between the United States and other countries, and the exercise of the privileges granted by this certificate is 

subject to compliance with such treaties and agreements and with any orders of the Department of 

Transportation issued under them. To the extent that the holder has authority to serve more than one country 

or points in more than one country on the same route segment, that authority does not confer upon the holder 

any additional rights (including fifth-freedom intermediate and/or beyond rights) in limited-entry markets 

unless the Department has completed any necessary carrier selection procedures to determine which carrier(s) 

should be authorized to exercise such rights. In such cases, the fact that the carrier may hold authority to serve 

the countries (points) at issue on the same segment will not be considered as providing any preference to the 

holder in a carrier selection proceeding.
* As reissued 

by Order 2014-6-13

Route 894

Page 2 of 2

(3) The exercise of the authority granted here is subject to the holder’s first obtaining from the 

appropriate foreign governments such operating rights as may be necessary.

(4) The holder’s authority under this certificate is effective only to the extent that such operations comply 

with all applicable requirements of the Federal Aviation Administration and with all applicable U.S. 

Government requirements concerning security, including, but not limited to, 40 CFR Part 1544. To assure 

compliance with all applicable U.S. Government requirements concerning security, the holder shall, before 

commencing any new service to or from a foreign airport, contact its Principal Security Inspector (PSI) to 

advise the PSI of its plans and to find out whether the Transportation Security Administration has determined 

that security is adequate to allow such airport(s) to be served.

(5) The holder shall at all times remain a “Citizen of the United States,” as required by 49

U.S.C. 40102(a)(15).

(6) The holder shall maintain in effect liability insurance coverage as required under 14 CFR Part 205. 

Failure to maintain such insurance coverage will render a certificate ineffective, and this or other failure to 

comply with the provisions of Subtitle VII of 49 U.S.C. or the Department’s regulations shall be sufficient 

grounds to revoke this certificate.

(7) Should the holder propose any substantial changes in its ownership, management, or operations 

(as that term is defined in 14 CFR 204.2(l)), it must first comply with the requirements of 14 CFR 204.5.

(8) In the event the holder ceases all operations for which it was found “fit, willing, and able,” its 

authority under this certificate shall be suspended under the terms of 14 CFR 204.7 and the holder may neither 

commence nor advertise such operations unless its fitness to do so has been redetermined by the Department.

(9) The holder may combine services authorized by this certificate with all services authorized by other 

Department of Transportation certificates and exemptions; provided that such operations are in compliance 

with the provisions of all applicable bilateral aviation agreements, and provided further that (a) nothing in the 

award of the route integration authority requested should be construed as conferring upon the holder 

additional rights (including fifth- freedom intermediate and/or beyond rights) to serve markets where U.S. 

carrier entry is limited unless the holder first 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 

carrier(s) should be authorized to exercise such rights; and (b) should there be a request by any carrier to use 

the limited-entry route rights that are included in this certificate by virtue of the route integration authority 

granted here, but that are not then being used by the holder, the holding of such authority by route integration 

will not be construed as providing any preference for the holder in a competitive carrier selection proceeding 

to determine which carrier(s) should be entitled to use the authority at issue.
Appendix B

List of Currently-Held Economic Authority Submitted for Consolidation by JetBlue

1. Non-limited entry markets (Non-open skies)

U.S.-Cayman Islands, Docket DOT-OST-2012-0115

U.S.-Dominican Republic, Docket DOT-OST-2009-0342

U.S.-Haiti, Docket DOT-OST-2013-0099

U.S.-Turks and Caicos, Docket DOT-OST-2010-0228