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

, 20 14

Served: June 24 , 2014

D ocket DOT

- OST

- 2005

- 22228

ORDER ISSUING CERTIFICATE

Summary

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

certificate authority to p rovide 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 ec o nomic authority by exemption or certificate

.

Background and Con s olidation R equest

In furtherance of the Depart m ent’s regulatory st r ea m lining i n itiati v e f or licensing U.S. air

c arr ie r s, we announced by Notice on February 13, 2009 (February Notice) our i nte n tion to

realign the existing non

- open

- skies econo m ic authority held by carriers already holding a

blanket open

- skies certificate i n to new con s olidated certif i cates of public convenience and

necessity

. 1 We s t a t ed t hat , at the request of an eligible carrier, we would realign its econo m i c authority involving m arkets, other than Mexico, that are not open

- skies partners of the United

States into two ce r tificates

-- an indefinite d u ration certificate for m arkets that are no t entry

- or

1 Febr u ary 1 3

, 2 0 0 9 N o tic e i n D o c k e t D OT

- OS T

- 20 0 5

- 2 22 2 8. In the Matter of Consolidated International Route

Authority for:

JetBlue Airways Corporation

Under a certificate of public convenience and

necessity pursuant to 49 USC 41101frequency

- li m ited and a five

- year certif i cate f or li m ited

- entry and li m ited

- f r e q uency m arkets so

t h at al l auth o r ity in li m ited

- e n try or li m it e d

- f requency m arkets will have a common expiration

date. W e stated that we would cover a carrier’s U.S.

- Mexico authority in a t h ird, separate

certificate, as a carrier m ust obtain new econo m i c autho r ity on a cit y

- pair b asis each ti m e it

proposes to add a new city

- pair m arket to its U.S

. - Mexico services. We also stated that

following issuance of consoli dated 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 rec eived

, b y Or d e r 2009

- 9

- 4 (corrected), issued

June 30

, 2 009, consolidated certificate authority for R ou te 893 (for limited

- entry and limited

frequency markets , other than Mexico )

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

frequency but which involve non

- ope n

- skies partners of the United States ) , and Route 895 (U.S.

- Mexico city

- pair markets )

.

B y letter dated March 12, 2014, JetBlue r equested 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 strea m lining and consolidated certificate

initiative, w e have decided to amend and reiss u e Jet B lue’s existing consolidated certificate for

Route 894.

Our action h ere amends and reissues the carrier’s R oute 894 c er ti f ic a t e

, in the form a tt a ched at

Ap p endix 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 fin d that grant of the certificate is consi s tent with the pu b lic convenience and necessity

. 6

W e find further that the pending con s oli d ated certificate request is not controversial and that it is

appropriate to grant the authori t y at issue here under si m plified procedures, as explained in the

February Notice

. 7

2 We note that the authority covered by R oute 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 Sta tes.

3 JetBlue also requested tha t 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 200 9

- 9

- 4 (corrected)

, issued June 30, 2009

. 7 In acc o r d a n c e with 1 4 CFR § 3 0 2.20 7

, et s e q

., we m ay, in our discr e tion, o m it a tentative decision i n proceed i n gs

a n d p r oce e d directly to a final de c ision.The attached certificate is consiste n t w i th aviation agree m ents that are curr e ntl y b e ing applied

and that authori z e the use of rights for w hich the United States has exchanged valuable

operating rights, or with the overall state of aviation relations b e tween the United St at es and the

relevant foreign country or countr i es. All of the authority conferred here contributes to the

variety of price and service options ava i lable to travelers and shippers.

We therefore find, under assigned a u thority, that the public interest warrants granting JetBlue

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

conditions attached.

The attached certificate of public convenience and necessity is subject to the stan d ard ter m s, conditions, and li m itations we consistently i m pose in the public interest

. The certific ate

holder m ay request further a m end m ent of the certificate to include newly obtained authority,

through the addition of a new route seg m ent, as described in the February Notice.

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

or actions taken by the Depart m ent granting the ca r rier o p er a ti n g rights in t h e li s ted m arket.

For those services currently operated u n der an e x e mption, t h e e x e mption will ter m inate u pon

the effectiveness of the attached certificat e of public convenience and necessity.

Findings and Conclusions

In view of the foregoing and all the facts of rec o rd, we find and conclude that:

1. It is consi s t e nt with t h e p ublic con ve nience and n ecessity to i s sue the

captio ned air carrier the certificate attached as A ppendix A to this order;

2. On the basis of data officially notice a ble under 14 CFR 302.24 of the

Depart m ent’s regulations, the captioned air car r ier is a citizen of the United States

and is fit, willing, and able to perform prope rly the foreign a i r tra n sport a tion

d escri b ed in the attached certificate and to conform to the pr o visions of Subtitle

VII o f Title 49, United States Code (Transportation), and to the Depart m ent’s

rules, regulations, and require m ents;

3. The public intere s t r equires th a t t h e e xerci s e of th e pri v ileges gran ted by the

attached certificate be subject to the ter m s, condit i ons and li m itations contained in

the attached certificate and to such others required by the pu b lic int e rest a s the

Depa rt m ent m ay prescribe;

4. The issuance of the attached ce r ti f i c ate to the c aptioned air carrier does not

constitute a m ajor regulatory action under the Energy Policy and Conservation Act

of 1975, as defined by section 313.4(a)( 1) of the Depart m ent’s regulations ; 8 and

5. Th e public interest does not require an o r al e v identiary heari n g or a show

cause procee d ing on the applicatio n and the act i on taken here. T here a re no

8 O u r fin d ing is b ased o n t h e fact t h at t h e g rant o f t h is p o rtion o f t h e ap p licati o n wo u ld not res u lt in a n ear

term i n crease i n ann u al f u el c on su m ption in e x c e ss o f 10 m illion gall o n s.m aterial, deter m inative 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 w ith Department policy.

ACCORD I N GLY,

1

. W e 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 partn e rs of the United States

and for which JetBlue Airways Corporation otherwise holds econo m ic authority by

exe m ption or certificate;

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

Depart m ent to the extent such order or action grants the carrier o perating ri g hts, by

certi f icate or exe m ption, in m arkets covered by th e attached certificate;

3 . The certificate issued to JetBlue Airways Corporation w i ll be effective upon the

service date of this order;

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

this order shall beco m e effective upon the 61st day a f ter its sub m ission for § 41307

revie w , or upon the date of recei p t of advice from t h e Presi d ent or h i s designee under

Executive Order 12597 and i mpl e m enting regulations that he or she does not intend to

disapprove the Departme nt’s order under that section, whichever occurs earlier ; 9 and

5

. W e will s erve t h is or d er on Jet B l u e Airways Corporation, the A m bassador in

Washington, D.C. of ea c h foreign aviation par t ner that the ap p lica n t see k s authority to

serve, the U.S. Depart m e nt of State (Off i ce of Aviation Negotiations), and the Federal

Aviation Ad m i nistration.

By:

PAUL L. GRETCH

Director

Office of International Aviation

(SEAL)

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

http://www.regulations.gov

9 T h i s o r d e r w a s su b m i t te d f o r secti o n 41 3 0 7 re v i e w o n April 21

, 2 0 14

. T h e 6 1 st d ay is June 23

, 20 14

. Si n ce t h e

Presi d e n t’s d es ignee did n o t d isap p r o ve t h is o r der b ef o re t h at date, it bec am e effecti v e o n June 2 3

, 2 0 14

.Appendix A



# Certificate of Public

Convenience and Necessity

For

Route 894

(as reissued)

This Certifies That



# JetBlue Airways Corporation

is authori z e d 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 w ithout 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

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- 13

R ou te 8 9 4

Page 1 of 2

Terms, Conditions, and Limitations

JetBlue Air w ays Corporation

for Route 894

is auth o ri ze d to engage in sched u led f oreign air transpo r tati o n of persons, property a n d m ail:

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 Ca icos Islands

.

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

Between the United State s and Haiti.

Between the United States and the Cayman Islands.

This authority is subject to the follo w i ng conditions:

(1) The holder shall at all ti m es conduct its operati o ns in acc o r d ance with t h e regulatio n s prescribed by

the Depart m ent of Transportation fo r the s e r vi c es autho r iz e d by this c e r ti f ic a t e, and with such other

reasonable terms, cond i tions, and li m itations as the D epart m ent of Transportation m ay prescribe in the

public interest.

(2) The holder shall at all ti m es conduct its operati o ns in acc o r d ance with all treaties and agree m ents

between the United States and other countries, and the exerc i se of the privileges granted by this certificate is

sub j ect to co m pliance with such t r eaties and agree m ents and with any orders of the Depart m ent of

Transportation i ss ued under the m . To the extent that the holder has authority to serve m ore than one country

or points in m ore than one country on the sa m e route seg m ent, that authority does not confer upon the holder

any add i tional rights (including fifth

- freedom inter m ed iate and/or beyond rights) in li m ited

- entry m arkets

unless the Depart m ent has co m pleted any necessary carrier selection pr ocedures to deter m ine which carrier(s)

should be authorized to exercise s uch rig h ts. In such case s , the fact t h at the car r ier m ay hold authority to serve

t h e c o untries (p o i n t s) a t iss u e o n the sa m e seg m ent will not be con s idered as p r o viding any preference to the

holder in a carrier selection pr o ceeding.* As reissued

by Order 2014

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R ou te 8 9 4

Page 2 of 2

(3) The exercise of the auth o rity g ranted here is subj e ct to the holder’s first obtaining from the

appropriate foreign govern m ents such operating rights as m ay be necessary.

(4) The holder’s authority under this certificate is effective o n ly to the extent that such operatio ns co mply

with all applicable require m e nts of the Federal Aviation Ad m i nistration and with all applicable U.S.

Govern m ent require m e nts concerning security, including, but not li m ited to, 40 CFR Part 1544. To assure

compliance with all applicable U.S. Govern m ent require m ents concerning security, the holder s h all, before

com m encing any new service to or from a foreign airport, co nt act its Principal Sec u rity Inspect o r ( P SI) to

ad v i se t h e PSI of its plans and to find out whether t h e Transportation Security Ad m i nistration has deter m ined

t h at security is a d equate to allow such airport(s) to be served.

(5) The holder s hall at all ti m es re m ain a “Cit i zen of the United States,” as required by 49

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

(6) The holder shall m aintain in effect liab i l ity insurance coverage as required under 14 CFR Part 205.

Failure to m aintain such insurance cov e rage will render a cer t ificate ineffective, and this or o t h e r f ailure to

c o mply with t h e p r ovi s i ons of Subtitle VII of 49 U.S.C. or the Depart m ent’s regulations shall be suffic i ent

g ro u nds to revo k e this ce r ti f icate.

(7) Should the holder propose any substanti a l changes in its ownership, m anage m ent, or operations

(as that term is defined in 14 C F R 204.2(l)), it m u st first co mp ly with the require m ents of 14 CFR 204.5.

(8) In the e v ent the holder cea s es all operations for which it was found “fit, willing, and able,” its

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

com m ence nor advertise s uch operations unless its fitness to d o so has been redeter m ined by the Depart m ent.

(9) The holder m ay combine services a u thorized by this certificate with all s e rvices authorized by other

Depart m ent of Transpo r tati o n certificates a nd exe mptions; provided that such operations are in c o mpliance

with the pr ovisions of all applica b le bilate r al a v iation agree m ents, and provided further that (a) nothing in the

aw ar d of the route inte g ration autho r ity requested s h ould be con s trued as co nf erring upon the holder

a dditio n al ri g hts (i n clu d i n g fifth

- freedom inter m ediate and/or beyond rights) to s e rve m arkets where U.S.

carrier entry is li m ited unless t h e h older f i r s t n oti f ies the Depart m ent of its i n te n t to serve such a m arket and

unless and until the D e part m ent has co mpleted any neces s ary carrier selection p roc e dures to d e t e r m ine which

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

the li m ited

- entry route rights that are incl u ded in this certificate by virtue of the route integration authority

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

will not be construed as p r o viding any p reference for the holder in a co mpetitive carrier selection pr oceeding

to deter m ine 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