BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

)

Application of )

)

JetBlue Airways Corporation ) Docket OST-2012-0052

)

For an Expanded Statement of Authorization )

Pursuant to 14 C.F.R.Part2l2 Code Sharing )

)

APPLICATION OF JETBLUE AIRWAYS CORPORATION

FOR EXPANDED STATEMENT OF AUTHORIZATION

Communications with respect to this document should be directed to:

James G. Hnat Jonathan B. Hill

Executive Vice President Corporate Affairs, J. Parker Erkmann

General Counsel & Secretary Dow Lohnes PLLC

1200 New Hampshire Ave., NW

Robert C. Land Suite 800

Senior Vice President Government Washington, D.C. 20036

Affairs& Associate General Counsel (202) 776-2000

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Adam L. Schless

Director, Aircraft Transactions & Counsel for

International Counsel JetBlue Airways Corporation

JetB lue Airways Corporation

27-01 Queens Plaza North

Long Island City, NY 1l l0l

September 5,2012
BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHTNGTON, D.C.

Application of

JetB lue Airways Corporation

For an Expanded Statement of Authorization

Pursuant to l4 C.F.R.Part2I2 Code Sharing

Docket OST-2012-0052

APPLICATION OF JETBLUE AIRWAYS CORPORATION

FOR AII EXPANDED STATEMENT OF AUTHORIZATION

JetBlue Airways Corporation ("JetBlue") received authority from the Department of

Transportation ("Department" or "DOT") to code share with Emirates ("EK") pursuant to action

taken on April 5, 2012, which authorized JetBlue to place EK's "EK*" designator code on

JetBlue's flights in conjunction with foreign air transportation of person, property and mail on

routings involving the United States and the United Arab Emirates and between any point or

points in the United States and any point or points in third countries that have Open Skies

Agreements with the United States. I JetBlue and EK wish to expand their code share

relationship by adding additional flights to third countries not covered under Open Skies

Agreements with the United States. Specifically, JetBlue wishes to display EK's "EK*"

designator on its flights to Barbados, Dominican Republic (DR) and Mexico (C[IN).

JetBlue therefore respectfully requests that the Department issue an expanded Blanket

Statement of Authorization under Part2l2 of the Department's regulations to permit JetBlue to

t D"partment action in docket DOT-OST-2012-0052, dated April 17,2012, filed April 5,

2012. A copy of the redacted Code Share Agreement was submitted in his docket with the

original application.
display EK's "EK*" designator code in conjunction with foreign air transportation of persons,

property and mail on routings involving the United States and the United Arab Emirates on

JetBlue's flights (a) between any points in the United States, (b) between any point or points in

the United States and any point or points in third countries that have Open Skies Agreements

with the United States, (c) between any point or points in the United States and any point or

points in Barbados and the Dominican Republic, and (d) between New York John F. Kennedy

International Airport and Cancun, Mexico. JetBlue and Emirates plan to initiate the proposed

expanded code share service to Barbados, the Dominican Republic and Cancun on the routes

listed in Exhibit I on or about January 1,2013.2

JetBlue respectfully asks that the Department award the requested authority promptly to

facilitate marketing and advance sales of these new code share services. In that regard, JetBlue

requests a waiver of the Department's 45-day advance notice requirement in l4 C.F.R. $

212.10(d)(2) in order to effectuate this arrangement.

In suppoft of this application, JetBlue respectfully states as follows:

1. JetBlue requests a Blanket Statement of Authorization to enable it to place EK's

66EK*" designator code on points served by JetBlue with the expanded markets for these

operations listed in Exhibit l. JetBlue requests a Blanket Statement of Authorization for its new

third country service to Barbados and the Dominican Republic at this time to provide it with the

flexibility to quickly expand this relationship to additional points in those countries in the future.

2. JetBlue plans to commence these expanded code share services on or about

January 1,2013 with service on the routes listed in Exhibit 1. For this reason, JetBIue

2 JetBlue will be polling this application.
respectfully requests that the Statement of Authorization requested herein be granted

expeditiously and remain in effect for an indefinite period.

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

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

with the terms of the bilateral relationships with all three countries and the Open Skies

Memorandum of Understanding on Air Transportation between United Arab Emirates and the

United States, as amended.3 These services will represent a valuable service enhancement for

passengers traveling between the United States, the United Arab Emirates and the additional

countries requested herein.

4. Moreover, approval ofthis application is consistent with long-standing precedent

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

Authorization involving implementation of various code share/block space arrangements where

those arrangements were pro-competitive and in the public interest. There is no question that

this application satisfies that standard, as it will enable Emirates and JetBlue to offer the flying

public an enhanced network and more services. In addition, the Department has confirmed in its

international aviation policy statement that code shareiblock space affangements 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 traffrc to support their operations by using existing facilities and

scheduled operations.

60 Fed. Reg. 21,841 ,2I,842 (May 3, 1995).

3 See U.S. United Arab Emirates Air Transport Agreement of April 13,1999. Only one

other U.S. carrier code shares on the city pair JFK-CLIN under the Mexican bilateral.
5. JetBluea and EKs already hold authority to fly to Barbados, the Dominican

Republic and Mexico.

6. JetBlue and EK will conduct their code sharing activities in compliance with Part

257 of the Department's economic regulations and any other applicable rules and regulations.

JetBlue and EK accept the Department's standard conditions on code sharing services.

7. 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 approval of

this application will not result in the near-terrn consumption of ten (10) million or more gallons

of fuel.

WHEREFORE, JetBlue respectfully requests that the Department issue a Statement of

Authorization authorizing JetBlue to place EK's "EK*" designator code on JetBlue's flights (a)

between any points in the United States, (b) between any point or points in the United States and

any point or points in third countries that have Open Skies Agreements with the United States,

(c) between any point or points in the United States and any point or points in Barbados and the

Dominican Republic to which JetBlue and EK are authorized to serve, and (d) between Cancun,

Mexico (C[IN) and New York John F. Kennedy lntemational Airport (JFK); that the Department

o 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 Barbados and the Dominican Republic, see Order 2007-7-3 Order 2009-9-4,

Route 894 and NOAT January 31,2012 in Docket OST-2009-0342. s Emirates holds a foreign air carrier permit issued pursuant to Order 2004-12-7 which

authorizes EK to provide scheduled foreign air transportation of persons, property and mail

serving points behind United Arab Emirates, between United Arab Emirates and the United

States via intermediate points, and beyond the United States. See Order 2004-12-7 in Docket

DOT-OST-2002-13203.
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.

Respectfu lly submitted,

/ø'

Jonathan B. Hill, Esq.

J. Parker Erkmann, Esq.

Dow Lohnes PLLC

1200 New Hampshire Avenue, N.W.

Suite 800

Washington, D.C. 20036

(202) 776-2000

jhill@dowlohnes.com

perkmann@dowlohnes.com

Counsel for

JetBlue Airways Corporation

September 5,2012
CERTIFICATE OF SERVICE

I hereby certiff that a copy of the foregoing Application of JetBlue Airways Corporation

for an Expanded Statement of Authorization was served this 5th day of September, 2012 via

email transmission on the following:

francis.heil@aa.com

sascha.vanderbellen@delta.com

dan.weiss@united.com

rbkeiner@crowell.com

howard_kass@usairways.com

nssparks@fedex.com

anbird@fedex.com

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jcanny@amerijet.com

jrichardson@johnlrichardson.com

lachter@starpower. net

kev in.montgomery@polaraircargo.com

anita.mosner@hklaw.com

rpommer@atlasair.com

mlbenge@zsrlaw.com

mcmillin@woa.com

rsilverberg@sgbdc.com

urskr@state.gov

esta.ro senberg@dot. gov

robert. fi namore@dot. gov

john.allen@faa.gov

info@airlineinfo.com

MichaelR. Radlick
Exhibit 1

Code share Routes Airport Code Oneratins Carrier Date to Start

(on or about)

North A¡ocr¡Ca-Boutes

New York/JFK to/from Cancun, l\fi JFK-CUN / CUN -JFK JetBlue Airways January 01,2013

New York/JFK tolfrom Punta Cana DR JFK-PUJ/PUJ-JFK JetBlue Airways Januarv0l.2013

New YoTVJFK to/from Santa Domingo, D\ JFK_SDO/SDO_JFK JetBlue Airways January 01,2013

New York/JFK tolfrom Santiago, DR JFK-STI/STI_JFK JetBlue Airwavs January 01, 2013

New York/JFK tolfrom Bridgetown, BB JFK-BGI/BGI_JFK JetBlue Airwavs January 01, 2013