UNI T ED S T ATES OF A MERI C A

DEPA R T M ENT OF TR ANSPORT A TION

OFFICE OF THE SECRETARY

WASHINGTON, DC



### Issued by the Depart m ent of Transportation on August 2 , 2012

NOTICE OF ACTION TAKEN

-- DOC K ET DOT

- OST

- 2010

- 0 2 28

This serves a s notice to the public of the action d escribed below, taken by the Depar t ment offic i al

indicated (no additional confir m ing ord e r will be issued in this matter).

Application o f JETBLUE AIR W AYS COR P ORATION (JetB l ue )

, filed 7 / 10 / 1 2 for:

X X 

### Renewal of e xe m ption aut h ori t y under 49 U.S

. C. 401 0 9 to p rovide the fo l lowing service:

Scheduled combination service betwe e n any point or points in the United S tates, on the one hand,

and any point or points in the Turks a n d Caicos Islands, on the other hand

. 1

Applicant rep: Jonat h a n B

. Hill (202) 776

- 2725 D O T Anal y st: Darren Jaffe (202) 366

- 2512

D I S P O S I T I O N

X X Granted (s u bject to conditions, see b e low)

The above action grant i ng exe m ption authori t y was effective when taken: August 2, 20 1 2

, thr o ugh

August 2

, 201 4

. 2

Action taken by: Paul L. Gretch, Director

Office of International Aviation

X X The authority gran t ed is consistent with the U.S.

- U.K. A i r Services Agreement of 1977, as

amended.

Except to the extent exe m pted or waived, this authori t y is subject to the ter m s, c o nditions, and li m i t ations

indicated: XX The holder ’ s certificates of public convenience and necessity

XX S tan d ard exe m ption condit i ons ( attached)

On the basis of data officially noticeable under Rule 24(g) of the Depar t ment's regulations, we found the

applicant qu a lified to provide the ex e m ption services authorized.

Under author i ty assigned by the Department in its regulations, 14 CFR Part 385, we found th at (1) our

action was c o nsistent with Department policy; (2) g ra n t of the au th ori t y was consistent with the public

interest; and (3) grant of th e authori t y w ould not con s titute a major regulato r y action under the Energy

Policy and C onservation Act of 1975. To the extent not granted o r deferred, we denied all requests in the

1 JetBl u e states t h at it will continue its d aily ser v ice b et w ee n Ne w Y o r k (JFK ) an d Pro v i d e n ciales

, T u r k s an d Caic o s

Isla n d s (P L S), an d Sa t u r d ay

- o nly seas o n a l service (November

- April) bet we en B o st o n a n d PLS.

2 JetBl u e req u ests t h at t h e De p art m e n t a d d t h e a u th o rity that we are g ra n t i n g i n t h e i n sta n t d o c k et to JetBl u e’s R ou te

894 c e rtificate authority ( see Order 2 00 9

- 9

- 4 , correcte d ). W e will ad d ress JetBlue’s certificate re qu e st in a separate

acti o n.referenced Docket. We may a mend, modi f y

, or rev o ke the author i ty granted in t h is Notice at any ti m e

without hear i ng at our discretion.

Persons entitled to petition the Department for review of the action set forth in this Notice under the

Depar t ment’s regulations, 14 CFR §385.30, m ay file t h eir petitions wit h in seven (7) d a y s after the date of

issuance of this Notice. This action was effective w h en taken, and t h e filing of a petition for r e view will

not alter such effectivene ss

.

An electr o nic vers i o n o f t h is do c u m ent is availa b le on t h e World W i d e Web at:

h tt

p ://www.reg u l a tio n s.g o v

### Attachment

U.S. Carrier Exemption Conditions

In the conduct of the operations author i zed, the U.S. carrier applicant(s) shall:

(1) Hold at all ti m es effecti v e operating authority from the gover nm ent of each country served;

(2) Co mply with applicable require m ents c oncerning oversales contained in 14 CFR 250 (for

scheduled operations, if authorized);

(3) Co mply with the require m ents for reporting data contained in 14 CFR 241;

(4) Co mply with req u ir e m ents f or m i ni m u m ins u rance coverage, and for certifying that coverage

to the Depart m ent, contained in 14 C FR 205;

(5) Exce p t as specifically exe m pted or otherwi s e provided f or in a Depart m ent Order, co mply

with the require m ents of 14 CFR 203, concerning waiver of W arsaw Convention li a bility li m its

and defenses;

(6) Co mply with all ap p lica b le r equire m ents of the Feder a l Aviation Ad m i nistration, the

Transportation Security Ad m i nis t ration, and with all a p plicable U.S. Govern m ent require m ents

concerning security, including, but not li m ited to, 49 CFR P a rt 1544. To assure co m pliance with

all applicable U.S. Gov e rn m ent require m ents c o ncerning security, the holder shall, before

commencing any new service (including charter fligh ts) to or from a foreign airport, contact its

Princi p al S e curity Insp e ctor (PS I ) to advise t h e P SI of its plans and to find out whether the

Transportation Security Ad m i nistration has det er m ined that security is a d equate to allow such

airport(s) to be served;

(7) Co mply with such other reasonable ter m s, conditions, and li m itations required by the public

interest as may be prescribed by the Depart m ent of Transportation, with all applica b le orders and

regulations of other U.S. agencies and courts, and with all a pplica b le l a ws of the United States.

The authority granted shall be effective only during the period w h en the holder is in co m pliance

with the conditions i m posed above.

1/2008