UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION
OFFICE OF THE SECRETARY WASHINGTON, D.C.

Issued by the Department of Transportation on August 30 , 20 1 3



### NOTICE OF ACTION TAKEN

-- DOCKET S DOT

- OST

- 201 3

- 0146 and DOT

- OST

- 2013

- 0147

________________________________________________________________________________________________ ________ This serves as notice to the public of the action described below, taken by the Department official indicated (no
additional confirmi ng order will be issued in this matter).

Joint Applicant s : SOUTH AFRICAN AIRWAYS SOC LIMITED (SAA) and JETBLUE AIRWAYS CORPORATION (JetBlue)

Date Filed: July 29, 2013

Relief requested:

Docket DOT

- OST

- 2013

- 0147: E xemption for JetBlue under 49 USC §4 0109 to permit JetBlue to hold out code

share only service (a) between any point or points in the United States and Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, South Africa; and (b) between any point or points in the United States, via the intermediate point Dakar, Senegal, 1 and Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, South
Africa.

Docket DOT

- OST

- 2013

- 0146: SAA requests a statement of authorization under 14 CFR Part 212 to display the
JetBlue “B6” designator code on flights operated by SAA (a) from SAA’s U.S. gateways to Johannesburg and beyond to points in South Africa; and (b) from SAA’s U.S. gateways to Dakar, Senegal as an intermediate point on SAA’s
authorized U.S.

- South Africa services. 2

SAA also request s a waiver of the 45

- day advance filing requirement under 14 CFR Part 212.

Applicant representative s : Anita M. Mosner and Jennifer M. Nowak (SAA)

, (202) 955

- 3 000 and
Jonathan B. Hill and J. Parker Erkmann ( JetBlue ), (202) 776

- 2000

DOT ana lyst: Brett D. Kruger 202

- 366

- 8025

Responsive pleadings: None.

DISPOSITION

Acti on: Approved. Action date: August 30 , 2013

Effective dates of authority granted: The exemption authority granted to JetBlue is effective August 30 , 2013 , through August 30 , 20 1 5

.

The statement of authorization granted to SAA is effective August 30 , 2013 , for an indefinite period , subject to
conditions

.

Our action granting a waiver of the 45

- day advance filing requirement under 14 CFR Part 212 is effective August 30

, 2013

.

Basis for approval (bil ateral agreement/reciprocity): United States

- South Africa Air Transport Agreement

1 JetBlue holds underlying authority to serve Senegal pursuant to its Blanket Open Skies Certificate. See Order 2007

- 7

- 3

. 2 See Appendix C for list of initial code

- share routes.Except to the extent exempted/waived, this authority is subject to the terms, conditions, and limitations of our stand ard U.S. carrier exemption conditions attached as Appendix A, and to the code

- share conditions attached as Appendix B

.

Special conditions/Remarks: We note that JetBlue has conducted a safety a udit of SAA under the Department’s Code

Share Safety Audit Program, and the FAA has advised us that it has reviewed the relevant audit report and found it to be acceptable.

Action taken by: Paul L. Gretch, Director, Office of International Aviation

________________________________________________________________________________________________________ Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent w ith Department policy; (2) JetBlue was qualified to perform its proposed operations; (3) grant of the authority was consistent with the public interest; and (4) grant of the authority would not constitute a major regulatory action under the Energy Policy and
Conservation Ac t of 1975. To the extent not granted/deferred/dismissed, we denied all requests in the referenced Docket s

. We may amend, modify, or revoke the authority granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition t he Department for review of the action set forth in this Notice under the Department’s regulations, 14 CFR §385.30, may file their petitions within seven (7) days after the date of issuance of this Notice. This action was effec tive when taken, and the fil ing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide Web at: http://www.regulations.gov

### Appendix A

U.S. Carrier Exemption Con ditions

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

(1) Hold at all times effective operating authority from the government of each country served;

(2) Comply with applicable requirements concerning oversales contained in 14 CFR 250 (for scheduled operations, if authorized);

(3) Comply with the requirements for reporting data contained in 14 CFR 241;

(4) Comply with requirements for minimum insurance coverage, and for certifying that coverage to the Depart ment, contained in 14 CFR 205;

(5) Except as specifically exempted or otherwise provided for in a Department Order, comply with the requirements of 14 CFR 203, concerning waiver of Warsaw Convention liability limits and defenses;

(6) Comply with all ap plicable requirements of the Federal Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, but not limited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) 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;

(7) Comply with such other reasonable terms, conditions, and limitations required by the public interest as

ma y be prescribed by the Department of Transportation, with all applicable orders and regulations of other U.S. agencies and courts, and with all applicable laws of the United States.

The authority granted shall be effective only during the period when the holder is in compliance with the conditions imposed above.

1/2008

### Appendix B

The code

- share operations authorized here are subject to the following conditions:

(a) The statement of authorization will remain in effect only as long as (i) SAA and JetBlue continue to hold the necessary underlying authority to operate the code

- share services at issue, and (ii) the code

- share agreement providing for the code

- share ope rations remains in effect.

(b) SAA and/or JetBlue must promptly notify the Department (Office of International Aviation) if the c ode

- share agreement providing for the code

- share operations is no longer effective or if the carriers decide to cease operatin g all or a portion of the approved code

- share services. Such notices should be filed in Docket DOT

- OST

- 20 1 3

- 01 46

. 3

( c ) The code

- sharing operations conducted under this authority must comply with 14 CFR 257 and with any amendments to the Department’s regu lations concerning code

- share arrangements that may be adopted. Notwithstanding any provisions in the contract between the carriers, our approval here is expressly conditioned upon the requirements that the subject foreign air transportation be sold in th e name of the carrier holding out such service in the computer reservation systems and elsewhere; that the carrier selling such transportation ( i.e., the carrier shown on the ticket) accept responsibility for the entirety of the code

- share journey for all obligations established in its contract of carriage with the passenger; that the passenger liability of the operating carrier be unaffected; and that the operating carrier shall not permit the code of its U.S. code

- sharing partner to be carried on any flight that enters, departs, or transits the airspace of any area for whose airspace the Federal Aviation Administration has issued a flight prohibition.

( d ) The authority to operate to third countries is subject to the condition that any service provided under the statement of authorization shall be consistent with all applicable agreements between the United States and the foreign
countries involved. F urthermore, (i) nothing in the award of this statement of authorization should be construed as conferring upon JetBlue rights (including code

- share, fifth freedom intermediate and/or beyond rights) to serve markets where U.S. carrier entry is limited unles s JetBlue 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 (ii) should there be a request by any carrier to use
the limited

- entry route rights that are included in the authority of JetBlue by virtue of the statement of authorization granted here, but that are not then being used by JetBlue , the holding of such authority will not be considered as providing any preference for JetBlue in a competitive carrier selection proceeding to determine which carrier(s) should be entitled to use the authority at issue. 4

( e ) The authority granted here is specifically conditioned so that nei ther SAA nor JetBlue shall give any force or effect to any contractual provisions between themselves that are contrary to these conditions.

We may amend, modify, or revoke the authority granted at any time without hearing at our discretion

.

3 We expect this notification to be received within 10 days of such non

- effectiveness or of such decision.

4 The notice in paragraph (b) above can be used for this notification.

### Appendix C

List of Initial Code

- Share Routes

B6 Designator code on flights operated by SAA:

• New York (JFK)

- Johannesburg, South Africa

• Washington, DC (Dulles)

- Dakar, Senegal

• Washington, DC (Dulles)

- Johannesburg, South Africa

• Johannesburg, South Africa

- Cape Town, South Africa

• Johannesburg, South Africa

- Durban, South Africa

• Johannesburg, South Africa

- East London, South Africa

• Johannesburg, South Africa

- Port Elizabeth, South Africa

• Johannesburg, South Africa

- New York (JFK)

• Dakar, Senegal

- Washington, DC (Dulles)

• Joha nnesburg, South Africa

- Washington, DC (Dulles)

• Cape Town, South Africa

- Johannesburg, South Africa

• Durban, South Africa

- Johannesburg, South Africa

• East London, South Africa

- Johannesburg, South Africa

• Port Elizabeth, South Afric a

- Johannesburg, South Africa