U.S. Department of Transportation Office of the Secretary of Transportation

DEPARTMENT ACTION ON APPLICATION IN DOCKET DOT

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Application of JetBlue Airways Corporation ( JetBlue ) for a Blanket Statement of Author ization to permit JetBlue to display the “ JL ” designator code of Japan Airlines Co., Ltd. (JAL) on flights operated by JetBlue (a) between any point or points in the United

States and (b) between any point or points in the United States and any point or po ints in third countries that have Open Skies Agreements with the United States

. 1
(filed March 19, 2012 )

The Applicant also request s waiver of the 45

- day advance filing requirement under

14 CFR Part 212. 2

Approved under assigned authority (14 CFR §385. 13).

Date of Action: April 4 , 2012

This action is subject to the conditions attached ( see Attachment A). Persons entitled to petition the Department for review of this actio n under the Department’s regulations, 14 CFR §385.30, should file their petitions within seven days of the date of this action. This action is effective immediately, and the filing of a petition for review will not alter its effectiveness.

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

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

1 See Attachment B for list of initial code

- share points.

2 JetBlue filed a motion requesting confidential treatment of its unredacted Cod eshare Agreement under 14 CFR § 302.12. We will grant the motion.

### ATTACHMENT A

The statement of authorization is subject to the following conditions:

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

- share services a t issue, and (ii) the code

- share agreement providing for the code

- share operations remains in effect;

( b ) JetBlue and/or JAL must notify the Department no later than 30 days before they begin any new

code

- share service under the code

- share services autho rized here. Such notice shall identify the market(s) to be served and the date on which the service will begin. Such notices should be filed in

Docket DOT

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( c ) JetBlue and/or JAL must notify the Department immediately if the code

- share a greement under

which these code

- share services are operated is no longer in effect or if the carriers decide to cease operating all or a portion of the approved code

- share services. Such notices should be filed in Docket

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( d ) The cod e

- sharing operations conducted under this authority must comply with 14 CFR Part 257 and with any amendments to the Department's regulations 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 the name of the carrier holding out such service in 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; and that the passenger liability of the operating carri er be unaffected ;

(e) 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 coun tries involved. Furthermore, (i) nothing in the award of this blanket 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. carr ier entry is limited unless

JetBlue notifies the Department of their 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 s uch 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 blanket 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

( f

) The authority granted here is specifically conditioned so that neither JetBlue nor JAL 

### shall give any force or effect to any contractual provisions between themselves that are contrary to these

conditions ; and.

( g ) We may amend, modify, or revoke the authority granted at any time wit hout 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.

### ATTACHMENT B

INITIAL LIST OF CODE

- SHARE POINTS