BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

 

 ) 

Application of ) 

 ) 

JetBlue Airways Corporation ) Docket OST-2014- 

 ) 

For an Exemption ) 

Pursuant to 49 U.S.C. § 40109 to engage in foreign ) 

scheduled air transportation of persons property ) 

and mail from the United States, Fort Lauderdale, ) 

Florida (FLL) to Mexico City, Mexico (MEX) ) 

And Orlando, Florida (MCO) to Mexico City (MEX) ) 

 ) 

APPLICATION OF JETBLUE AIRWAYS CORPORATION 

FOR EXEMPTION AUTHORITY 

(FLL-MEX) 

(MCO-MEX) 

Communications with respect to this document should be directed to: 

James G. Hnat 

Executive Vice President 

 General Counsel & Government Affairs 

Robert C. Land 

Senior Vice President Government 

 Affairs & Associate General Counsel 

Adam L. Schless 

Director, Aircraft Transactions & 

 International Counsel 

JetBlue Airways Corporation 

1212 New York Avenue 

Suite 1212 

Washington, DC 20005 

(202) 715-2557 

Jonathan B. Hill 

J. Parker Erkmann 

Cooley LLP 

1299 Pennsylvania Ave., NW 

Washington, DC 20004 

(202) 842-7800 

jhill@cooley.com 

perkmann@cooley.com 

 

Counsel for JetBlue Airways Corporation 

Dated: November 4, 2014 

NOTICE: JetBlue will be polling on this application.
1 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C.

 

 ) 

Application of ) 

 ) 

JetBlue Airways Corporation ) Docket OST-2014- 

 ) 

For an Exemption ) 

Pursuant to 49 U.S.C. § 40109 to engage in foreign ) 

scheduled air transportation of persons property ) 

and mail from the United States, Fort Lauderdale, ) 

Florida (FLL) to Mexico City, Mexico (MEX) ) 

And Orlando, Florida (MCO) to Mexico City (MEX) ) 

 ) 

APPLICATION OF JETBLUE AIRWAYS CORPORATION 

FOR EXEMPTION AUTHORITY 

(FLL-MEX) 

(MCO-MEX) 

 Pursuant to 49 U.S.C. Section 40109 and Subpart C of the Department's Rules of 

Practice, JetBlue Airways Corporation (“JetBlue”) hereby applies for an exemption from 49 

U.S.C. Section 41101 authorizing it to engage in scheduled foreign air transportation between 

Fort Lauderdale, FL (“FLL”) and Orlando, FL (“MCO”), on the one hand, and Mexico City, 

Mexico, on the other hand, and requests that the Department designate JetBlue for each such 

service. JetBlue requests that these exemptions be granted for a period of at least two (2) years. 

Because JetBlue proposes to commence operations on these routes in or about June, 2015, 

JetBlue respectfully requests that the Department act on this application in an expeditious 

manner. 

 In support of this Application, JetBlue states as follows: 
2 

1. JetBlue is a corporation organized under the laws of the state of Delaware with its 

principal place of business at 27-01 Queens Plaza North Long Island City, NY 11101. JetBlue 

currently serves 86 destinations, including 25 international destinations. 

2. JetBlue is a citizen of the United States as that term is defined in 49 U.S.C Section 

40102(a)(15). JetBlue’s President and at least two-thirds of the members of its board of directors 

and managing officers are citizens of the United States, and at least 75 percent of JetBlue’s 

voting stock is owned by citizens of the United States. 

3. JetBlue holds a Certificate of Public Convenience and Necessity for Interstate Air 

Transportation issued on February 4, 2000, by Order 2000-2-7. JetBlue also has received 

Blanket Open Skies Authority.1

 In addition, JetBlue has certificate authority to serve Mexico 

from points in the United States.2 JetBlue is well qualified to provide the proposed services and 

requests that the Department take official notice of all the information contained in these dockets 

and orders pursuant to Rule 24. 

4. The first exemption requested herein is for service between Fort Lauderdale, 

Florida’s Fort Lauderdale-Hollywood International Airport (“FLL”) and Mexico City, Mexico’s 

Benito Juárez International Airport (“MEX”). In approximately June 2015, JetBlue plans to 

initiate twice daily service using its Stage 3 compliant 150-seat A320 aircraft. 

5. The second exemption requested herein is for service between Orlando, Florida’s 

Orlando International Airport (“MCO”) and MEX. In approximately June 2015, JetBlue plans to 

initiate daily service using its Stage 3 compliant 150-seat A320 aircraft. 

 

1

 See Order 2007-7-3 (issued July 6, 2007). 

2

 JetBlue has certificate authority to serve Cancun, Mexico from New York/Newark, Fort 

Lauderdale, Boston and Orlando. See Order 2009-9-4. 
3 

6. Both of these operations will be fully consistent with the December 12, 2005 

Memorandum of Consultations and Annexes between the United States and the United Mexican 

States (“Memorandum”), which expressly authorizes the United States to designate two U.S. 

carriers to fly between points in the United States and Mexico. Section B(4) of Annex I to the 

Memorandum states: “[e]xcept as provided in subparagraph 5 of this paragraph, either of the 

Parties shall be entitled to designate two airlines to provide scheduled combination services on 

any city pair between the two territories that may be served under the Agreement.” Currently, 

JetBlue understands there is at least one designation available on the FLL-MEX route.3

 On the 

MCO-MEX route, JetBlue also understands that at least one designation remains available.4 

7. The grant of JetBlue’s application will facilitate the introduction of new service 

between Florida and Mexico City, one of the most populated cities in the world. JetBlue’s entry 

into Mexico City will bring not only low fares on routes between the United States and Mexico 

City but JetBlue’s award-winning, consumer-friendly services. The addition of such JetBlue 

service is clearly in the public interest. 

8. JetBlue states that this application will have no effect on its Civil Reserve Air 

Fleet commitments and approval of this application will not result in the near-term consumption 

of ten (10) million or more gallons of fuel. 

 WHEREFORE, JetBlue respectfully requests that the Department issue exemptions 

authorizing it to provide international air transportation of persons, property, and mail between 

FLL and MCO, on the one hand, and MEX on the other hand; to designate JetBlue to serve these 

 

3

 Although Delta received an exemption to fly the FLL-MEX route, see Notice of Action Taken, 

DOT-OST-2013-0013 (issued Jan. 28, 2013), JetBlue understands that Delta never started 

service. 

4

  Although the Department added the MCO-MEX route to Delta’s consolidated certificate in 

early 2010, see Order 2010-3-12 (issued Mar. 9, 2010), JetBlue understands that Delta has not 

flown the route since 2009. 
4 

routes; and grant such other or further relief as the Department deems appropriate and consistent 

with the public interest. 

 Respectfully submitted, 

 

 ____________________________ 

Jonathan B. Hill 

J. Parker Erkmann 

Cooley LLP 

1299 Pennsylvania Ave., NW, Ste. 700 

Washington, DC 20004 

(202) 842-7800 

jhill@cooley.com 

perkmann@cooley.com 

 

Counsel for JetBlue Airways Corporation 

November 4, 2014
CERTIFICATE OF SERVICE 

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

for an Exemption was served this 4th day of November, 2014 via email transmission on the 

following: 

howard.kass@aa.com

robert.wirick@aa.com

American 

gmurphy@crowell.com 

sseiden@crowell.com

dan.weiss@united.com 

steve.morrissey@united.com

United 

sascha.vanderbellen@delta.com 

chris.walker@delta.com 

Delta 

nssparks@fedex.com 

gbleopard@fedex.com

FedEx 

jrichardson@johnlrichardson.com 

jcanny@amerijet.com

Amerijet 

anita.mosner@hklaw.com 

jennifer.nowak@hklaw.com

UPS 

thomas.ting@suncountry.com Sun 

Country 

bob.kneisley@wnco.com 

leslie.abbott@wnco.com

Southwest 

matwood@cozen.com 

stephen.lachter@lachterlaw.com

Frontier 

jyoung@yklaw.com 

dkirstein@yklaw.com

Spirit 

msinick@ssd.com Alaska 

cristinasa@state.gov 

john.s.duncan@faa.gov

robert.finamore@dot.gov 

brett.kruger@dot.gov 

brian.hedberg@dot.gov 

reese.davidson@dot.gov

kgeorge@broward.org FLL 

pbrown@goaa.org MCO 

 /s/ 

 J. Parker Erkmann