UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on June 11 , 20 1 5

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 201 5

- 0 114

______________________ ________________________________________________________ ____________ ___________________________ This serves as notice to the public of the action described below, taken by the Department official indicated (no additional confirming order will be issued in this matter).

Application of JETBLUE AIRWAYS CORPORATION ( JetBlue ) filed 5 / 27 / 1 5 for:

XX E xemption for two years under 49 U.S.C. 40109 to provide the following service:

Scheduled foreign air transportation of persons, property, and mail between a ny poi nt in the United States, on the one hand, and a ny point or points in An g uill a, Dominica, and the British Virgin

Island s , on the other hand

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Applicant rep resentative s : E v elyn D. Sahr , Jonathan T. Linde, and Drew M

. Derco (202) 659

- 66 00

DOT Analyst: Del la E. Davis (202) 366

- 2432

D I S P O S I T I O N

XX Granted (subject to conditions , see below)

The above action granting exemption authority was effective when taken: June 11 , 20 1 5 through

June 11

, 20 1 7

.

Ac tion taken by: Paul L. Gretc h

Director

, Office of International Aviation

XX The authority granted is consistent with the U.S.

- U.K. Air Transport Agreement of 1977, as

amended.

Except to the extent exempted or waived, this authority is subject to the terms, conditions, and limitations

indicated:

XX JetBlue ’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

Remarks: We acted on this application without awaiting expiration of the 15

- day answer period with the

conse nt of all parties served with the application.

Conditions : The code

- share operations conducted under this authorization are subject to the following

conditions:

(a) The code

- share operations conducted under this authority must comply with 14 CFR 257 an d with any amendment 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

1 JetBlue plans to initiate service between the United States and various Caribbean points by virtue of a codeshare agreement
with Seaborne Airlines (Seaborne). Pursuant to this agreement, JetBlue’s B6 * desi gnator code will be displayed on flights operated by Seaborne using aircraft with fewer than 60 seats

.- 2

-

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 fo r 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 carrier be unaffected.

(b) The authority granted here is specifically conditioned s o that neither JetBlue nor Seaborne shall give any force and effect to any contractual provisions between themselves that are contrary to these

conditions.

_____________________________________________________________________________________ On the basis o f data officially noticeable under Rule 24(g) of the Department's regulations, we found the applicant qualified to provide the exemption services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Department policy; (2) grant of the authority was consistent with the public interest; and (3) grant of the authority would not constitute a major regulatory action under the Energy Policy and Conservation Act of 1975. To t he extent not granted, we denied all requests in the referenced

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

Persons entitled to petition the Department for review of the act ion 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 effective when taken, and the filing of a petition for review will

n ot alter such effectiveness.

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

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U.S. Carrier Exemption Conditions

In the conduct of the operat ions 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 op erations, 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 Department, contained in 14 CFR 205;

(5) Excep t 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 applicable requirements of the Federal Aviat ion 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 requirement s 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 Se curity 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 may be prescribed by the Department of Trans portation, 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 condition s imposed above.

1/2008