BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

Application of ) 

 ) 

JetBlue Airways Corporation ) 

 ) 

 ) Docket DOT-OST-2013- 

For a Statement of Authorization ) 

Pursuant to 14 C.F.R. Part 212 Code-sharing ) 

__________________________________________) 

APPLICATION OF JETBLUE AIRWAYS CORPORATION 

FOR A STATEMENT OF AUTHORIZATION 

Communications with respect to this document should be directed to: 

James G. Hnat Jonathan B. Hill 

Executive Vice President Corporate Affairs J. Parker Erkmann 

& General Counsel Dow Lohnes PLLC 

 

Robert C. Land 1200 New Hampshire Ave., NW 

Senior Vice President Government Suite 800 

Affairs and Associate General Counsel Washington, DC 20036 

 (202) 776-2000 

JetBlue Airways Corporation jhill@dowlohnes.com 

27-01 Queens Plaza North perkmann@dowlohnes.com 

Long Island City, NY 11101 

(718) 709-3089 

 

Counsel for 

JetBlue Airways Corporation 

NOTICE: Answers to this application are due on or before March 6, 2013. Copies of such 

answers should be served on the undersigned and all persons named on the 

attached service list. 
 

2 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

Application of ) 

 ) 

JetBlue Airways Corporation ) 

 ) 

 ) Docket DOT-OST-2013- 

For a Statement of Authorization ) 

Pursuant to 14 C.F.R. Part 212 Code-sharing ) 

__________________________________________) 

APPLICATION OF JETBLUE AIRWAYS CORPORATION 

FOR A STATEMENT OF AUTHORIZATION 

 JetBlue Airways Corporation (“JetBlue”) recently entered into an agreement with Aer 

Lingus Limited (“Aer Lingus”) which contemplates that JetBlue will place Aer Lingus’ “EI” 

designator code on flights operated by JetBlue between any points within the United States in 

conjunction with services held out by Aer Lingus between the European Union and the United 

States (either nonstop or via third-country intermediate points).1

 JetBlue therefore respectfully 

requests that the Department of Transportation (“Department”) issue JetBlue a blanket statement 

of authorization under 14 C.F.R. Part 212 that would permit JetBlue to display Aer Lingus’ “EI” 

designator code on JetBlue’s flights between points in the United States.2 JetBlue requests that 

the Statement of Authorization remain in effect for a period of unlimited duration (subject to the 

Department’s usual conditions). 

 JetBlue wishes to begin the code-share services on or about April 1, 2013. JetBlue 

respectfully requests the Department’s prompt approval of this application so that the marketing 

and sale of new code-share services can begin without delay. In that regard, JetBlue requests a 

waiver of the Department’s 45-day advance notice requirement in order to effectuate this 

arrangement. 

 

1

 A copy of the parties’ code-share agreement is attached hereto as Exhibit 2. 

2

 A list of the initial code-sharing routes is attached hereto as Exhibit 1. JetBlue and Aer Lingus request that the 

Department treat this application as the 30-day notice of the code-share service set forth in Exhibit 1 that is required 

under the standard terms and conditions of an approved Statement of Authorization. 
 

3 

 In support of its application, JetBlue submits the following: 

1. JetBlue and Aer Lingus have entered into a code-share agreement to display Aer Lingus’ 

“EI” code on certain of JetBlue’s flights (persons, property and mail), which code-share services 

JetBlue wishes to begin on or about April 1, 2013. Therefore, JetBlue requests a statement of 

authorization for blanket code-share authority to display Aer Lingus’ “EI” designator code on 

flights operated by JetBlue between points within the United States in conjunction with services 

held out by Aer Lingus between the European Union and the United States (either nonstop or via 

third-country intermediate points). 

2. JetBlue currently holds certificate authority issued by the Department authorizing it to 

engage in scheduled interstate air transportation of persons, property and mail between any 

points in the United States. See Order 2000-2-7. 

3. Aer Lingus holds a foreign air carrier permit issued by Order 2007-10-38 authorizing it to 

provide service to and from the United States to the full extent permitted by the U.S.-EU Open 

Skies Agreement. Aer Lingus thus holds the appropriate underlying DOT authority necessary 

for the proposed code-share services. 

4. Approval of this Application is consistent with the applicable bilateral and multilateral air 

transport agreements and the public interest. The proposed code-share services are consistent 

with the terms of the United States open skies agreement with the European Union.3

 These 

services will represent a valuable service enhancement for passengers traveling between the 

United States and the European Union. 

5. Moreover, approval of this application is consistent with long-standing precedent and 

Department policy. The Department has consistently granted applications for statements of 

authorizations involving implementation of various code-share/block space arrangements where 

those arrangements were pro-competitive and in the public interest. There is no question that 

this Application satisfies that standard, as it will enable Aer Lingus and JetBlue to offer the 

 

3 See Air Transport Agreement between the United States and the European Union, Annex 5(2) (signed Apr. 30, 

2007). 
 

4 

flying public an enhanced network and more services. In addition, the Department has 

confirmed in its international aviation policy statement that code-share/block space arrangements 

are in the public interest as they provide the benefits of increased service and competition: 

Code sharing and other cooperative market agreements can provide a cost 

efficient way for carriers to enter new markets, expand the system and obtain 

additional flow traffic to support their operations by using existing facilities and 

scheduled operations. 

59 Fed. Reg. at 55525 (Nov. 7, 1994). 

6. JetBlue agrees to accept the conditions normally applicable to code-share authority such 

as requested herein. 

7. This application raises no environmental or energy issues. Since approval is sought only 

to add Aer Lingus’ designator code on flights that are being operated by JetBlue, grant of this 

application will not result in a near-term increase in fuel consumption of 10 million gallons or 

more. For the same reasons, all flights will be operated with Stage 3-compliant aircraft, and 

approval will not result in an increase in noise levels. 

8. JetBlue requests that the blanket statement of authorization be issued for an indefinite 

period so long as the code-share agreement continues in effect. JetBlue will notify the 

Department if that agreement should cease to be effective. 

9. A blanket code-share authorization is consistent with the Department’s efforts to reduce 

the administrative burden on both carrier applicants and the Department, because it would 

eliminate the need for JetBlue to seek a new or amended statement of authorization every time 

new code-share services are to be implemented. In addition, if blanket authority is granted, 

JetBlue could implement the new services without delay due to the regulatory process. The 

traveling public would benefit from such new services being available more rapidly. 

10. Aer Lingus and JetBlue agree to abide by the consumer notification requirements of 14 

C.F.R. Part 257.