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 C ounsel 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 und ersigned 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”) r ecently entered into an agreement with Aer Lingus Limited (“Aer Lingus”) which contemplates that JetBlue will pl ace Aer Lingus’ “EI” designator code on flights operated by JetBlue be tween any points within the United States in conjunction with services held out by Aer Li ngus between the European Union and the United States (either nonstop or via thir d-country intermediate points). 1 JetBlue therefore respectfully requests that the Department of Transportation (“Department”) i ssue JetBlue a blanket statement

of authorization under 14 C.F.R. Part 212 that wo uld 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 se rvices on or about April 1, 2013. JetBlue respectfully requests the Department’s prompt appr oval of this application so that the marketing and sale of new code-share services can begin wi thout delay. In that re gard, JetBlue requests a waiver of the Department’s 45-day advance noti ce 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 (perso ns, property and mail), whic h code-share services JetBlue wishes to begin on or about April 1, 201 3. Therefore, JetBlue requests a statement of

authorization for blanket code-s hare 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 Uni on 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 transpor tation of persons, propert y and mail between any points in the United States. See Order 2000-2-7.

3. Aer Lingus holds a foreign air carrier perm it 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 wi th the applicable bilateral and multilateral air transport agreements and the public interest. Th e 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 e nhancement for passengers traveling between the United States and the European Union.

5. Moreover, approval of this application is consistent with long-s tanding precedent and Department policy. The Department has consiste ntly granted applications for statements of authorizations involving implem entation 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 st atement that code-share/block space arrangements are in the public interest as they provide th e benefits of increased service and competition:

Code sharing and other cooperative mark et agreements can provide a cost efficient way for carriers to enter new markets, expand the system and obtain additional flow traffic to support their ope rations by using existing facilities and scheduled operations.

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

6. JetBlue agrees to ac cept the conditions normally applicable to code-s hare 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 issu ed for an indefinite period so long as the code-share agreement c ontinues in effect. JetBlue will notify the Department if that agreement should cease to be effective.

9. A blanket code-share authoriza tion is consistent with the De partment’s efforts to reduce the administrative burden on both carrier app licants 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 withou t delay due to the regulatory process. The traveling public would benefit from such ne w services being avai lable more rapidly.

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

C.F.R. Part 257.