UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY WASHINGTON, DC

Issued by the Department of Transportation on September 26 , 20 1 1

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 20 1 1

- 0174

_ ______________________________________________________________________________________ This serves as notice to the public of the action s described below, taken by the Department official indicated (no additional confirming order will be issued in this mat ter).

Application of JETBLUE AIRWAYS CORPORATION (JetBlue) filed 9/15 / 1 1

, as amended 9/16/11

, 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 Fort Lauderdale, Florida, and Bogota, Colombia. 1

XX Allocation of seven U.S.

- Colombia weekly combination frequencies, available immediately, to provide daily service between Fort Lauderdale, Florida, and Bogota, Colombia. 2

Applicant rep s : Jonathan B. Hill (202) 776

- 2000 DOT Analyst: Brett D. Kruger (202) 366

- 8025

DISPOSITION

XX Granted exemption authority (subject to conditions, see below )

XX Granted allocation of seven frequencies (subject to conditions, see below)

The above action granting exemption authority was effective when taken: September 26 , 2011

, through September 26 , 2013

.

The above action allocating frequencies was effective when taken: September 26

, 20 1 1

, and will remain in effect indefinitely, subject to the conditions below

.

Action taken by: Paul L. Gretch, Director

O ffice of International Aviation

XX The authority granted is consistent with the aviation agreement between the United States and

Colombia

.

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

indicated:

XX Holder ’s certificates of public convenience and necessity

XX Standard exemption conditions (attached)

1 JetBlue also requested certificate authority to engage in scheduled foreign air transportation of persons, property, and mail between Fort Lauderdale, Florida, and Bogota, Colombia. We will address that request separately.

2 JetBlue states that it plans to begin daily non

- stop service

, on a year

- round basis, from Fort Lauderdale to Bogota

, beginning on or about January 15, 2012. JetBlue requests allocation from the frequencies available January 1, 2012 or, if available, from the frequencies that are available immediately. We are granting the request of JetBlue for seven frequencies that are available immediately.Remarks : We are act ing on this application , in the public interest, without awaiting expiration of the answer period

. By letter submitted to the instant docket on September 26, 2011, JetBlue advises that

, in order to begin services by its proposed start

- up date, it must file a n application with the Colombian Government (including evidence of Department authority) no later than September 27, 2011. JetBlue states that it has polled all parties served with the application and has received no objection from any party ; however, Spi rit Airlines, Inc. (Spirit) has advised that it will not respond by close of business, September 26, 2011. 3 We find

that the public interest w ould best be served by acting on JetBlue’s application without awaiting expiration of the answer period , rather than leaving the frequencies to go unused

.

With our action here, there are 14 U.S.

- Colombia combination frequencies available for allocation to U.S.

carriers for operations beginning immediately and 21 U.S. Colombia combination frequencies available for allocation to U.S. carriers for operations beginning January 1, 2012. 4

Conditions: Consistent with our standard practice, the frequencies allocated here are subject to our standard

90

- day dormancy condition, wherein any frequency not operated for a period of 90 days (once inaugurated and for any reason other than seasonal use), will be deemed dormant and the allocation as to that frequency will expire automatically and the frequency will revert to the Department for reallocation.

In addition, consis tent with our practice in awarding U.S.

- Colombia frequencies, we will require that JetBlue inaugurate service with the frequencies allocated here within 1 0 days of its proposed startup date of January

15 , 201 2. Failure to inaugurate service with a newly a llocated frequency within 1 0 days of the proposed

star t up date will result in the unused frequency reverting to the Department.

_______________________________________________________________________________________ On the basis of data officially noticea ble under Rule 24(g) of the Department's regulations, we found the applicant qualified to provide the services authorized.

Under authority assigned by the Department in its regulations, 14 CFR Part 385, we found that (1) our action was consistent with Dep artment 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 the extent not granted, we denied all requests in the referenced Docket s

. 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 t he action s 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 not

alter such effectiveness.

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

3 See Letter from JetBlue dated September 26, 2011, in this Docket.

4 We note that Spirit Airlines, Inc. has file d an application in Docket DOT

- OST

- 2011

- 0175, for 14 U.S.

- Colombia combination frequencies , proposing to begin service in April 2012 . We will handle that request separately.ATTACHMENT

U.S. Carrier Exemption Conditions

In the conduct of the operations 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 operations, 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) Except 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 Aviation Administration, the Transportation Security Administration, and with all applicable U.S. Government requirements concerning security, including, but not l imited to, 49 CFR Part 1544. To assure compliance with all applicable U.S. Government requirements concerning security, the holder shall, before commencing any new service (including charter flights) to or from a foreign airport, contact its Principal Sec urity Inspector (PSI) to advise the PSI of its plans and to find out whether the Transportation Security Administration has determined that security is adequate to allow such airport(s) to be served; and

(7) Comply with such other reasonable terms, condi tions, and limitations required by the public interest as may be prescribed by the Department of Transportation, 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 conditions imposed above.

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