BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C.

 

 ) 

Application of ) 

 ) 

JetBlue Airways Corporation ) Docket 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 & J. Parker Erkmann 

General Counsel Dow Lohnes PLLC 

Robert C. Land 1200 New Hampshire Ave., NW 

Associate General Counsel & Suite 800 

Senior Vice President for Government Washington, DC 20036 

Affairs (202) 776-2000 

JetBlue Airways Corporation jhill@dowlohnes.com 

27-01 Queens Plaza North perkman@dowlohnes.com 

Long Island City, NY 11101 

(718) 709-3089 

 

Counsel for 

JetBlue Airways Corporation 

March 14, 2013 
1 

BEFORE THE 

DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C.

 

 ) 

Application of ) 

 ) 

JetBlue Airways Corporation ) Docket 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 Qatar 

Airways q.c.s.c (“Qatar” or “QR”) which contemplates that JetBlue will place QR’s QR* 

designator code on JetBlue’s flights between points in the United States for the purpose of 

transporting passengers to and from points served by JetBlue as provided in the Codeshare 

Agreement between Qatar and JetBlue Airways Corporation (Codeshare Agreement).1 JetBlue 

therefore respectfully requests that the Department of Transportation (“Department” or “DOT”) 

issue a blanket Statement of Authorization under Part 212 of the Department’s regulations to 

permit JetBlue to display QR’s QR* designator code in conjunction with foreign air 

transportation of persons, property and mail on routings involving the United States and Qatar on 

JetBlue’s flights (a) between any points in the United States and (b) between any point or points 

in the United States and any point or points in third countries that have Open Skies Agreements 

 

1 A copy of the Codeshare Agreement is attached hereto as Exhibit 1.
2 

with the United States. A list of the initial code-sharing routes is attached hereto as Exhibit 2.2

 

JetBlue and Qatar plan to initiate the proposed codeshare services on the routes listed in Exhibit 

2 on or about April 15, 2013.3

JetBlue respectfully asks that the Department award the requested authority promptly to 

facilitate marketing and advance sales of these new codeshare services. In that regard, JetBlue 

requests a waiver of the Department’s 45-day advance notice requirement in 14 C.F.R. § 

212.10(d)(2) in order to effectuate this arrangement.

In support of this application, JetBlue respectfully states as follows: 

1. JetBlue requests a blanket Statement of Authorization to enable it to place QR’s 

QR* designator code on points served by JetBlue with the initial markets for these operations 

listed in Exhibit 2. JetBlue requests a blanket Statement of Authorization at this time to provide 

it with the flexibility to quickly expand this relationship to additional points (including foreign 

destinations served by JetBlue) in the future. 

2. JetBlue plans to commence these codeshare services on or about April 15, 2013 

with service on the routes listed in Exhibit 2. For this reason, JetBlue respectfully requests that 

the Statement of Authorization requested herein be granted expeditiously and remain in effect for 

an indefinite period. JetBlue hereby provides notice of intent to engage in codeshare services 

with Qatar between open skies points. JetBlue also agrees to notify the Department no later than 

30 days before commencing any codeshare services with Qatar to non-open skies points and to 

inform the Department of the codeshare market(s) to be served and the date on which the 

services will begin. 

 

2

 JetBlue and Qatar request that the Department treat this application as the 30-day notice 

of the codeshare service set forth in Exhibit 2 that is required under the standard terms and 

conditions of an approved Statement of Authorization. 

3 JetBlue will be polling this Application.
3 

 3. Approval of this Application is consistent with applicable bilateral and 

multilateral air transport agreements and the public interest. The proposed codeshare services 

are consistent with the terms of the Open Skies Memorandum of Understanding on Air 

Transportation between Qatar and the United States, as amended.4

 These services will represent 

a valuable service enhancement for passengers traveling between the United States and the 

United Arab Qatar. 

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

and Department policy. The Department has consistently granted applications for Statements of 

Authorization involving implementation of various codeshare/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 Qatar and JetBlue to offer the flying 

public an enhanced network and more services. In addition, the Department has confirmed in its 

international aviation policy statement that codeshare/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. 

60 Fed. Reg. 21,841, 21,842 (May 3, 1995). 

 

4 See Air Transport Agreement between the Government of the United States and the 

Government of Qatar October 3, 2001.
4 

5. JetBlue5

 and QR6 already hold the broad underlying authority to 

conduct operations on the codeshare routes, and thus only a Statement of Authorization is 

required to institute these services. 

 6. JetBlue and QR will conduct their code-sharing activities in compliance with Part 

257 of the Department’s economic regulations and any other applicable rules and regulations. 

JetBlue and QR accept the Department’s standard conditions on code-sharing services. 

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

Fleet commitments. All flights will be operated with Stage 3-compliant aircraft, 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 a Statement of 

Authorization authorizing JetBlue to place QR’s QR* designator code on JetBlue’s flights (a) 

between any points in the United States and (b) between any point or points in the United States 

and any point or points in third countries that have Open Skies Agreements with the United 

States or that JetBlue holds operating authority granted by DOT; that the Department waive its 

advance notice provisions; and that the Department grant such other or further relief as it deems 

appropriate and consistent with the public interest. 

 

5

 JetBlue 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, as well as certificate authority for foreign air transportation to 

open skies countries, see Order 2007-7-3.

6

 Qatar holds a foreign air carrier permit issued pursuant to 49 U.S.C § 41301 that 

authorizes QR to provide scheduled foreign air transportation of persons, property and mail 

serving points behind Qatar, between Qatar and the United States via intermediate points, and 

beyond the United States. See Order 2008-9-12 in Docket DOT-OST-2006-24538.