UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

OFFICE OF THE SECRETARY

WASHINGTON, DC

Issued by the Department of Transportation o n May 20

, 20 1 3

NOTICE OF ACTION TAKEN

-- DOCKET DOT

- OST

- 2013

- 0099

__________________________________________________________________________________________________ This serves a s notice to the public of the action described below, taken by the Depar t ment offic i al indicated

(no addit i onal confir m ing order will be issued in this matter).

Application o f JETBLUE AIRWAYS CORPORATION (JetBlue ) filed May 9, 2013

.

X X Exemption for two y ears under 4 9 U. S .C. 40 1 09 to provide t h e following ser v ice:

Scheduled foreign air transportation of persons, property

, and mail between the United States and Haiti. 1

Applicant rep: Jonathan B. Hill (202) 776

- 2725

DOT Anal y st: Darren Jaffe (202) 366

- 2512

D I S P O S I T I O N

X X Granted , exemption authority (subject to conditions ) 2

The above action granting exemption authority was effective when taken: May 20

, 20 1 3

, t h rou g h Ma y 20

, 20 1 5

.

Action taken by: Paul L. Gretch, Director

Office of International Aviation

X X The authority gran t ed is consistent with the overall state of aviation relations between the United States and

Haiti

.

Except to the extent exe m pted or waived, this authori t y is subject to the ter m s, c o nditions, and li m i t ations indicated:

XX Holder’s c ertificates of public convenience and nece s sity

XX Standard exempt io n conditions (attached)

_____________________________________________________________________________________________

On the basis of data officially noticeable under Rule 24(g) of the Depar t ment ’ s regulations, we found the applicant

qu a lified to provide the servic e s authorized.

Under author i ty assigned by the Department in its regulations, 14 CFR Part 385, we found th at (1) our action was

c o nsistent with Department policy; (2) g ra n t of the au th ori t y was consistent with the public interest; and (3) grant of th e

authori t y w ould not con s titute a major regulato r y action under the Energy Policy and C onservation Act of 1975. To the

extent not granted, we denied all requests in the referenced Docket. We may amend, m odif y

, or r e voke the aut h ori t y

granted in this Notice at any ti m e without hear i ng at our discretion.

1 JetBlue requests that this exemption be added to its consolidated certificate issued under Docket DOT

- OST

- 2005

- 22228 for non

limited entry markets. We will handle that request sep arately.

2 The Department is acting on JetBlue’s application prior to the expiration of the 15

- day answer period with the consent of all parties

served.Persons entitled to petition the Department for review of the action set forth in this Notice under the Depar t ment’s

regulations, 14 CFR §385.30, m ay file t h eir petitions wit h in seven (7) d a y s after the date of issuance of this Notice. This

action was effective w h en taken, and t h e filing of a petition for r e view will not alter such effectivene ss

.

An elect ro n ic v e r s i o n o f t h i s do c u m e n t is a v aila b le o n t h e W or ld W i d e W eb at:

h tt p: // www

. r e gu l a ti on s .gov

### AT T AC H MENT

U.S. Carrier Exemption Conditions

In the conduct of the operations author i zed, the U.S. carrier applicant(s) shall:

(1) Hold at all ti m es ef f

ective operating authority from the govern m ent of each country

served;

(2) Co mply with applicable require m ents concerning oversales contained in 14 CFR 250

(for scheduled operati o ns, if authorized);

(3) Co mply with the require m ents for reporting data contained in 14 CFR 241;

(4) Co mply with req u ir e m ents f or m i ni m u m insurance coverage, and for certifying that

coverage to the Departmen t , contained in 14 CFR 205;

(5) Exce p t as specifically exe m pted or otherwise provided f or in a Depart m ent Order,

co mply with the require m ents of 14 CFR 203, concerning waiver of W arsaw Convention

lia b ility li m its and de f e n ses;

(6) Co mply with all ap p lica b le r equire m ents of the Feder a l Aviation Ad m i nistration, the

Transportation Security Ad m i nistration, and with all ap p licable U.S. Govern m ent

require m ents concerning security, including, but not li m ited to, 49 CFR Part 1544. T o

assure co m plian c e with a ll ap p lica b le U.S. Govern m ent require m ents concerning

security, the holder shall, before com m encing any new service (including charter flights)

to or from a foreign airport, co n t act its Principal Security Inspector (PSI) to advise the

PSI of its plans and to find out whether t h e T ransportation S ecurity Administration has

deter m ined that sec u rity is adequate to allow such airport(s) to be served;

(7) Co mply with such other reasonable t e r m s, conditions, and li m itations required by the

public interest as m ay be prescribed by the Depart m ent of Transportation, with all

applicable orders and regulations of other U.S. agencies and courts, and w ith all

appli c able l a ws of the United States.

The authority granted shall be effective only during the period when the holder is in

co mpliance with the conditions i m posed above.

1/2008