BEFORE THE
DEPARTMENT OF TRANSPORTATION
WASHINGTON, D.C.
__________________________________________
Application of
)
)
JetBlue Airways Corporation
)
)
)
For a Statement of Authorization
)
Pursuant to 14 C.F.R. Part 212 Code-sharing
)
__________________________________________)
Docket DOT-OST-2013-
APPLICATION OF JETBLUE AIRWAYS CORPORATION
FOR A STATEMENT OF AUTHORIZATION
Communications with respect to this document should be directed to:
James G. Hnat
Executive Vice President Corporate Affairs
& General Counsel
Jonathan B. Hill
J. Parker Erkmann
Dow Lohnes PLLC
Robert C. Land
Senior Vice President Government
Affairs and Associate General Counsel
1200 New Hampshire Ave., NW
Suite 800
Washington, DC 20036
(202) 776-2000
jhill@dowlohnes.com
perkmann@dowlohnes.com
JetBlue Airways Corporation
27-01 Queens Plaza North
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.
BEFORE THE
DEPARTMENT OF TRANSPORTATION
WASHINGTON, D.C.
__________________________________________
Application of
)
)
JetBlue Airways Corporation
)
)
)
For a Statement of Authorization
)
Pursuant to 14 C.F.R. Part 212 Code-sharing
)
__________________________________________)
Docket DOT-OST-2013-
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.
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.
2
2
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).
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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.
4