BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of JETBLUE AIRWAYS CORPORATION Docket No. OST-2013-0147 For an exemption from 49 U.S.C. 40109 (U.S. - South Africa codesharing APPLICATION OF JETBLUE AIRWAYS CORPORATION FOR RENEWAL OF AN EXEMPTION Communications with respect to this application should be addressed to: James G. Hnat Executive Vice President General Counsel & Government Affairs Evelyn D. Sahr Jonathan T. Linde Eckert Seamans Cherin & Mellott, LLC 1717 Pennsylvania Ave., N.W. Twelfth Floor Robert C. Land Senior Vice President Government Affairs & Associate General Counsel Washington, D.C. 20006 Tel: (202 659-6600 Adam L. Schless Fax: (202 659-6699 Director, Aircraft Transactions & International Counsel JetBlue Airways Corporation 1212 New York Avenue Suite 1212 Washington, D.C. 20005 Tel: (202 715-2557 Counsel for JetBlue Airways Corporation June 11, 2015
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. Application of JETBLUE AIRWAYS CORPORATION Docket No. OST-2013-0147 For an exemption from 49 U.S.C. 40109 (U.S. - South Africa codesharing APPLICATION OF JETBLUE AIRWAYS CORPORATION FOR RENEWAL OF AN EXEMPTION Pursuant to 49 U.S.C. 40109 and Subpart C of the Department s Rules of Practice, JetBlue Airways Corporation (JetBlue applies for renewal of its exemption authority to provide codeshare only service between the United States and South Africa by virtue of its codeshare agreement with South African Airways (SAA. JetBlue respectfully requests that this exemption be renewed for a period of at least two (2 years. In support of this renewal application, JetBlue respectfully states as follows: 1. JetBlue is a corporation organized under the laws of the state of Delaware with its principal place of business at 27-01 Queens Plaza North, Long Island City, NY 11101. 2. JetBlue is a citizen of the United States as that term is defined in 49 U.S.C 40102(a(15. JetBlue s President and at least two-thirds of the members of its board of directors and managing officers are citizens of the United States, and at least 75 percent of JetBlue s voting stock is owned by citizens of the United States.
3. JetBlue holds a Certificate of Public Convenience and Necessity for Interstate Air Transportation 1 and a Certificate of Public Convenience and Necessity for Foreign Air Transportation. 2 JetBlue is well qualified to provide the services proposed herein and respectfully requests the Department take official notice of all information contained in these dockets and orders pursuant to Rule 24. 4. By Notice of Action Taken, issued August 30, 2013, the Department granted JetBlue an exemption to provide codeshare only service (1 between any point or points in the United States and Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, South Africa; and (2 between any point or points in the United States, via the intermediate point Dakar, Senegal, 3 and Johannesburg, Cape Town, Durban, East London, and Port Elizabeth, South Africa. 4 5. SAA currently holds a corresponding Statement of Authorization under 14 C.F.R. Part 212 to display the B6* designator code of JetBlue on flights operated by SAA (1 from SAA s U.S. gateways to Johannesburg and beyond to points in South Africa; and (2 from SAA s U.S. gateways to Dakar, Senegal as an intermediate point on SAA s authorized U.S.-South Africa services. 5 6. The Department has previously determined that the exemption authority sought in this renewal application is consistent with the United States-South Africa Air Transport Agreement. 6 1 See Order 2000-2-7, February 4, 2000. 2 See Order 2007-7-3, May 7, 2007. 3 In its NOAT, the Department acknowledged JetBlue s underlying authority to serve Senegal pursuant to its Blanket Open Skies Certificate (See Order 2007-7-3. 4 See Notice of Action Taken, DOT-OST-2013-0147 (August 30, 2013. 5 See Notice of Action Taken, DOT-OST-2013-0146 (August 30, 2013. 6 See supra, note 4.
7. Renewal of this authority is in the public interest will continue to provide the traveling public in both countries with expanded access to new travel opportunities between the United States and South Africa. 8. Pursuant to 14 C.F.R. 377.10, JetBlue intends to rely on the Administrative Procedures Act, 5 U.S.C. 558(c implemented by Part 377, to continue in effect its current exemption authority pending a final determination on this renewal application. JetBlue s current exemption authority is effective through August 30, 2015. Accordingly, this renewal application is timely filed under the provisions of Part 377. WHEREFORE, JetBlue respectfully requests the Department renew its current exemption authority as discussed herein. Respectfully submitted, Evelyn D. Sahr Jonathan T. Linde Eckert Seamans Cherin & Mellott, LLC 1717 Pennsylvania Avenue, N.W. Twelfth Floor Washington, D.C. 20006 Tel: (202 659-6622 Fax: (202 659-6699 June 11, 2015 Counsel for JetBlue Airways Corporation
CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing Application of JetBlue Airways Corporation for an Exemption was served by electronic mail this 11th day of June 2015 on the following: robert.wirick@aa.com howard.kass@aa.com abigail.donovan@aa.com sascha.vanderbellen@delta.com chris.walker@delta.com gmurphy@crowell.com sseiden@crowell.com dan.weiss@united.com steve.morrissey@united.com anita.mosner@hklaw.com jennifer.nowak@hklaw.com nssparks@fedex.com sllunsford@fedex.com rpommer@atlasair.com charters@evergreenairlines.com Kevin.montgomery@polaraircargo.com cristinasa@state.gov john.s.duncan@faa.gov robert.finamore@dot.gov brett.kruger@dot.gov brian.hedberg@dot.gov darren.jaffe@dot.gov reese.davidson@dot.gov info@airlineinfo.com American Airlines Delta Air Lines United Airlines UPS FedEx Atlas Evergreen Polar