BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) JETBLUE AIRWAYS CORPORATION ) DOT-OST-2016- ) For a Statement of Authorization ) pursuant to 14 C.F.R. Part 212 (codesharing) ) ) APPLICATION OF JETBLUE AIRWAYS CORPORATION FOR A STATEMENT OF AUTHORIZATION Communications with respect to this document should be addressed to: James G. Hnat Evelyn D. Sahr Executive Vice President Corporate Affairs, Drew M. Derco General Counsel & Corporate Secretary Dayan M. Hochman Eckert Seamans et al. LLC Robert C. Land 1717 Pennsylvania Ave., N.W. Senior Vice President Government Twelfth Floor Affairs & Associate General Counsel Washington, D.C. 20006 Tel: (202) 659-6600 Adam L. Schless Fax: (202) 659-6699 Director, Aircraft Transactions & International Counsel Counsel for JetBlue Airways Corp. JetBlue Airways Corporation 1212 New York Avenue, N.W. Suite 1212 Washington, D.C. 20005 Tel: (202) 715-2557 May 25, 2016 Note: JetBlue requests expedited treatment of this application. It will poll U.S. carrier representatives and inform the Department of the results.
BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C. ) Application of ) ) JETBLUE AIRWAYS CORPORATION ) DOT-OST-2016- ) For a Statement of Authorization ) pursuant to 14 C.F.R. Part 212 (codesharing) ) ) APPLICATION OF JETBLUE AIRWAYS CORPORATION FOR A STATEMENT OF AUTHORIZATION Pursuant to 14 C.F.R. Part 212 of the Department s regulations, JetBlue Airways Corporation (JetBlue) hereby applies for a blanket Statement of Authorization permitting it to display the TP* designator code of TAP Portugal (TAP) on JetBlue-operated flights (1) between points in the United States in conjunction with TAP s services in foreign air transportation; and (2) between points in the United States and points in third countries (to the extent permitted by applicable bilateral agreements and relevant operating authorities). JetBlue requests its Statement of Authorization be granted for an indefinite period and urges the Department to act promptly on this application so that both carriers may begin marketing the proposed codeshare service, which they plan to implement on or about June 11, 2016. JetBlue will poll all U.S. carriers on the attached service list and inform the Department of the results. 1 1 JetBlue requests a waiver, to the extent necessary, of the 45-day advance filing requirement contained in 14 C.F.R. 212.10(d)(2). {N0223323.1}
In support of this application, JetBlue states as follows: 1. JetBlue and TAP recently entered into a codeshare agreement (the Agreement). 2 In order to implement the Agreement, JetBlue requests a Statement of Authorization permitting it to display the TP* designator code on JetBlue-operated flights (1) between points in the United States in conjunction with TAP s services in foreign air transportation; and (2) between points in the United States and points in third countries (to the extent permitted by applicable bilateral agreements and relevant operating authorities). 2. A list of the initial codeshare routes is attached hereto as Exhibit 1. 3. 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, 3 as well as certificate authority authorizing it to engage in foreign air transportation to open skies countries. 4 Pursuant to Rule 24 of the Department s Rules of Practice, JetBlue requests that the Department take official notice of all information and data that have been filed to establish its fitness. 4. TAP holds a foreign air carrier permit authorizing it to engage in foreign scheduled and charter foreign air transportation of passengers, property and mail from points behind any Member State of the European Union via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond. 5 2 A copy of the Agreement is attached as Exhibit 2. Sensitive personal and commercial information has been redacted from the Agreement. 3 See Order 2000-2-7 (February 4, 2000). 4 See Order 2007-7-3 (July 10, 2007). 5 See Order 2010-1-7 (January 13, 2010). {N0223323.1}
5. Approval of this application is in the public interest and consistent with the U.S. EU Open-Skies Agreement, which allows carriers to engage in cooperative marketing arrangements such as codeshare arrangements with airlines of either party or with third-party airlines. 6 The services proposed herein will represent a valuable service enhancement for passengers traveling between Portugal and the United States and are consistent with long-standing precedent and Department policy of granting applications for Statements of Authorization that involve implementation of codeshare/block space arrangements where those arrangements are pro-competitive and in the public interest. 6. Pursuant to the Department s Notice In the Matter of Blanket Notification of Code-Share Service to Open-Skies Partners and Points dated February 9, 2009, JetBlue hereby provides 30-day notice of its intent to engage in code-share services with TAP between open skies points. JetBlue will notify the Department no later than 30 days before commencing any codeshare services to non-open skies points pursuant to the terms of its Statement of Authorization in this docket. 7. JetBlue agrees to accept the standard conditions typically applicable to codeshare services authorized by the Department. JetBlue and TAP will abide by the consumer notification requirements of 14 C.F.R. Part 257 and any other applicable rules and regulations. 8. Approval of this application will have no effect on JetBlue s Civil Reserve Air Fleet obligations. 6 See U.S.-EU Open-Skies Agreement Article 10, Paragraph 10. {N0223323.1}
Wherefore, JetBlue respectfully requests that the Department issue it a blanket statement of authorization as described above, waive the 45-day advance notice provision in the Department s rules, and grant any additional relief as the Department deems appropriate in these circumstances that is consistent with the public interest. Respectfully submitted, Evelyn D. Sahr Drew M. Derco Dayan M. Hochman Eckert Seamans Cherin & Mellott, LLC May 25, 2016 Counsel for JetBlue Airways Corporation {N0223323.1}
Exhibit 1
Initial Codeshared Routes Between New York/Kennedy and Airport Code JFK Marketing Carrier Operating Carrier Austin AUS TAP Portugal JetBlue Boston BOS TAP Portugal JetBlue Buffalo BUF TAP Portugal JetBlue Charleston CHS TAP Portugal JetBlue Fort Lauderdale FLL TAP Portugal JetBlue Fort Meyers RSW TAP Portugal JetBlue Jacksonville JAX TAP Portugal JetBlue Washington/Dulles IAD TAP Portugal JetBlue West Palm Beach PBI TAP Portugal JetBlue Las Vegas LAS TAP Portugal JetBlue Los Angeles LAX TAP Portugal JetBlue New Orleans MSY TAP Portugal JetBlue Orlando MCO TAP Portugal JetBlue Chicago ORD TAP Portugal JetBlue Portland PWM TAP Portugal JetBlue Raleigh RDU TAP Portugal JetBlue Rochester ROC TAP Portugal JetBlue Savannah SAV TAP Portugal JetBlue San Juan SJU TAP Portugal JetBlue Seattle SEA TAP Portugal JetBlue San Francisco SFO TAP Portugal JetBlue Syracuse SYR TAP Portugal JetBlue Tampa TPA TAP Portugal JetBlue Burlington BTV TAP Portugal JetBlue Between Boston/Logan and BOS Marketing Carrier TAP Portugal Operating Carrier JetBlue Buffalo BUF TAP Portugal JetBlue Charleston CHS TAP Portugal JetBlue Chicago ORD TAP Portugal JetBlue Cleveland CLE TAP Portugal JetBlue Dallas DFW TAP Portugal JetBlue Denver DEN TAP Portugal JetBlue Detroit DTW TAP Portugal JetBlue
Fort Lauderdale FLL TAP Portugal JetBlue Fort Meyers RSW TAP Portugal JetBlue Las Vegas LAS TAP Portugal JetBlue Los Angeles LAX TAP Portugal JetBlue Washington/Baltimore BWI TAP Portugal JetBlue Washington/Reagan DCA TAP Portugal JetBlue Washington/Dulles IAD TAP Portugal JetBlue West Palm Beach PBI TAP Portugal JetBlue Jacksonville JAX TAP Portugal JetBlue Newark EWR TAP Portugal JetBlue New York/Kennedy JFK TAP Portugal JetBlue New Orleans MSY TAP Portugal JetBlue Orlando MCO TAP Portugal JetBlue Philadelphia PHL TAP Portugal JetBlue Raleigh RDU TAP Portugal JetBlue Richmond RIC TAP Portugal JetBlue San Francisco SFO TAP Portugal JetBlue Savannah SAV TAP Portugal JetBlue San Juan SJU TAP Portugal JetBlue Seattle SEA TAP Portugal JetBlue Tampa TPA TAP Portugal JetBlue
Exhibit 2
APPENDIX A DEFINED TERMS Affected Party has the meaning assigned to such term in Section 24.1. Affiliate means, with respect to any Person or entity, any other Person or entity directly or indirectly controlling, controlled by, or under common control with, such Person or entity. For purposes of this definition, control (including controlled by and under common control with ) means the power, directly or indirectly, to direct or cause the direction of the management and policies of such Person or entity, whether through the ownership of voting securities, by contract or otherwise. Agreement has the meaning assigned in the preamble to the Agreement. Agreement Date has the meaning assigned to such term in Section 15.1 Airline Guides means the printed and electronic data versions of the Official Airline Guide and the ABC World Airlines Guide, and their respective successors. Applicable Law means all applicable laws of any Government Authority, including but not limited to statutes, laws, rules, orders, regulations, ordinances, judgments, decrees, injunctions, writs, or like actions of any Government Authority (including but not limited to those relating to securities, tax, tariff and trade, and air transportation services), and the interpretations, licenses, and permits of any Government Authority. Assessment has the meaning assigned to such term in Section 18.4. Authorized Wet Lessor has the meaning assigned to such term in Section 4.9 Business Day means any day other than a Saturday, Sunday or other day in which banking institutions in New York, New York are required by law, regulation or executive order to be closed. Carrier Code Box means (i) for paper tickets, the field containing the two character airline designator code as defined in IATA Resolution 727, or (ii) for electronic (or e ) tickets the three alphanumeric characters contained in the Sold Airline Designator (Marketing Carrier) field as defined in IATA Resolution 722f. CBP means U.S. Customs and Border Protection. Code means the two (2) character identifier assigned to a carrier by IATA for the purpose of exchanging interline carrier messages in accordance with AIRIMP procedures. Codeshared Flight means a flight on which both Parties have placed their respective Codes, as set forth in more detail in this Agreement, including but not limited to in Section 4 and Annex 1. Codeshared Routes or Routes means the city pair markets set out in Annex 1. Codeshared Passenger means a passenger traveling on a Codeshared Flight.
Committee shall refer to a group of no more than two representatives of each Party who shall meet as provided in Section 21 of the Agreement. Conditions of Carriage means those conditions of contract tariffs and rules of carriage of a Party that govern the transport of passengers traveling on tickets showing such Party s Code in the Carrier Code Box of the flight coupon. Confidential Information means (a) all confidential or proprietary information of a Party, including, without limitation, trade secrets, information concerning past, present and future research, development, business activities and affairs, finances, properties, methods of operation, processes and systems, customer lists, customer information (such as passenger name record or PNR data) and computer procedures and access codes; (b) the terms and conditions of this Agreement and any reports, invoices or other communications between the Parties given in connection with the negotiation or performance of this Agreement; and (c) excludes (i) information already in a Party s possession prior to its disclosure by the other Party; (ii) information obtained from a third Person or entity that is not prohibited from transmitting such information to the receiving Party as a result of a contractual, legal or fiduciary obligation to the Party whose information is being disclosed; (iii) information that is or becomes generally available to the public, other than as a result of disclosure by a Party in violation of this Agreement; or (iv) information that has been or is independently acquired or developed by a Party, or its Affiliate, without violating any of its obligations under this Agreement. CRS means a computerized reservations system owned or operated by any entity, including either Party to this Agreement, that contains information about commercial airline schedules, fares, cargo rates, passenger and cargo tariff rules and flight availability that is made available to travel agents, cargo agents and other non airline entities to facilitate their ability to make reservations and issue tickets and air waybills. Damages means all third party claims, suits, causes of action, penalties, liabilities, judgments, demands, recoveries, awards, settlements, penalties, fines, losses and expenses of any nature or kind whatsoever (including, without limitation, internal expenses of the Indemnified Party, such as employee salaries and the costs of cooperating in the investigation, preparation or defense of claims) under the laws of any jurisdiction (whether arising in tort, contract, under the Warsaw Convention, as amended, or the Montreal Convention of 1999, as amended, and related instruments or otherwise), including reasonable costs and expenses of investigating, preparing or defending any claim, suit, action or proceeding (including post judgment and appellate proceedings or proceedings that are incidental to the successful establishment of a right of indemnification), such as reasonable attorneys fees and fees for expert witnesses, consultants and litigation support services. Disclosing Party has the meaning assigned to such term in Section Error! Reference source not found.. Excusable Delay has the meaning assigned to such term in Section20.1 Frequent Flyer Participating Carrier Agreements means the agreements, from time to time, between the Parties relating to the participation of one Party in the other Party s frequent flyer program. Governmental Approval means any authorization, license, certificate, exemption, designation, consent, order, permit, qualification, filing, registration or other approvals of Government Authorities that are reasonably required for the operation of the Codeshared Flights and to permit the transactions and activities contemplated by this Agreement.
Government Authority means any supranational, national, federal, state, county, local, regulatory or municipal government body, bureau, commission, board, board of arbitration, instrumentality, authority, agency, court, department, inspectorate, minister, ministry, official or public or statutory person (whether autonomous or not) having jurisdiction over this Agreement or either Party. IATA means the International Air Transport Association. IATA Clearing House means the clearing house established by IATA to administer and implement revenue settlement by reference to the Revenue Accounting Manual published by IATA. IATA PMP has the meaning assigned in Section 7.3 (a). Implementation Date means the date of the first codeshare service operated under this Agreement. Inadmissible Passengers has the meaning defined in IATA Resolution 701, as modified, supplemented or amended from time to time. Indemnification Notice has the meaning assigned to such term in Section 16.3. Indemnified Party has the meaning assigned to such term in Section 16.3. Indemnifying Party has the meaning assigned to such term in Section 16.3. Initial Term has the meaning assigned to such term in Section 15.1. Interline Service Charge means the payment by the carrier lifting the coupon to the Ticketing Carrier, according to the Interline Traffic Agreement for the Ticketing Carrier s sales costs. Interline Traffic Agreement or ITA means any bilateral agreement, from time to time, between the Parties relating to the interlining of passengers and baggage. Marketing Carrier means the air carrier who s Code is shown in the Carrier Code Box of a flight coupon for a Codeshared Flight but which is not the Operating Carrier. Marketing Carrier Reviews has the meaning assigned to such term in Section 4.9 Mutual Emergency Assistance Agreement means the agreement between the Parties relating to provision of assistance by one Party to the other Party in the event of aircraft emergency. Operating Carrier means the air carrier having operational control of an aircraft used for a given Codeshared Flight. Normal Fare has the meaning assigned to such term in the IATA Prorate Manual Passenger Part 1, Section E. Party or Parties means either or both of TAP Portugal and JetBlue, as the context requires. Person means any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization.
Renewal Term has the meaning assigned to such term in Section 15.1. Representatives has the meaning assigned to such term in Section Error! Reference source not found.. Reservations System means the internal computerized airline passenger or cargo reservations system used by the personnel of an airline that contains information about flight schedules, fares, cargo rates, passenger and cargo tariff rules and seat availability of that airline and other carriers, and provides the ability to make reservations and issue tickets or air waybills. Rules has the meaning assigned to such term in Section21.4. Special Prorate Agreement means any bilateral agreement, from time to time, between the Parties relating to the proration of interline revenue. Taxes means all taxes, assessments, fees, levies, imposts, duties, stamp taxes, documentary taxes or other charges of a similar nature, including, without limitation, income taxes, value added taxes, sales taxes, excise taxes, transactional taxes, exchange control taxes and/or fees, and interest and penalties related to the foregoing, but excluding Ticket Taxes, that may be imposed by any Competent Authority Term has the meaning assigned to such term in Section Error! Reference source not found.. Termination Date means 23:59 Coordinated Universal Standard Time on the date provided in the notice of termination given for termination of the Agreement. Ticketing Carrier means a carrier whose traffic documents are used to issue a ticket. Ticket Handling Fee means the payment by the carrier lifting the coupon to the Ticketing Carrier for expenses incurred as a result of issuing the ticket. Such payment is a percentage, agreed upon bilaterally by the Parties, of the value billed by the carrier that lifted the coupon. Ticket Taxes means any transactional taxes or passenger facility charges, including, without limitation, sales taxes, use taxes, stamp taxes, excise taxes, value added taxes, gross receipts taxes, departure taxes, surcharges and travel taxes, and all related charges, fees, licenses or assessments (and any interest or penalty thereon) imposed on passengers (or which air carriers or their agents are required to collect from passengers) by any authority in any country, or political subdivision thereof or public authority operating therein (including, without limitation any national, federal, state, provincial, territorial, local, municipal, port or airport authority) or which are levied upon passengers by operation of Applicable Law or industry standard. Ticket Taxes together with the taxes referred to in Section Error! Reference source not found. are collectively referred to as Taxes. $ or US$ or Dollars means lawful currency of the United States of America. U.S. or United States means the fifty states of the United States of America, the District of Columbia and the Commonwealth of Puerto Rico. USCIS means U.S. Citizenship and Immigration Services. Wetleased Codeshared Flights shall have the meaning assigned to such term in Section 4.1.
CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served by electronic mail this 25th day of May, 2016, on the following: robert.wirick@aa.com howard.kass@aa.com alex.krulic@delta.com chris.walker@delta.com nssparks@fedex.com gmurphy@crowell.com steve.morrissey@united.com dan.weiss@united.com anita.mosner@hklaw.com jennifer.nowak@hklaw.com rpommer@atlasair.com kevin.montgomery@polaraircargo.c om Joan.canny@amerijet.com jrichardson@johnlrichardson.com cristinasa@state.gov john.s.duncan@faa.gov brett.kruger@dot.gov robert.finamore@dot.gov benjamin.taylor@dot.gov brian.hedberg@dot.gov info@airlineinfo.com American Airlines Delta Air Lines FedEx Express United Airlines UPS Airlines Atlas Air Polar Air Amerijet State/FAA/DOT AirlineInfo Drew M. Derco {N0223323.1}