SEC Comment Letter for JETBLUE AIRWAYS CORP (JBLU) (CIK 0001158463) (JBLU) — Jul 13, 2009
JETBLUE AIRWAYS CORP (JBLU) (CIK 0001158463)
Date: July 13, 2009 · CIK: 0001158463 · Accession: 0000000000-09-036826
AI Filing Summary & Sentiment
Reasoning
File numbers found in text: 000-49728
Referenced dates: June 4, 2009, May 20, 2009
Letter
Mail Stop 3561 July 10, 2009 Via U.S. Mail and Facsimile Edward Barnes Chief Financial Officer JetBlue Airways Corporation 118-29 Queens Boulevard Forest Hills, New York 11375 RE: JetBlue Airways Corporation Form 10-K for the fiscal year ended December 31, 2008 File No. 000-49728
Dear Mr. Barnes:
We have reviewed your response letter dated June 4, 2009 and have the following comments. Where indicated, we think you s hould revise your document in response to these comments and comply with the remaini ng comments in all future filings. If you disagree, we will consider your explanation as to why our comment is inapplicable or a revision is unnecessary. Please be as detailed as necessary in your explanation. In some of our comments, we may ask you to provide us with information so we may better understand your disclosure. After reviewing th is information, we may raise additional comments. We look forward to working with you in these respects. We welcome any questions you may have about our comments or any other aspect of our review. Feel free to call us at the telephone numbers lis ted at the end of this letter.
Edward Barnes JetBlue Airways Corporation Page 2
Form 8-K filed on June 1, 2009
1. We note from your disclosure that the Co mpany is filing this current report on Form 8-K solely to show the effect s of the adoption of FSP APB 14-1, on the accounting for the Company’s 2005 3.75% c onvertible unsecured notes due 2035 in its historical annual financial information included in the Company’s Annual Report on Form 10-K for the year ende d December 31, 2008. In this regard, please revise your future filings to in clude in the notes to your financial statements all the disclosures outlined in paragraph 30 through 33 of FSP APB 14-1 and all the transition di sclosures set forth in para graph 17 of SFAS No 154. It appears from your disclosures in the not e 1 and 2 to your financial statements included in the Form 8-K filed on June 1, 2009 that you did not include all the disclosures outlined in paragraph 31(b), 32(a), 33(a) and 33(b) of FSP APB 14-1, and paragraph 17(b) and (c) of SFAS No. 154. Other
2. As previously requested in our prior comment letter dated May 20, 2009, in connection with responding to our comments, please provide, in writing, a statement from the company acknowledging that:
the company is responsible for the adequacy and accuracy of the disclosure in the filing;
staff comments or changes to disclosu re in response to staff comments do not foreclose the Commission from ta king any action with respect to the filing; and
the company may not assert staff comments as a defense in any proceeding initiated by the Commissi on or any person under the federal securities laws of the United States.
In addition, please be advise d that the Division of Enfo rcement has access to all information you provide to the staff of the Division of Corporation Finance in our review of your filing or in response to our comments on your filing.
Edward Barnes JetBlue Airways Corporation Page 3
As appropriate, please respond to these co mments within 10 business days or tell us when you will provide us with a response. Pl ease furnish a cover letter that keys your responses to our comments and provides any requested information. Detailed cover letters greatly facilitate our review. Please understand that we may have additional comments after reviewing your responses to our comments.
Your response should be submitted in electronic form, under the label “corresp” with a copy to the staff.
You may contact Jeffrey Jaramillo at (202) 551-3212 if you have questions regarding comments on the financia l statements and related matte rs. Please contact me at (202) 551-3813 with any other questions.
Sincerely,
L i n d a C v r k e l
B r a n c h C h i e f
Show Raw Text
Mail Stop 3561
July 10, 2009
Via U.S. Mail and Facsimile
Edward Barnes Chief Financial Officer JetBlue Airways Corporation 118-29 Queens Boulevard Forest Hills, New York 11375
RE: JetBlue Airways Corporation
Form 10-K for the fiscal year ended December 31, 2008
File No. 000-49728
Dear Mr. Barnes:
We have reviewed your response letter dated June 4, 2009 and have the following
comments. Where indicated, we think you s hould revise your document in response to
these comments and comply with the remaini ng comments in all future filings. If you
disagree, we will consider your explanation as to why our comment is inapplicable or a revision is unnecessary. Please be as detailed as necessary in your explanation. In some
of our comments, we may ask you to provide us with information so we may better understand your disclosure. After reviewing th is information, we may raise additional
comments. We look forward to working with you in these respects. We welcome any
questions you may have about our comments or any other aspect of our review. Feel free
to call us at the telephone numbers lis ted at the end of this letter.
Edward Barnes
JetBlue Airways Corporation
Page 2
Form 8-K filed on June 1, 2009
1. We note from your disclosure that the Co mpany is filing this current report on
Form 8-K solely to show the effect s of the adoption of FSP APB 14-1, on the
accounting for the Company’s 2005 3.75% c onvertible unsecured notes due 2035
in its historical annual financial information included in the Company’s Annual Report on Form 10-K for the year ende d December 31, 2008. In this regard,
please revise your future filings to in clude in the notes to your financial
statements all the disclosures outlined in paragraph 30 through 33 of FSP APB
14-1 and all the transition di sclosures set forth in para graph 17 of SFAS No 154.
It appears from your disclosures in the not e 1 and 2 to your financial statements
included in the Form 8-K filed on June 1, 2009 that you did not include all the disclosures outlined in paragraph 31(b), 32(a), 33(a) and 33(b) of FSP APB 14-1, and paragraph 17(b) and (c) of SFAS No. 154.
Other
2. As previously requested in our prior comment letter dated May 20, 2009, in connection with responding to our comments, please provide, in writing, a
statement from the company acknowledging that:
the company is responsible for the adequacy and accuracy of the disclosure in the filing;
staff comments or changes to disclosu re in response to staff comments do
not foreclose the Commission from ta king any action with respect to the
filing; and
the company may not assert staff comments as a defense in any proceeding initiated by the Commissi on or any person under the federal
securities laws of the United States.
In addition, please be advise d that the Division of Enfo rcement has access to all
information you provide to the staff of the Division of Corporation Finance in our
review of your filing or in response to our comments on your filing.
Edward Barnes
JetBlue Airways Corporation Page 3
As appropriate, please respond to these co mments within 10 business days or tell
us when you will provide us with a response. Pl ease furnish a cover letter that keys your
responses to our comments and provides any requested information. Detailed cover
letters greatly facilitate our review. Please understand that we may have additional
comments after reviewing your responses to our comments.
Your response should be submitted in electronic form, under the label “corresp”
with a copy to the staff.
You may contact Jeffrey Jaramillo at (202) 551-3212 if you have questions
regarding comments on the financia l statements and related matte rs. Please contact me at
(202) 551-3813 with any other questions.
Sincerely,
L i n d a C v r k e l
B r a n c h C h i e f
Via facsimile: Edward Barnes, Chief Financial Officer (718) 709-3639