THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20590 

The Honorable Xavier Becerra 

U.S. House of Representatives 

Washington, DC 205 15 

Dear Congressman Becerra: 

May 21,2014 

Thank you for your letter regarding the application ofNorwegian Air International Limited 

(NAI) for authority to conduct U.S. services. 

Given that a number of interested parties have filed responsive pleadings to NAI's application 

and this matter is currently pending before the Department, I am sure you understand that I 

cannot comment on the merits ofNAI's application. I assure you, however, that we will give full 

and careful consideration to all of the pleadings filed on the record before we reach a 

determination in this matter. 

As is our standard practice, I am placing a copy of your letter and my response in Docket 

DOT-OST-2013-0204, as a contact outside the record ofthis case. You may track the progress 

of this case and view the publicly avai lable documents filed in the docket by accessing the 

Federal Docket Management System at www.regulations.gov and searching for Docket 

DOT-OST-2013-0204. 

I hope this information is helpful. 

Anthony R. Foxx 
CAPITOL OFFICE 

1226 LONGWORTH HOUSE OFFICE BUILDING 

WASHINGTON, DC 20515 

PHONE: (202) 225-6235 

FAX: (202) 225-2202 

DISTRICT OFFICE 

350 SOUTH BIXEL STREET, SUITE 120 

LOS ANGELES, CA 90017 

PHONE: (213) 481-1425 

C!Congre~~ of tbe Wniteb ~tate~ 

f!)ouse of l\epresentatibes 

FAX: (213) 481-1427 

The Honorable Anthony Foxx 

Secretary of Transportation 

U.S. Department of Transportation 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

Dear Secretary Foxx: 

XAVIER BECERRA 

34TH DISTRICT, CALIFORNIA 

April22,2014 

HOUSE DEMOCRATIC CAUCUS 

CHAIRMAN 

COMMITTEE ON WAYS AND MEANS 

RANKING MEMBER, SUBCOMMITTEE ON 

SOCIAL SECURITY 

BECERRA.HOUSE.GOV 

I write to inform you that I join several of my colleagues who have previously written to you to 

express concerns over Norwegian Air International's application for a Foreign Air Carrier Permit 

and exemption with the Department of Transportation. 

Norwegian Air International (NAI), a subsidiary ofNorwegian Air Shuttle, intends to expand its 

footprint globally by using a business model that calls for a carrier to register its fleet in a 

country outside of its headquarters; commonly referred to as a flag of convenience strategy. I 

understand that NAI, a Norwegian company, has successfully registered its fleet in Ireland 

despite its intentions to initially hire non-Irish crews and not operate flights out of that country. 

In a letter to you dated January 7, 2014, senior members of the House Committee on 

Transportation and Infrastructure, including Ranking Member Nick Rahall of West Virginia, 

detailed disturbing aspects ofNAI's permit application. (A copy of this letter which I will refer to 

as the "Rahallletter" is attached hereto.) I wish to associate myself with the Rahallletter and its 

expressed concerns. 

Maintaining a safe, healthy and competitive airline industry in America is a concern and 

responsibility we all share. With that in mind, I would ask that you keep me apprised of DOT's 

actions pertaining to the NAI permit application. 

Thank you for your work on behalf of our nation and for your attention to this matter. 

Member of Congress 

s 10-140422-084 PRINTED ON RECYCLED PAPER 
lJill @14uster 

<!!~airman 

<!lnmmitttt nn W:ran.apnrtatinn anb )nfra.atructure 

N.~. 1qnu.ae nf i!lepre.aentatiue.a 

Dlnsqington. ru 20 515 

Chrlsropher P Rertrutn ~ta U D~H J ror 

The Honorable Anthony Foxx 

Secretary 

U.S. Department of Transportation 

1200 New Jersey Avenue SE 

Washington, DC 20590 

Dear Secretary Foxx: 

January 7, 2014 

~irk JJ 1Ra4all. 3HJ 

iRanking !Remher 

Jamr!i II Zola D··mocrar SIDJT O.rech r 

We write to you regarding Norwegian Air International Limited's (NAI) application for an 

exemption and foreign air carrier permit. NAI is a subsidiary of Norwegian Air Shuttle (NAS), a 

Norwegian air carrier and the third largest low-cost carrier in Europe. As part of the process of 

standing up the new airline, NAI is seeking an air carrier certificate from Ireland to operate as an 

Irish air carrier instead of a Norwegian air carrier. In addition, NAI is hiring pilots and flight 

crews through a Singapore company. We believe there are several issues that the Department of 

Transportation (DOT) should consider as it reviews NAI's application in order to determine 

whether it is in compliance with the U.S.-European Union Air Transport Agreement ("the USEU Bilateral Agreement") and federal statutes. 

The US-EU Bilateral Agreement prohibits the establishment of flags of convenience to evade 

labor protections. However, it is our understanding that while NAI does not yet have an Irish air 

carrier certificate, the air carrier is being established in Ireland to avoid Norwegian labor and 

social laws. In addition, while NAI intends to operate as an Irish air carrier, it plans to employ 

pilots and flight crew members working under Singapore employment contracts. These 

employees, made available at lower labor costs, will not be covered by Norway's labor laws. 

When and if the DOT reviews NAI' s application for an exemption and air carrier permit, this 

arrangement deserves intense scrutiny to determine whether it is contrary to the provisions of the 

US-EU Bilateral Agreement. 

Additionally, while the DOT is authorized to exempt foreign air carriers from certain federal 

statutes, it may do so only if the exemption is in the public interest. The arrangement described 

above is raising concerns within the U.S. airline industry. Specifically, that NAI. certificated in 

Ireland and employing pilots and flight crews pursuant to a Singapore contract, will provide 

transatlantic flights under the Norwegian brand in direct competition with U.S. 

carriers. According to the Airline Pilots Association, Airlines for America, and several U.S. air 

carriers, NAI's actions are in direct contravention of a key objective of the DOT's public interest 

1 

s 10-140422-084 
standard to' strengthen the competitive position of [U.S.] air carriers to at least ensure equality 

with foreign air carriers." (49 U.S.C. §§ 40101(a)(15) and (e)(1)). Again, the imaginative 

arrangement being pursued by NAI should be thoroughly investigated to ensure that any action 

taken by the DOT is in the public interest. 

Commercial aviation is a crucial segment of our economy and U.S. carriers can compete globally 

as long as we ensure a level playing field. When and if the DOT begins reviewing NAI's 

application, we request that the DOT carefully consider its merits, legal standing, and whether or 

not it is in compliance with the US-EU Bilateral Agreement and in the public interest. We also 

respectfully request that you keep us apprised of any developments with NAI's 

application. Please contact Holly Woodruff Lyons at (202) 226-3220 or Giles Giovinazzi at 

(202) 225-9161 if you have any questions or require additional information. 

Sincerely, 

~~~dM~ Nick J. Rahall, II Frank A. Lo wndo Rick Larsen 

Ranking Member Chairman Ranking Member 

Committee on Transportation Subcommittee on Aviation Subcommittee on Aviation 

& Infrastructure 

2 

s 10-140422-084