BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

________________________________________ )

Application of )

)

DREAMJET SAS )

) Docket No. OST

- 2014

- 0063

for an exemption pursuant to 49 U.S.C. § 40109 )

and a fo reign air carrier permit pursuant to )

49 U.S.C. § 41301 (US

- EU Open Skies) )

_________________________________________ )

ANSWER OF NORWEGIAN AIR INTERNATIONAL LIMITED

Communications with respect to this document should be addressed to:

Josh Romanow

Peter Nelson

PILLSBURY WINTHROP SHAW PITTMAN LLP

2300 N Street, N.W.

Washington, D.C. 20037

Tel: (202) 663

- 8000

Fax: (202) 663

- 8007

E

- mail: romanow@pillsburylaw.com

E

- mail: peter.nelson@pillsburylaw.com

May 6, 2014 Counsel for NORW EGIAN AIR

I NTERNATIONAL LIMITEDBEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

________________________________________ )

Application of )

)

DREAMJET SAS )

) Docket No. OST

- 2014

- 0063

for an exemption pursuant to 49 U.S.C . § 40109 )

and a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (US

- EU Open Skies) )

_________________________________________ )

ANSWER OF NORWEGIAN AIR INTERNATIONAL LIMITED

Norwegian Air International Limited (“Norwegian Internation al”) 1 hereby

submits the fo llowing answer to the application of Dreamjet SAS (“Dreamjet”) for an

exemption and foreign air carrier permit. As discussed herein, Norwegian International

fully supports the prompt grant of Dreamjet’s exemption and permit as so on as Dreamjet

has completed its application by submitting its French Air Operator Certificate and

Operating License (“French Authority”) , in accordance with the Department’s

streamlined procedures

. 2

As it has emphasized in its application pending before the Department, 3

Norwegian International strongly supports full recognition of EU air carriers by the

1 Norwegian International is an interes ted party in this proceeding, as it is seeking substantially similar

open skies authority from the Department for scheduled service between the European Union and the

United States. See FN 3, below.

2 See Application Procedures for Foreign Air Carriers of the Euro pean Union (Feb. 19, 2009) available at

http://www.dot.gov/sites/dot.gov/files/docs/Application%20Procedures%20for%20EU%20carriers

- 02

-

19

- 2009.pdf ( the “Streamlined Procedures”)

.

3 Application of Norwegian Air International, Limited for an exempt ion under 49 U.S.C. § 40109 and a

foreign air carrier permit pursuant to 49 U.S.C. § 41301 (US

- EU Open Skies) Docket No. OST

-- 2013

-Department as provided by the U.S.

- EU “Open Skies” Air Transport Agreement

.

Equally important, Norwegian strongly supports new competition to the highly

concentrated transatlantic market , one in which the members of the three major airline

alliances control some 87% of traffic

. Norwegian International urges the Department to

act to immediately to grant the exemption and foreign air carrier permit auth ority for

which Norwegian International has applied. No basis for further delay exists.

As a matter of law and principle, the Dreamjet application should be approved

promptly

— “with minimal procedural delay” upon submission of its French a uthority

—

in acc ordance with (1) Article 4 of the Open Skies Agreement ; (2) the reciprocal

recognition provisions of Article 6 bis ; and (3) the DOT streamlined procedures as they

have been applied in every case since the inception of the Open Skies Agreement

—

every case ex cept that of N orwegian International

. F ive months have elapsed since

Norwegian filed its application on December 2, 2013, and the application remains

pending to this date, almost three months after Norwegian International submitted its Air

Operator Certi ficate and Operating License issued in February 2014. Since the adoption

of the 2007 U.S.

– EU Open Skies Agreement, Norwegian International is the only EU

carrier to have been subjected to such unprecedented scrutiny and delay

– precisely the

kind of admi nistrative and regulatory burden the agreement and associated streamlined

procedures adopted by the Joint Committee were intended to eliminate. Indeed, v irtually

every prior similar application by an EU carrier, once complete, has been granted i n an

average of month after the answer period expires.

0204

. Norwegian Interna tional filed its similar application for an exemption and foreign air carrier

permit under the EU

- U .S. Open Skies Agreement in December 2013.Norwegian International urges the Department to follow its earlier precedents and

to meet the United States’ international legal obligations by promptly granting

Dreamjet’s application . No basis exists for the Department to subject any EU carrier that

complies with the requirements under the U.S.

- EU Open Skies Agreement and the

Department’s streamlined procedures to the type of unprecedented delays and very real

consumer and commercial consequences from the dela y that Norwegian International has

experienced

. Prompt approval of both applications will send a strong signal to America’s

E uropean partners that the Department intends to respect the requirements of the U.S.

- EU

Open Skies A gr eement.

WHEREFORE, for th e foregoing reasons, Norwegian International respectfully

requests that the Department approve the Dreamjet application

, once completed, and also

immediately approve the long

- pending and complete application of Norwegian International.

Respectfully submitt ed,

Josh Romanow Peter Nelson

PILLSBURY WINTHROP SHAW PITTMAN LLP

2300 N Street, N.W.

Washington, D.C. 20037

Tel: (202) 663

- 8000

Fax: (202) 663

- 8007

romanow@pillsburylaw.com

peter.nelson@pillsburylaw.com

May 6, 2014 Counsel for NORWEGIAN AIR

INTER NATIONAL LIMITEDCERTIFICATE OF SERVICE

The undersigned certifies that on May 6, 2014

, a true and correct copy of the

foregoing Answer of Norwegian Air International Limited was served by electronic mail

on the individuals identified below:

Steve Morri ssey

Dan Weiss

United Airlines

steve.morrissey@united.com

dan.weiss @united.com

Sascha Vanderbellen

Chris Walker

Delta Airlines

sascha.vanderbellen@delta.com

chris.walker@delta.com

Malcolm L. Benge

Counsel for North American

mlbenge@zsrlaw.com

Russell E . Pommer

Atlas Air Inc.

rpommer@atlasair.com

Russell Bailey

Jonathan A. Cohen

Air Line Pilots Association, Int’l

russell.bailey@alpa.org

jonathan.cohen@alpa.org

Robert Wirick

Howard Kass

American Airlines, Inc.

robert.wirick@aa.com

howard.kass @aa.com

Ni ck Tsokris

Harvey Siegel

FAA New York IFU

nicholas.tsokris@faa.gov

Havey.siegel @faa.gov

Anita Mosner

Jennifer Nowak

Counsel for UPS

Holland & Knight

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

Nancy S. Sparks

Bailey Leopard

Federal Express Corporatio n

nssparks@fedex.com

gbleopard@fedex.com

Krishna Urs

Department of State

urskr@state.gov Eugene Alford

Department of Commerce

eugene.alford@trade.gov

Paul Gretch

Robert Finamore

U.S. Department of

Transportation

paul.gretch@dot.gov

Robert.Finamore@dot. gov

Matthew Baldwin

Director of Air Transport

European Commission

Matthew.Baldwin@ec.europa.eu

Dr. Felix Leinemann

First Secretary

Delegation of the European

Union to the USA

Felix.LEINEMANN@eeas.euro

pa.eu

David Batchelor

SJU Liason Officer

SESAR Joint Undertaking

Delegation of the European

Union to the USA

David.Batchelor@sesarju.eu

Michael Goldman

Counsel for DreamJet

Silverberg, Goldman & Bikoff

mgoldman@sgbdc.com

Kevin Commy, Deputy Chief of

Mission

Alan Gibbons, First Secretary

Economics

Embassy o f Ireland

Kevin.conmy@dfa.ie

Alan.gibbons@dfa.ie

Donal Handley

Head of Corporate Affairs

Irish Aviation Authority

donal.handley@iaa.ie

Mark W. Atwood

Cozen O’Connor

Counsel for Kalitta Air

matwood@cozen.com John L. Richardson

Counsel for Amerjet

Intern ational

jrichardson@johnlrichardson.com

Joan Canny

jcanny@amerijet.com

John R. Mietus

Law Office of John Mietus LLC

Counsel for Centurion Air Cargo

and Trade Winds Airlines

john@mietuslaw.com

Marshall S. Sincik

Squire, Sanders & Dempsey

Counsel for Flori da West

International Airways

msinick@ssd.com

Aaron Goerlich

Garofalo Goerlich Hainbach

Counsel for Southern Air

agoerlich@ggh

- airlaw.com

Charles Hill

Air Transport International

chuck.hill@airtransport.cc

Bradley Rubinstein

Manager, Industry and

Regul atory Relations

Port Authority of New York and

New Jersey

brubinst@panynj.com

Deputy Director

Flight Standards Service

Federal Aviation Administration

john.s.duncan@faa.gov

/s/ Melinda Hernandez

Melinda Hernandez