THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20590 

The Honorable Joe Courtney 

U.S. House of Representatives 

Washington, DC 20515 

Dear Congressman Courtney: 

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Thank you for your letter regarding the appli cation of Norwegian 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, 1 am sure you understand that I 

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

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. 1 am placing a copy of your letter and my response in Docket 

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

of this case and view the publicly available 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. 

.• '.\._ 7 

/ Anthony R. Foxx 
COMMITTEES: 

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April 28,2014 

The Honorable Anthony Foxx 

Secretary, U.S. Department of Transportation 

1200 New Jersey A venue SE 

Washington, D.C. 20590 

Dear Secretary Foxx, 

WASHINGTON OFFICE· 

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It has recently come to my attention that the Department ofTransportation (DOT) is evaluating 

an application by Norwegian Air International Limited (NAI) to operate in the United States as a 

foreign air carrier. I have serious reservations over such an application and believe that it would 

not be in the public interest to grant NAI a foreign air carTier permit. 

The international operations that NAI seeks to conduct would put U.S. airlines and their 

employees at a significant competitive disadvantage. Norwegian Air International's proposed 

business model is structured much like the " flag of convenience" practice that has decimated the 

U.S. maritime industry. NAI's framework aims to obtain an Irish Air Operator's Certificate 

rather than operating under Norwegian standards. Additionally, the entity plans to hire pilots and 

crews using a Singaporean company that is based in Thailand. Such a model is expressly 

designed to undermine fair wages and working conditions by picking and choosing components 

most advantageous to the company and detrimental to workers, U.S carriers, and the flying 

public. · 

NAI's proposed framework appears to be inconsistent with congressionally-established aviation 

statues as well as the current EU-U.S. Air Transport Agreement. The Agreement expressly calls 

for high labor standards. More specifically, article 17 of this Agreement recognizes that it is not 

intended to undermine the labor standards or the labor-related rights and principles contained in 

the respective countries laws. However, NAI is seeking to establish itself in Ireland in order to 

avoid Norwegian labor and social laws. Additionally, while DOT has the authority to exempt 

foreign air carriers from federal statues, it may only do so if the exemption is in the public 

interest. NAI's proposed arrangement stands to undermine DOT's public interest standard which 

aims 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)(l)). 

The commercial aviation sector is a crucial component of our nation's economy. We all have a 

significant interest in maintaining a level playing field in which U.S. carriers can compete in. 

NAI's request for a foreign air carrier permit appears to undermine the well-established playing 

COUATNEY.HOUSE.GOV I FACEBOOK.COMIJOECOUATNEY I TWITTER.COMIREPJOECOURTNEY I YOUTUBE.COM/REPCOUATNEY 

s 10-140505-036 PRINTED ON RECYCLED PAPER 
field in which international carriers operate. For this reason, I urge you to reject this misguided 

application in the absence of significant revisions by NAI. 

s 1 0-140505-036 

Sincerely, 

Joe Courtney 

Member of Congress