### THE SECRETARY OF TRANSPORTATION WASH I NGTON , D

. C

. 20590

The Honorable Madeleine Z. Bordallo U.S

. Hous e of Repre se ntati ves Washington , DC 20515
Dear Congresswoman Bordallo : June 20, 2014

Thank you for yo ur letter re garding th e application ofNorweg ian Air Internati o nal Limited (NA I) for authority to conduct U.S. service s. Given that a numb er of interested parti es have fi led respons ive pleadings to NA I ' s app lic ati on and thi s matter is currently pending before the Department , I am sure yo u unders tand that I cannot comment on th e merit s ofNAI's application. I ass ure yo u , howeve r, that we w ill g ive fu ll and careful consideration to a ll of the pleadings fil ed o n the record before we reach a determination in thi s m atter. As is o ur standard practice , I a m p lacing a co p y of yo ur letter and my re sp o nse in Docket DOT-O ST

-20 1 3-0204, as a contact outside the record of thi s case. You m ay track the progress of thi s case and view the publ icly available documents fil ed in the docket by acces s ing the Federal Docket Management Sy s tem at www. reg ul ati on s.gov an d searc hin g for Docket DOT-OST-2013-02 04.
I hope this inf o nnati o n is he lpful.MADELEINE Z. BORDALLO GUAM ARMED SERVICES COMMITTEE

RANKING MEMBER, SUBCOMMITTEE ON READINESS SUBCOMMITTEE ON MIUTARY Pl!RSONN'I!L NATURAL RESOURCES COMMmEE SuBCOMMITTll£ ON FISHEJUES, WILOUFE, OcEANs. AND INSULAR AFFAIRS SUBCOMMITTEE ON Puauc LANDS AND ENVIRONMENTAL REGULA'nON

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The Honorable Anthony Foxx Secretary ofTransportation U.S. Department of Transportation 1200 

### New Jersey Avenue, SE Washington DC 20590 

### Dear Secretary Foxx, June 3, 2014 WASHINGTON, D.C. OFFICE: 2441 RAYBURN HOUSE 0FRCE BUILDING WASHINGTON, DC 20516 (202) 226-1188 FAX: (202) 226-0341 DISTRICT OFFICE: 120 FATHER DUENAS AVENUE Sum: 107**HAGA11i~A.** GUAM 96910 (671)477-4272 FAX: (671) 477-2587 http://www.house.gov/bordallo



### I write to you today to express concern regarding the application of Norwegian Air 

### International Limited 

### (NAI) for a foreign 

### air carrier permit. NAI holds an Air 

### Ottrier Certificate (AOQ from Ireland. The company, however, 

### is owned by Norwegian Air 

### Shuttles 

### (NAS), a Norwegian airline. NAS established NAI in Ireland, a destination which 

### is not seiVed by NAI, likely to 

### avoid the application of Norwegian employment law to NAI's flight crew. These crew members are not covered by European employment laws, but by 

### Asian laws. For example, NAI's pilots are employed by a Singapore company on individual contracts covered by Singapore law. The pilots are then contracted to 

### operate NAI's 

### aircraft. Their compensation 

### is substantially below their counterparts who fly the 

### aircraft of NAS. As 

### a Norwegian company, NAS could not establish an Irish subsidiary and have it operate commercial services to the U.S. but for the U.S.-EU Air 

### Transport Agreement. That Agreement has a provision (Article 17 

### his) that says "the opponunities created by the Agreement are not intended to undermine labor standards or the labor-related rights and principles contained in the Parties' respective laws." The NAS/NAI business model appears to 

### be designated expressly in a manner that undennines U.S. and Norwegian labor standards. Moreover, NAI's filings at DOT seem to be misleading on a number of points, such as why NAI was established in Ireland and NAI's flight crew. In addition, NAI's business model would put U.S. airlines at an 

### unfair competitive advantage. Accordingly; approval of NAI's application for authority would be inconsistent with the Congressionally-established public interest as set forth in the aviation statues and is counter to 

### our current ElJ.U.S. 

### Air Transport Agreement. I hope you 

### will reject 

### this application. 

### Thank you for your attention to 

### this matter and I look forward to 

### working with you. Sincerely,



# s 10-140604-026

### Boston, Brandon (OST)
From: Swann, Joeann (OSn Sent: 

### To: Wednesday, June 04, 2014 4:13 PM Boston, Brandon (OSn 

### Cc: Battle, Tootie (osn Subject: Attachments: FW: Letter from Congresswoman Madeleine Z. Bordallo to the Honorable Anthony Foxx CW Bordallo Letter to Secretary Foxx.pdf Importance: High

Please control this to "X" as significant. Thank you.
Joe Ann Swann Correspondence Manager Office of the Secretary, Executive Secretariat U.S. Department of Transportation (Room W93-414) (202) 366-6425 (office)
From: Harrison, Maria (OST) 

### Sent: Wednesday, June 04, 2014 3:38PM To: DOTExecSec (OST) 

### Subject: Letter from Congresswoman Madeleine Z. Bordallo to the Honorable Anthony Foxx

1 

# s 10-140604-026