THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20590 

The Honorable Joe Garcia 

U.S. House of Representatives 

Washington, DC 20515 

Dear Congressman Garcia: 

April 03, 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 pa1iies 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 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. 

Anthony R. Foxx 
JOE GARCIA 

The Honorable Anthony Foxx 

Secretary 

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U.S. Department of Transportation 

1200 New Jersey A venue SE 

Washington, DC 20590 

Dear Secretary Foxx: 

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I 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. I believe there are several issues that the Department of 

Transportation (DOT) should consider as it reviews NAl'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 my 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 ifthe 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 

s 10-140114-005 
standard to "strengthen the competitive position of [U.S.] air carriers to at least ensure equality 

with foreign air carriers." (49 U.S.C. §§ 4010 I (a)( IS) and (e)(l )). 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, I 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. I also respectfully request that you keep us apprised of any developments with NAI's 

application. Please contact Jennifer George-Nichol at (202) 225-2778 or if you have any 

questions or require additional information. 

Si~ 

Joe Garcia 

Member of Congress 

510-140114-005