THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20590 

The Honorable Julia Brownley 

U.S. House of Representatives 

Washington, DC 20515 

Dear Congresswoman Brownley: 

May 7, 2014 

Thank you for your letter regarding the application 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, 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 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 
.. 

JULIA BROWNLEY 

26TH 01SrRICT, CALIFORNIA 

MEMBER OF CONGRESS 

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COMMITIEE ON VETERANS' AFFAIRS 

RANKING MEMBER, SUBCOMMITTEE ON HEAL Tfl 

SUBCOMMITTEE ON ECONOMIC 0PI'ORrUNITY 

COMMITIEE ON SCIENCE, 

SPACE, AND TECHNOLOGY 

The Honorable Anthony Foxx 

Secretary 

U.S. Department of Transportation 

1200 New Jersey Ave SE 

Washington, DC 20590-0001 

Dear Secretary Foxx: 

SUBCOMMITTEE ON ENVIRONMENr 

SUBCOMMITTEE ON SPACE 

February 28, 2014 

I write to express my concerns about 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 a number of 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 US-EU 

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 the 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 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 

WASHINGroN DC OFFICE· 

1019 LONGwoRrH Ho~ose OFFICL BuiLDING 

WASHINGTON, OC 20515 

PHONE! 202 225-5811 

fAX" 202- 225-1100 

s 10-140228-017 

OxNARD, CA OFFICE: 

300 EAST ESPLAN"OE DRIVE, SUITE 70 

OxN•RD, CA 93036 

PHONE: 805-37~1779 

fAX 805-37~1799 

P~INTI:D ON RECYCLED PAPER 

THOUSAND OAKS, CA DFFin 

223 EAST THOUSAND OAKS B o ULEVARD, S UITE 411 

THOUSAND OAKS, CA 91360 

PHONE 805-37~1779 

FAx. 805-37~ 1799 
brand in direct competition with the 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 key objective of the DOT's public interest 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 DOT ensures 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 me apprised of any 

developments with the NAI's application. 

s 10-140228-017 

Sincerely, 

JULIA BROWNLEY 

Member of Congress