THE SECRET ARY 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. serv ices. 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 fu ll and careful consideration to all ofthe pleadings filed on the record before we reach a determination in this matter.
As is our standard practice , I am p lacing a copy of your letter and my response in Docket DOT-OST-20 1 3-0204 , as a contact outside the record ofthis case. You may track the progress of this case and v iew the publicly avai lab le documents fi led in the docket by accessing the Federal Docket Management System at www.regu lati ons.gov and sea rching for Docket DOT-OST-2013-0204.
I hope this information is helpful.

Anthony R. Foxx

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JULIA BROWNLEY 26TH 01SrRICT, CALIFORNIA

MEMBER OF CONGRESS**hnp~ljuliabrownley.housc gov** 

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COMMITIEE ON SCIENCE, SPACE, AND TECHNOLOGY

The Honorable Anthony Foxx Secretary U.S. Department ofTransportation 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 ofNorwegian Air Shuttle (NAS), a Norwegian air carrier and the third largest low-cost carrier in Europe. As part of the process ofstanding up the new airline, NAI is seeking an air carrier certificate from Ireland to operate as an Irish air carrier instead ofa Norwegian air carrier. In addition, NAI is hiring pilots and flight crews through a Singapore company.
I believe there are a number ofissues that the Department ofTransportation (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 ifthe 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 ofthe 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

WASHINGroN DC OFFICE · 1019 LONGwoRrH**Ho ~o** **se** OFFICL Bu i L DIN G WASHINGTON, OC 20515 PHONE !**202 225-5811**  fAX " 202

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# 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 U ITE 411 THOUSAND OAKS, CA 91360

PHONE**805-37~1779** FAx

.**805-37~** 1799brand 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 ofkey objective ofthe 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 ofour economy and U.S. carriers can compete globally as long as DOT ensures a level playing field. When and ifthe 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 ofCongress