BROOKVIEW PLAZA | 1450 EMPIRE CENTRAL DR., SUITE 737 | DALLAS, TX 75247

PHONE: 214.350.9237 | TOLL FREE: 800.969.7972 | FAX: 214.350.0647 | SWAPA.ORG

December 23, 2013

Paul Gretch, Director

Office of International Aviation

U.S. Department of Transportation

1200 New Jersey Avenue, S.E.

Washington, D.C. 20590

Docket No. OST – 2013 – 0204

COMMENTS OF SOUTHWEST AIRLINES PILOTS ASSOCIATION OPPOSING APPROVAL OF NORWEGIAN 

AIR INTERNATIONAL LIMITED FOR A FOREIGN AIR CARRIER PERMIT

Southwest Airlines Pilots Association (“SWAPA”) is the exclusive bargaining representative for the more 

than 6,500 pilots of Southwest Airlines. 

SWAPA is concerned with the future implications and precedent on fair international competition in the 

airline industry that could be caused by the DOT granting Norwegian Air International a foreign air 

carrier permit. SWAPA opposes what appears to be an attempt of Norwegian Air International to seek

authority to operate in the United States utilizing a “venue shopping” strategy, whereby a carrier

chooses “which” set of regulations from “what” country it chooses to follow. 

Generally, industrialized countries have comprehensive aviation and labor regulations that address a

wide range of areas of concern. Not all regulations match closely across all countries, but when looked 

upon in the aggregate, the comprehensive regulatory sets match up fairly closely across nations. While 

one nation may be stricter in one area, often it is less restrictive in another. In the application under 

consideration, Norwegian Air International appears to be using a “flag of convenience” strategy, perhaps 

modeled after the earlier cargo shipping strategies that led to an exodus of nearly all cargo ships in the 

US from US regulatory oversight to oversight by such countries such as Liberia. The US currently has a 

sophisticated and effective aviation regulatory structure; SWAPA strongly opposes a migration toward 

abdicating regulatory responsibility in what could be termed the “Liberia Model”.

In this application under consideration, however, we are not addressing inanimate cargo containers, but 

the safety and convenience of US passengers. Our “flag of convenience” argument rests upon the 

following:

- Norwegian Air Shuttle, with headquarters in Fornebu, Norway, has set up a separate company 

and applied for an Air Operator Certificate (AOC) in Ireland, which has been criticized for lax 

labor regulation

- The AOC reflects plans to continue its current practice of utilizing crews based in Thailand on 

contract to a Singapore company, Global Crew Asia PTE Limited (Global Crew), in an attempt to 

circumvent a recent Norway government requirement that these crews obtain Norwegian work 

permits.
BROOKVIEW PLAZA | 1450 EMPIRE CENTRAL DR., SUITE 737 | DALLAS, TX 75247

PHONE: 214.350.9237 | TOLL FREE: 800.969.7972 | FAX: 214.350.0647 | SWAPA.ORG

Since Norwegian Air Shuttle already has an AOC in Norway, has company headquarters in Norway, has 

training facilities in Norway and follows the well-regarded Norwegian regulatory schema, reason that 

Norwegian Air Shuttle has added the complexity of Irish, Thai and Singaporean elements to their 

operation appears obvious to even the casual onlooker.

In order for the DOT to grant a permit to a carrier that allows it to engage in foreign air transportation,

the DOT must find that transportation under the permit “will be in the public interest” (49 U.S.C. § 

41302.2). 

SWAPA is specifically concerned that approving the Norwegian Air International application would not 

meet the “strengthening the competitive position of air carriers to at least ensure equality with foreign 

air carriers, including the attainment of the opportunity for air carriers to maintain and increase their 

profitability in foreign air transportation” stipulation 49 U.S.C. §§ 40101(a)(15). 

SWAPA also argues that there is a lack of information in the Norwegian Air International application to 

allow a determination of whether the “fair wages and working conditions” requirement will be met

Norwegian Air Shuttle’s actions to date, as outlined in current filings by ALPA and the AFL-CIO would 

suggest otherwise 49 U.S.C. §§ 40101(a)(5). 

SWAPA agrees with the ALPA’s suggestion that “if the DOT does not deny outright, it should defer action 

on it until it receives additional information”, regarding the wages and working conditions of pilots to be 

employed Global Crew on behalf of Norwegian Air International. SWAPA also concurs with ALPA and 

that this application raises concerns about whether or not it is consistent with the U.S. –

E.U./Iceland/Norway Air Transport Agreement (E.U. – U.S. Open Skies). 

In view of the upcoming Joint Committee meeting on January 8th and the lack of an approved AOC from 

the Irish authorities, SWAPA believes the DOT should use the upcoming Joint Committee meeting to 

seek additional information on the Norwegian Air International application if it does not choose to deny 

the application of Norwegian Air International outright.

Respectfully submitted,

Captain Mark Richardson

President

Southwest Airlines Pilots’ Association