BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

) 

Application of ) 

) 

NORWEGIAN AIR INTERNATIONAL ) Docket OST-2013-0204 

LIMITED ) August 18, 2014 

) 

For an exemption and foreign air carrier permit ) _________________________________ ) 

COMMENTS OF ATLAS AIR, INC. 

Communications with respect to this document should be served on: 

Adam R. Kokas 

Executive Vice President, General 

Counsel & Chief Human Resources 

Officer 

ATLAS AIR, INC. 

2000 Westchester A venue 

Purchase, NY 10577-2543 

(914) 701-8576- Telephone 

(914) 701-8333- Fax 

adam.kokas@atlasair.com 

August 18, 2014 

Russell E. Pommer 

Associate General Counsel & 

Sr. Director, Regulatory Affairs 

ATLAS AIR, INC. 

801 1 i 11 Street, NW, Suite 410 

Washington, D.C. 20006 

(202) 822-9121 -Telephone 

(202) 822-9152- Fax 

rpommer@atlasair.com 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

) 

Application of ) 

) 

NORWEGIAN AIR INTERNATIONAL ) 

LIMITED ) 

) 

For an exemption and foreign air carrier permit ) ________________________________ ) 

Docket OST-2013-0204 

August 18, 2014 

COMMENTS OF ATLAS AIR, INC. 

By Notice dated August 4, 2014 ("Notice"), the Department has requested 

comments on correct legal interpretation of several provisions in the U.S.-EU air 

transport agreement (the "Agreement"), which are central to the disposition of the 

pending application ofNorwegian Air International Limited ("NAI") or, before making a 

decision, to conduct a thorough evaluation of consistency of the NAI application with 

standards established in the U.S.-EU air transport agreement. Atlas Air, Inc. ("Atlas") 

believes that the legal interpretation advanced by the European Commission's Directorate 

General for Mobility and Transport ("DG MOVE") is correct in its entirety. Proper 

application of those provisions requires prompt approval of the NAI application. 

As Atlas stated in its February 21, 2014 Consolidated Reply ("Atlas Reply"), 

Article 6 bis of the Agreement requires the United States to recognize the Article 4 fitness 

and citizenship determinations of EU licensing authorities, "as if such a determination 
ATLAS AIR, INC. 

Comments 

had been made by its own aeronautical authorities and not enquire further into such 

matters" (emphasis added), unless the Department has and can articulate "a specific 

reason for concern" that an Article 4 condition has not been met. Insofar as NAI is 

concerned, those conditions are: 

(b) for a Community airline, substantial ownership and effective 

control ... are vested in the a Member State or States, nationals of such a 

state or states, or both, and the airline is licensed in a Community airline 

and has its principal place of business in the territory of the European 

Community; 

(c) the airline is qualified to meet the conditions prescribed under 

the laws and regulations normally applied to the operation of international 

air transportation by the Party considering the application or applications; 

and 

(d) the provisions set forth in Article 8 (Safety) and Article 9 

(Security) are being maintained and administered. 

Atlas is hard-pressed to imagine what "specific reason for concern" the Department might 

be able to articulate with respect to NAI in any ofthose areas. Furthermore, should there 

be one, Article 6 bis would require prompt written notification containing "substantive 

reasons," intended to serve as a precursor followed perhaps by consultations and, 

ultimately, Joint Committee consideration. There is no provision in the Agreement that 

would authorize the Department to act unilaterally to deny an EU airline's application on 

Article 4 grounds. 

-2-
ATLAS AIR, INC. 

Comments 

Similarly, as stated in the Atlas Reply, we agree with the legal conclusion that the 

Department lacks authority under Article 4 of the Agreement to take action against an 

EU-licensed airline to effectuate "the importance of the social dimension" under Article 

17 bis (quoting Notice at 2). Article 17 bis is hortatory in nature and not even mentioned 

in Article 4. If the U.S. government believes that a Member State has licensed an EU 

airline in violation of Article 17 bis, its sole recourse is to submit the issue to the Joint 

Committee for consideration pursuant to Article 18. Should the Joint Committee be 

unable to resolve the issue, arbitration then would be possible under Article 19. 

Atlas continues to believe that the NAI application merits prompt approval. The 

proposed air services further the purpose of the Agreement, which, according to the U.S. 

Department of State, was to "establish an Open-Skies Plus framework" intended to 

"authorize every U.S. and every EU airline to fly between every city in the European 

Union and every city in the United States." State Department Fact Sheet, April 30, 2007. 

NAI's opponents have twisted the wording of the Agreement to argue that the 

Department should constrain labor practices that the civil aviation authority of the 

applicant's own homeland has not found objectionable. The argument disregards the 

Agreement's fundamental principles. To the extent that NAI's opponents are dissatisfied 

with the market-driven nature of the Agreement, they are free to advocate its 

renegotiation. While the Agreement remains in effect, however, the Department has a 

legal obligation to uphold its terms. 

-3-
August 18, 2014 

ATLAS AIR, INC. 

Comments 

Respectfully submi,~ 

Russell 

~~p E. .. 

Pommer 

l/z. ~~ Associate General Counsel & Sr. Director, 

Regulatory Affairs 

ATLAS AIR, INC. 

801 1 th Street, NW, Suite 410 

Washington, D.C. 20006 

-4-
ATLAS AIR, INC. 

Comments 

CERTIFICATE OF SERVICE 

I hereby certify that I have, this 18th day of August 2014, caused a copy of the 

foregoing application to be served by e-mail on all persons listed below: 

Name 

Josh Romanow 

Bob Wirick 

Sascha Vander Bellen 

Dan Weiss 

Rob Land 

Nancy Sparks 

Anita Mosner 

Chris Lytle 

Kent George 

Keith W. Meurlin 

Phiip Brown 

David Berg 

Russell Bailey 

Edward Wytkind 

Edward James 

Mark Richardson 

Philip von Schoppenthau 

John Hanlon 

Vegard Einan 

John Allen 

Steve Cristina 

Representing E-Mail 

Norwegian romanow@!2illsburylaw.com 

American robert.wirick@aa.com 

Delta sascha. va nderbellen @delta .com 

United dan.weiss@united.com 

JetBiue robert.land@jetblue.com 

Fed Ex nss12arks@fedex.com 

UPS anita.mosner@hklaw.com 

Port of Oakland clytle@ 12ortoa kland .com 

Broward County Aviation kgeorge@broward.org 

Washington ATF keith@washigtonair12orts.com 

Orlando Aviation Authority Qbrown@goaa.org 

A4A dberg@airlines.org 

ALPA Russell.bailey@aiQa.org 

TID, AFL-CIO edw@ttd.org 

Allied Pilots Ass'n ejames@jamhoff.com 

SWAP A mrichardson@swaQa.org 

ECA QVs@eurocockQit.be 

ELFAA john .han I on@ ELFAA.com 

Parat Vegard.einan@Qarat.com 

FAA john.allen@faa.gov 

DOS cristinasa @state.gov 

/~ 

j) gY I ' -- //tRussell 

c&~tfE. Pommer 

. ~ 

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