404250459v3

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

________________________________________

)

Application of )

)

NORWEGIAN AIR INTERNATIONAL LIMITED )

) Docket No. OST-_________

for an exemption under 49 U.S.C. § 40109 and )

a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (US-EU Open Skies) )

_________________________________________ )

APPLICATION OF NORWEGIAN AIR INTERNATIONAL LIMITED

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Communications with respect to this document should be addressed to:

Josh Romanow

Peter Nelson

PILLSBURY WINTHROP SHAW PITTMAN LLP

2300 N Street, N.W.

Washington, D.C. 20037

Tel: (202) 663-8000

Fax: (202) 663-8007

E-mail: romanow@pillsburylaw.com

E-mail: peter.nelson@pillsburylaw.com

December 2, 2013 Counsel for NORWEGIAN AIR 

INTERNATIONAL LIMITED

NOTE: Any person may support or oppose this application by filing an answer and 

serving a copy of the answer on counsel for Norwegian Air International Limited. 

Answers to the foreign air carrier permit application are due on or before December 23, 

2013; answers to the exemption application are due on or before December 17, 2013. 

Norwegian Air International Limited intends to poll on this application and will advise 

the Department of the results.
404250459v3

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

________________________________________

)

Application of )

)

NORWEGIAN AIR INTERNATIONAL LIMITED )

) Docket No. OST-_________

for an exemption under 49 U.S.C. § 40109 and )

a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (US-EU Open Skies) )

_________________________________________ )

APPLICATION OF NORWEGIAN AIR INTERNATIONAL LIMITED

FOR AN EXEMPTION AND FOREIGN AIR CARRIER PERMIT

Pursuant to 49 U.S.C. §§ 40109 and 41301, Part 211 of the U.S. Department of 

Transportation’s economic regulations, and the Department’s rules of practice,

Norwegian Air International Limited (“Norwegian International”), a foreign air carrier of 

Ireland, hereby applies for exemption authority and a foreign air carrier permit to enable 

it to conduct foreign scheduled and charter air transportation of persons, property and 

mail to the full extent permitted under the open skies U.S. – E.U. – Iceland – Norway Air 

Transport Agreement of June 21, 2011, as amended, (the “U.S.-E.U. Open Skies 

Agreement”) as more fully described herein. 

This application is filed in abbreviated form pursuant to the Department’s notice 

of February 19, 2009 relating to Application Procedures for Foreign Air Carriers of the 

European Union. Consistent with the Department’s notices of May 3, 2007 and 

August 23, 2005 (Docket No. OST-2005-22228), Norwegian International requests 

expedited processing of this application to allow Norwegian International to begin the 
404250459v3

proposed services as soon as possible. The authority sought herein will result in 

increased travel choices, greater service options, and enhanced competition, thereby 

benefiting consumers in the United States, the Member States of the European Union and 

the European Common Aviation Area. The following is provided in support of this 

application:

1. The applicant’s full name is Norwegian Air International Limited. Its principal 

place of business is Ground Floor, Imbus House, Dublin Airport, Ireland. 

211.20(a).

2. Consistent with rights available to carriers of both parties to the U.S.-E.U. Open 

Skies Agreement, Norwegian International requests authority to engage in:

a. Foreign scheduled and charter air transportation of persons, property and 

mail from any point or points behind any Member State(s) of the European 

Union, via any point or points in any Member State and via intermediate 

points, to any point(s) in the United States and beyond;

b. Foreign scheduled and charter air transportation of persons, property, and 

mail between any point or points in the United States and any point or 

points in any member of the European Common Aviation Area;

c. Foreign scheduled and charter air transportation of persons, property and 

mail between any point or points in Norway, via intermediate points, and 

any point or points in the United States;

d. Foreign scheduled and charter cargo air transportation between any point 

or points in the United States and any other point or points;

e. Other charters pursuant to the prior approval requirements of 14 CFR Part 

212 of the Department’s Regulations; and

f. Scheduled and charter transportation consistent with any future, additional 

rights that may be granted to European Union carriers under the U.S.-E.U. 

Open Skies Agreement. 211.20(c).

3. Norwegian International has applied for an Air Operator Certificate (AOC) from 

the Irish Aviation Authority (IAA). A copy of the AOC will be submitted in this 

docket once it has been received. 211.20(b) and (i).
404250459v3

4. Norwegian International’s insurance meets the minimum requirements specified 

in 14 C.F.R. 205. A copy of OST Form 6411, Foreign Air Carriers—Certificate 

of Insurance is attached hereto as Exhibit A. 211.20(h).

5. A copy of OST Form 4523, Waiver of Warsaw Convention Liability Limits is

attached hereto as Exhibit B. 211.20(t).

6. Grant of the authority sought herein will not result in a near term increase in fuel 

consumption of ten million gallons or more, and therefore will not comprise a 

“major regulatory action” under the Energy Policy and Conservation Act of 1975, 

as defined at 14 C.F.R. § 313(a)(1).

7. Norwegian International will submit its Family Assistance Plan to the National 

Transportation Safety Board. A copy is attached hereto as Exhibit C.

8. A Summary of Norwegian International’s Passenger Manifest Information 

Collection Procedures is attached hereto as Exhibit D. 

9. The verification required by 14 C.F.R. 302.4(b) is attached hereto as Exhibit E.

10. Grant of the requested authority is consistent with the U.S.-E.U. Open Skies 

Agreement and will, therefore, serve the public interest.
404250459v3

WHEREFORE, for the foregoing reasons, Norwegian International respectfully 

requests that the Department issue an exemption and foreign air carrier permit 

authorizing it to engage in foreign scheduled and charter air transportation of persons, 

property, and mail to the full extent allowed under the U.S.-E.U. Open Skies Agreement, 

and any future amendments that may provide additional rights to foreign air carriers of 

the Member States of the European Union.

Respectfully submitted,

Josh Romanow

Peter Nelson

PILLSBURY WINTHROP SHAW PITTMAN LLP

2300 N Street, N.W.

Washington, D.C. 20037

Tel: (202) 663-8000

Fax: (202) 663-8007

E-mail: romanow@pillsburylaw.com

E-mail: peter.nelson@pillsburylaw.com

December 2, 2013 Counsel for NORWEGIAN AIR 

INTERNATIONAL LIMITED
404250459v3

CERTIFICATE OF SERVICE

The undersigned certifies that on December 2, 2013, the Application of 

Norwegian Air International Limited for an Exemption and Foreign Air Carrier Permit 

was served by electronic mail on the individuals identified below:

Steve Morrissey

United Airlines

steve.morrissey@united.com

Dan Weiss 

Continental Airlines

dan.weiss@coair.com

Sascha Vanderbellen

Delta Airlines

sascha.vanderbellen@delta.com

Howard Kass

U.S. Airways

howard.kass@usairways.com

Malcolm L. Benge

Counsel for North American/World 

Airways

Zuckert Scoutt & Rasenberger, L.L.P.

mlbenge@zsrlaw.com

Russell E. Pommer

Associate General counsel & Sr. 

Director

 Regulatory Affairs

Atlas Air Inc.

rpommer@atlasair.com

Russell Bailey

Air Line Pilots Association, Int’l

russell.bailey@alpa.org

Robert Wirick

Francis Heil

American Airlines, Inc.

robert.wirick@aa.com

francis.heil@aa.com

Nick Tsokris

Jesse Elliot

John Chen

FAA New York IFU

jesse.elliot@faa.gov

douglas.schwab@faa.gov

nicholas.tsokris@faa.gov

John M. Allen

Director, Flight Standards

Federal Aviation Administration

john.allen@faa.gov

Anita Mosner

Jennifer Nowak

Counsel for UPS

Holland & Knight

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

Nancy S. Sparks

Bailey Leopard

Federal Express Corporation

nssparks@fedex.com

gbleopard@fedex.com

/s/Melinda A. Hernandez

Melinda A. Hernandez
404250459v3

TABLE OF EXHIBITS

Exhibit A OST Form 6411, Foreign Air Carriers—Certificate of Insurance

Exhibit B OST Form 4523, Warsaw Liability Limits

Exhibit C Foreign Air Carrier Family Assistance Plan

Exhibit D Summary of Passenger Manifest Information Collection Procedures

Exhibit E Verification
404250459v3

EXHIBIT A

OST FORM 6411

FOREIGN AIR CARRIERS—CERTIFICATE OF INSURANCE

(ATTACHED)
404250459v3
404250459v3
404250459v3

EXHIBIT B

OST FORM 4523

WARSAW LIABILITY LIMITS

(ATTACHED)
404250459v3
404250459v3

EXHIBIT C

FOREIGN AIR CARRIER FAMILY ASSISTANCE PLAN

NORWEGIAN AIR INTERNATIONAL LIMITED

FAMILY ASSISTANCE PLAN

1. Overview

1.1. The purpose of the Norwegian Air International Limited (“Norwegian 

International”) Family Assistance Plan is to provide company personnel 

with the guidelines, procedures and training that will enable them to act in 

the best interests of the families of passengers involved in any aircraft 

accident involving Norwegian International aircraft and resulting in a 

major loss of life, to treat survivors and families with dignity, and to 

respect the cultural and religious backgrounds of survivors and families.

1.2. This document is a part of a larger effort, which includes the National 

Transportation Safety Board, other government entities and appointed 

independent non-profit organizations, to assist survivors and families in 

the event of an aviation disaster.

2. Pre-Response Planning

2.1. In accordance with the Foreign Air Carrier Family Assistance Act of 1996 

(49 U.S.C. Section 1136 & Section 41313), as amended by Vision 100 –

Century of Aviation Reauthorization Act, Norwegian International will 

publish this Family Assistance Plan and insert this plan into all appropriate 

Norwegian International manuals.

2.2. The treatment of families of non-revenue passengers (and any other victim 

of the accident) will be the same as the treatment of the families of 

revenue passengers.

2.3. The Norwegian International Emergency Response Team will be utilized

to respond to likely needs of survivors and families.

2.4. Training will be based upon employee’s responsibilities and Norwegian 

International will provide logistical support to the Response Team.

2.5. Training of Family Assistance Personnel will be conducted in conjunction 

with Norwegian International’s training recognizing that:

2.5.1. A list of trained Family Assistance Personnel will be maintained in 

the Norwegian International Emergency Response Plan.
404250459v3

2.5.2. Personnel who are in public contact positions need to know how to 

respond to inquiries and facilitate responses to them.

2.5.3. Families may seek assistance from Norwegian International at 

airports that are neither the origin nor the destination of the flight.

2.5.4. Simulations of the Plan will be held annually in addition to 

participation in local disaster drills.

2.5.5. After an aviation disaster involving a Norwegian International 

aircraft, a toll-free “800” number will be published for the use of 

families to inquire about passengers.

2.5.6. It is Norwegian International’s policy that manifest information 

will only be released by the designated Norwegian International 

Coordinator to the proper NTSB authorities, the director of family 

support services designated for the accident under section 

1136(a)(1), the organization designated for the accident under 

section 1136(a)(2); the Norwegian International NTSB Family 

Assistance Coordinator, Norwegian International’s President, the 

Executive Vice President, Vice President of Flight Operations or 

Vice President of Human Resources and Administration or their 

authorized representatives. Any other release of manifest 

information is considered unauthorized and prohibited.

2.5.7. Norwegian International will inform family members (or family 

friends or clergy who are with the family) at an appropriate time, 

but as early as possible after being notified, that it is critical that 

they contact their family dentist to obtain the dental records and 

dental x-rays of their loved one. Norwegian International will ask 

the family to have the records and x-rays sent by special courier to 

the address of the hotel where the joint family support operations 

center will be located. Packages should be addressed to the 

Director, Family Support Services, NTSB. If the family is coming 

to the site the next day, the family may arrange to hand-carry these 

documents. If the family is already at the accident site or arrives 

without making these arrangements, the Disaster Mortuary Team 

personnel will coordinate with the family’s dentist to obtain dental 

records and dental x-rays.

2.5.8. Norwegian International will ensure that its employees and agents 

receive adequate training to meet the needs of survivors and family 

members following an accident.
404250459v3

3. Passenger Manifest, Ticket Reconciliation and Notification

3.1. In order to determine which passengers actually boarded the flight, 

Norwegian International personnel immediately after the accident will 

begin a review of the following:

3.1.1. On board Passenger Manifest.

3.1.2. Standby passengers.

3.1.3. Non-revenue passengers.

3.1.4. Re-routed passengers.

3.1.5. Passengers who cancelled their reservation.

3.1.6. Jump seat riders.

This process could be delayed by persons traveling under different names.

3.2. Norwegian International will release, upon request, to the NTSB Family 

Services Director a passenger list. This would be upon the firm 

understanding that the list reflects the best available information at the 

time of the request, that it may have inaccuracies and it may not be 

complete.

3.2.1. All personnel involved with handling the manifest will be briefed 

as to the confidential/sensitive nature of this information.

3.2.2. All appropriate manifest lists will be stamped “PRELIMINARY 

AND UNCONFIRMED” with date, time and list number.

3.2.3. Norwegian International will update the list periodically.

3.2.4. Upon request, Norwegian International will provide to the 

Department of State information in its possession about foreign 

passengers.

3.2.5. Norwegian International will coordinate as necessary with the 

Department of Justice for family meetings to explain Department 

of Justice services.

3.3. Notification Procedures

3.3.1. As soon as information becomes available on each passenger, that 

passenger’s family will be notified.
404250459v3

3.3.1.1. Notification to family members will be made prior to 

release of the passenger’s name to the public and, to the 

extent practical, in person.

3.3.2. Norwegian International personnel making the notification will be 

suitably trained as noted in Paragraphs 2.4, 2.5 and 2.5.8 of this 

document.

3.3.3. Norwegian International will secure a facility for family members 

that will insure privacy from solicitors and the media.

3.3.4. After coordination with NTSB, Norwegian International will 

provide a joint support operations center to provide logistical 

support to the federal staff.

3.3.5. As appropriate, Norwegian International will continually update 

the public on the progress of family notification.

3.4. Confidential/Sensitive Information

3.4.1. As stated in paragraph 2.5.7 of this document, any unauthorized 

release of manifest information is prohibited.

4. Passenger Identification

4.1. Medical Examiner/Coroner

4.1.1. The medical examiner or coroner is responsible for the positive 

identification of fatalities.

4.1.1.1. If the victim has died, the medical examiner will 

coordinate with the Disaster Mortuary Team Commander 

to provide official notification of death to family.

4.1.1.2. For injured passengers, the hospital is responsible for 

status updates and either the hospital or Norwegian 

International will advise the families.

5. Family Access to the Accident Site.

5.1. The NTSB has accident site jurisdiction.

5.2. Within the limits established by the authorities, Norwegian International 

will respond to family requests for access to the accident scene.
404250459v3

5.3. Norwegian International will assist up to two members (exceptions would 

be made as individual cases and cultural differences would have to be 

considered) of the family of a passenger traveling to the location of the 

accident and provide for the physical care of the family while the family is 

staying at such location.

5.3.1. For purposes of this plan, “Family” shall mean legal or common 

law spouse, parents or children of the injured/deceased. If the 

deceased has no Family as defined, up to two close living relatives 

would be considered “Family.”

5.3.2. Physical care.

5.3.2.1. Transportation to and from accident city.

5.3.2.2. Transportation to and from accident site.

5.3.2.3. Hotel accommodations at accident city for a reasonable 

time period.

5.3.2.4. Meal voucher during hotel stay and day of travel to and 

from the accident city.

6. Human Remains and Personal Effects

6.1. The medical examiner is responsible for the disposition of identifiable and 

unidentifiable human remains.

6.2. Norwegian International shall work with authorities to return identifiable 

personal effects to victim’s family rather than having Norwegian 

International become a custodian of them; Norwegian International and 

the authorities will work together to determine disposition of 

unidentifiable personal effects.

6.3. Personal effects that come into the control of Norwegian International will 

be handled in the following manner after release from the NTSB:

6.3.1. Norwegian International will consult with each family about the 

disposition of personal effects that are in Norwegian 

International’s control.

6.3.2. Norwegian International will return to the family, if requested, any 

passenger’s possession that is under the control of Norwegian 

International.
404250459v3

6.3.3. Norwegian International will retain for 18 months any unclaimed 

property of a passenger that is under Norwegian International’s 

control.

6.3.4. Norwegian International will consult with the families about the 

construction by Norwegian International of any planned 

monument, including the inscription on it.

6.3.5. Norwegian International will only be able to return personal effects 

that come into Norwegian International’s control once permission 

of the NTSB has been obtained as the items may have some 

bearing on the accident investigation.

7. Liability for Man-Made Structures

7.1 In accordance with the 49 U.S.C. Section 41313(c), in the event of an 

accident resulting in significant damage to man-made structures or nongovernment-owned property on the ground, Norwegian International shall 

promptly provide written notification directly to the owner of liability for 

any property damage and the means for obtaining compensation. Such 

notice shall advise the owner: (a) to contact the property insurer as the 

authoritative source for coverage and compensation information; (b) to not 

rely on unofficial information offered by Norwegian International’s 

representatives about compensation by Norwegian International for 

accident-site property damage; and (c) to obtain detailed evidence of 

property damage as soon as possible following the accident, consistent 

with restrictions to the accident site.

8. Simultaneous Electronic Transmission of NTSB Hearings

8.1 In accordance with 49 U.S.C. Section 41313(c), in the event of an accident 

in which the NTSB conducts a public hearing or comparable proceeding at 

a location more than eighty (80) miles from the accident site, Norwegian 

International shall ensure the proceeding is made available simultaneously 

by electronic means at a location open to the public at the origin city and 

destination city of the Norwegian International flight, if that city is located 

in the United States.

9. Relationship with Designated Independent Organization

9.1. Norwegian International will work with the independent nonprofit 

organization that is designated under 49 U.S.C. Section 1136(a)(2) to 

provide mental health and counseling services to families.

9.1.1. Mental health services can be coordinated on a local basis through 

the nonprofit organization or these services can be brought in from 
404250459v3

another city where the airline may have a Mental Health 

Professional on retainer.

9.1.2. Should long-term counseling be required, Norwegian International 

will coordinate with the nonprofit organization appointed by the 

NTSB, the family and the company providing the service.

9.2. Norwegian International will develop a procedure to pay reasonable 

compensation to the NTSB-designated independent non-profit 

organization as required by 49 U.S.C. Section 41313(C)(11) where the 

nature and scope of its work and the kind of costs to be incurred have been 

discussed and agreed in advance.

9.3. Norwegian International will coordinate with family members as to their 

need for American Red Cross for assistance.

9.4. Norwegian International will participate in the daily coordination meetings 

to review daily activities, resolve problem areas, and to synchronize future 

family support operations and activities.

10. Third Party Service Provider

10.1 In order to fulfill its obligations under this Plan, Norwegian International

may contract with third party service providers who specialize in aviation 

disaster response services. Norwegian International will work with any 

such third party service provider to carry out the responsibilities 

undertaken in this Plan.

11. Filing of this document with NTSB and DOT

11.1 Pursuant with the Foreign Air Carrier Family Assistance Act of 1996, 49 

U.S.C. Section 41313(b), this document will be filed with the National 

Transportation Safety Board and the Department of Transportation.

12. Revisions and Code-Share Agreements

12.1. Norwegian International reserves the right to introduce changes to this 

plan from time to time.

12.2. Norwegian International does not presently have an approved code-share 

arrangement with any United States carrier. If Norwegian International 

were to enter into such an agreement and it were approved, Norwegian 

International may revise this plan.
404250459v3

13. Accidents Not Covered by this Plan

13.1 Norwegian International will consult with the NTSB and the Department 

of State if it voluntarily provides assistance to U.S. citizens in the United 

States with respect to accidents outside the United States not covered by 

this plan involving loss of life.

14. Emergency Contact Information

14.1 Norwegian International’s 24-hour, 365 days a year contact is located at 

Fornebu, Norway. Any agent of the U.S. government may contact 

operations center personnel at any time by dialing +4767593073. The 

telephone numbers have been submitted to the NTSB and can be used by 

the NTSB 24 hours per day, seven days per week.
404250459v3

EXHIBIT D

SUMMARY OF PASSENGER MANIFEST INFORMATION COLLECTION 

PROCEDURES

SUMMARY OF 14 C.F.R. 243 PROCEDURES 

NORWEGIAN AIR INTERNATIONAL LIMITED

Introduction

This summary is submitted by Norwegian Air International Limited (“Norwegian 

International”) to the U.S. Department of Transportation in accordance with 14 C.F.R. 

Part 243.

Summary of Procedures

For each covered flight segment, Norwegian International shall collect, or cause 

to be collected, the full name of each passenger who is a U.S. citizen. Any U.S. citizen 

who does not provide this information will not be permitted to board.

Norwegian International will request an emergency contact telephone number and 

name from U.S. citizen passengers. As the provision of this information is voluntary, 

Norwegian International will not deny boarding to any passenger who refuses to provide 

it.

Norwegian International shall store the information collected pursuant to the 

above procedures until passengers on the covered flight segment disembark. This 

information will be kept confidential and will not be used for purposes other than those 

described herein or disclosed to any entity except as required and permitted by law.

In the event of an aviation disaster, Norwegian International shall contact the 

Managing Director of Overseas Citizen Services, Bureau of Consular Affairs, U.S. State 

Department, by telephone. Not later than three hours after confirmation of such a disaster, 

Norwegian International shall transmit to the U.S. State Department and, upon request, 

the National Transportation Safety Board, the information collected in accordance with 

these procedures.

24 Hour Contact Information

Norwegian International’s 24-hour operations center is located in Fornebu, 

Norway. Any agent of the U.S. government may contact operations center personnel at 

any time by dialing +4767593073 or via email at operations@norwegian.no. 
404250459v3

EXHIBIT E