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 thi s application to allow Norwegian International to begin the404250459v3 proposed services as soon as possible. The authority sought herein will result in

increased travel choices, greater service options, and enhanced competition, there by

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 Gr ound Floor, Imbus House, Dublin Airport, Ireland

.

211.20(a).

2. Consistent with rights available to carriers of both p arties 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 schedu led 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 m ember of the European Common Aviation Area;

c. Foreign scheduled and charter air transportation of persons, prop erty 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 po int or points;

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

212 of the Department’s Regulations; and

f. S cheduled and charter transportation consistent with any future, additional rights that may be granted to European Union carr iers 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

. 21 1.20(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 E xhibit 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. G rant of the requested authority is con sistent 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

a

uthorizing 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 carr iers 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 LIMITED404250459v3 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.w eiss@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 R obert Wirick

Francis Heil American Airlines, Inc. robert.wirick@aa. com francis.heil@aa.com

Nick Tsokris

Jesse Elliot

John Chen

FAA New York IF U 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

Jenni fer 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. Hernandez404250459v3 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 Ma nifest Information Collection Procedures

Exhibit E Verification404250459v3 EXHIBIT A

OST FORM 6411

FOREIGN AIR CARRIERS

— CERTIFICATE OF INSURANCE

(ATTACHED)404250459v3404250459v3404250459v3 EXHIBIT B

OST FORM 4523

WARSAW LIABILITY LIMITS

(ATTACHED)404250459v3404250459v3 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 aircra ft 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 Transport ation 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 Assis tance 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 Internation al 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 con ducted 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 pos itions 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 sec tion 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 o r 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 f amily 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 famil y’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, Ti cket 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, t ime 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 Internat ional 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 Informatio n

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

ide ntification 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 f or 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 t he 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 d isposition 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; Norwegi an 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 w ith 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 da mage to man

- made structures or non

government

- 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

notic e 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 Norweg ian 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 Hear ings

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 Designa ted 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 servi ces can be coordinated on a local basis through the nonprofit organization or these services can be brought in from404250459v3 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 413 13(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 pers onnel 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

describ ed 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