### THE SECRETARY OF TRANSPORTATION WASHINGTON , D
.C
. 20590



### The Honorable Derek Kilmer U.S. House ofRepresentatives Washington, DC 20515 Dear Congressman Kilmer: April 

### 04, 2014



### Thank you for your letter regarding the app lication ofNorweg ian Air International Limited (NA I) for authority to conduct U.S. services. Given that a number of interested parties have filed responsive pleadings to NAI's application and thi s matter is cmrently p ending before the Department, I am sure you understand that I cannot comment on the merits ofNAI ' s application. I ass ure you, however, that we wi ll give full and careful considerati on to all of the pleadings filed on the record before we reach a determination in this matter. As is our standard practice, I am placing a copy of your letter and my response in Docket DOT-OST-201 3 -0204, as a contact outside the record ofthis case. You may track the progress ofthi s case and view the publicly available documents fil ed in the docket by accessing the Federal Docket Management System at www.regu lations.gov and searching for Docket DOT-OST-20 13-0204. I hope this information is helpfu l. Sincerely ,

Anthony R. FoxxDEREK KILMER 6TH DISTRICT, WASHINGTON COMMITTEE ON ARMED SERVICES SEAPOWER AND PROJECTION FORCES INTELLIGENCE, EMERGING THREATS AND CAPABILITIES COMMITTEE ON SCIENCE, SPACE , AND TECHNOLOGY SPACE TECHNOLOGY February 26, 2014 

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## wmtasbington, jlHtC 20515-4706

The Honorable Anthony Foxx Secretary U.S. Department of Transportation 1200 New Jersey Avenue SE Dear Mr. Secretary: OFFICES 1429 LONGWORTH OFFICE BUILDING WASHINGTON, DC 20515 (202) 225-5916 950 PACIFIC AVENUE SUITE 1230 TACOMA, WA 98402

(253)272-3515 345 6TH STREET

SUITE 500 BREMERTON, WA 98337 (360)373-9725 www.kilmer.house.gov

I am writing in regards to an application by Norwegian Air International Limited (NAI) for a foreign air carrier permit. I urge the Department to closely review the NAI application in order to determine whether it is fully compliant with federal statutes and the U.S.-European Union Air Transport Agreement. It is my understanding that NAI intends to use an air carrier certificate from Ireland to operate

_ as an Irish air carrier, even though the subsidiary's parent company is based in Norway. Furthermore, it appears that NAI intends to hire pilots and flight crews through a company based in Singapore. This business model appears to be specifically designed to avoid Norwegian labor and social laws in order to put U.S. carriers providing transatlantic flights at a competitive disadvantage. The Department of Transportation can provide an exemption to relevant laws for foreign air carriers if it is found to be in the public interest. The Airline Pilots Association, Airlines for America, and some U.S. air carriers have all expressed their concern that NAI's application is not consistent with DOT's statutorily defined objectives 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)). I am deeply concerned that NAI's business model will set a precedent that could adversely impact the U.S. airline industry's ability to compete with foreign carriers on a level playing field. I strongly encourage DOT to closely review NAI's application and carefully consider whether it is consistent with federal law and relevant international agreements as well as whether it is truly in the public interest. Thank you for your attention to this issue. Sincerely,

Derek Kilmer Member of Congress



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