THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20590 

The Honorable Derek Kilmer 

U.S. House of Representatives 

Washington, DC 20515 

Dear Congressman Kilmer: 

April 04, 2014 

Thank you for your letter regarding the application ofNorwegian Air International Limited 

(NAI) for authority to conduct U.S. services. 

Given that a number of interested parties have filed responsive pleadings to NAI's application 

and this matter is cmrently pending before the Department, I am sure you understand that I 

cannot comment on the merits ofNAI's application. I assure you, however, that we will give full 

and careful consideration 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 

ofthis case and view the publicly available documents filed in the docket by accessing the 

Federal Docket Management System at www.regulations.gov and searching for Docket 

DOT-OST-20 13-0204. 

I hope this information is helpful. 

Sincerely, 

Anthony R. Foxx 
DEREK 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 

s 10-140226-005 PRINTED ON RECYCLED PAPER