THE SECRETAR Y OF TRANSPORTATION WASH INGTON, D .C. 20590

The Honorable E li zabeth H. Esty U.S. Hou se ofRepresentatives Was hin g t o n , D C 205 15 Dear Co ngre sswoman Esty: April 03 , 2014

Thank you for yo ur letter regardin g the applic ation ofNorwegian Air International Lim ited (NAI) for a uth ority to conduct U.S. se rv ices. Gi ven that a numb er of inte r es ted p art ies have filed re spo n s i ve pleadings to NAI's application and this matter is curre ntl y pendin g b efore th e D epartm ent , I am s ure yo u under stand that I canno t comment o n the merits ofNAI 's app li cati o n . I assu r e you, h owever, th at we will giv e full and carefu l consideration to a ll of the pleadin gs filed o n the re cord before we reach a determination in thi s matter. As is our standard p rac tic e , I am placin g a cop y of yo ur lette r and my re s po n se in Docket DOT-OST-2013-0204 , as a co ntac t outs i de th e reco rd of thi s case. You may track the progress of thi s case and v iew the pub licl y ava il ab le doc ume nt s fi led in the docket by accessing the Federal Docket Manageme nt System at www.regu lati o n s.gov and searchin g for Docket DOT-O ST -2013-0204. I hop e thi s informati o n is he lp ful. S inc ere ly ,ELIZABETH H ESTY 5TH OlsTRlCT, CONHECnCUT COMMITTEE ON ;PORTATION AND INFRASTRUCTURE SUUCC»JUITT£E ON HIGHWAYS AND TRANSIT

SuBCOI.wtnEE 011 OADS, PtPEl.IH£S AIID HAzARDOUS MATEruAl.S SuBCOIJWlTEE Otl Aw.natf COMMITTEE ON ENCE, SPACE, AND TECHNOLOGY

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### 20515-0705
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### The Honorable Anthony Foxx Secretary U.S. Department ofTransportation 1200 New Jersey Avenue SE Washington, DC 20590
Dear Secretary F oxx: February 14,2014 DISTRICT OFFlCE 114 WEST MAll• Sma, SUJTE 208 New BRITMl, CT 06051 (860) 223-8412
WASHINGTON OFFtCE 509 CAtmON HOUSE OFFICE BUI\OiffG**WASHit~GTON,** DC 20515 (202) 225-4476 www.esty.house.gov Twlltor.comiRopEsty Facobook.com/RapEsty Youlubo.comiRepEsty



### l write regarding Norwegian Air International's (NAI) application for a Foreign Air Carrier Permit. I understand you will be making a determination on NAI's application in the near future, and I urge you to reject it, as the arrangement proposed in the application violates U.S. aviation statutes and the U.S.-European Union Air Transport Agreement (ATA). As you know, NAI, a subsidiary of Norway-based Norwegian Air Shuttle (NAS), is seeking to operate as an Irish airline, despite being based out of Norway. Furthermore, NAI will use a third-party hiring company to contract with the pilots and cabin crew. By operating as an Irish airline and hiring employees through a thirdparty contractor, NAI will be able to circumvent Norwegian labor laws and employment standards and undercut competition. This employment scheme runs counter to the Department ofTransportation 1 S 

### (DOT) duty to ensure that foreign air transportation permitted in the U.S. is in the public interest, which includes ensuring equality with foreign air carriers and encouraging fair wages and working conditions ( 49 U.S.C. §§41302, 40101(a)(5) and (a){IS)). It 

### is of paramount importance that pilots and crew are paid wages that reflect the high level of training and professionalism associated with theirjobs. The U.S.-European Union Air Transport Agreement (ATA) states that "the opportunities created by the Agreement are not intended to undennine labor standards or the labor-related rights and principles contained in the Parties' respective laws." I urge you to carefully examine NAI's Foreign Carrier Penn it application to ensure that NAI is not in violation of the agreed-upon principles of the ATA. I appreciate your thoughtful consideration of this important issue, and I look forward to your decision.



### 510-140219-024 Sincerely,

izabeth H. Esty Member of Congress

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