THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20590 

The Honorable Peter A. DeFazio 

U.S. House of Representatives 

Washington, DC 20515 

Dear Congressman DeFazio: 

March 10,2014 

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 currently 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 -2013-0204, as a contact outside the record of this case. You may track the progress 

of this 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 -2013-0204. 

I hope this information is helpful. 

Anthony R. Foxx 
PETER A. DEFAZ\0 

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December I 7, 20 13 

The Honorable Anthony Foxx 

U.S. Department of Transportation 

1200 New Jersey Ave, SE 

Washington. DC 20590 

Dear Secretary Foxx: 

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I am writing to express my deep concern over the application before your Department by 

Norwegian Air International Limited (NAI) for exemption authority and a foreign air carrier 

permit. Approval ofthis application (Docket DOT-OST-2013-0204) would not be in the public 

interest. 

NAI is trying to get around labor laws and regulations by registering its aircraft in 

Ireland, just like ships in the maritime industry are registered (or flagged) in countries with less 

stringent environmental and labor standards in order to cut costs. These " Flag of Convenience" 

ships are notorious for poorly trained, poorly paid crews, and poorly maintained ships. I've 

spent years fighting this type of activity by the owners of ships, and am extremely concerned the 

same practices are about to begin with airlines looking to cut corners and save money. 

Behind the NAI application is a global outsourcing business model for its pilots and flight 

attendants (or ''aircrew") that will put U.S. airlines and their employees at a competitive 

disadvantage. Indeed, this airline bearing the name "Norwegian" describes itself in the 

application as "a foreign carrier of Ireland." NAI's application provides little information about 

itself or its plans, but based on the media reports, it appears to be in the same corporate family 

with another carrier, a rapidly-growing low-cost airline, Norwegian Air Shuttle (NAS). 

I am concerned by NAS' publicly-stated desire to avoid the obligations ofNorwegian 

labor law. NAS has stated that, to conduct its new long-haul operations, including those to the 

U.S .. it will seek to register its aircraft in, and receive an air operator's certificate from, a 

European Union country whose labor Jaws, unlike Norway's, will allow outsourcing of aircrew 

beyond the EU. NAS!NAl has chosen Ireland. NAS has stated that it plans to operate this Irish 

subsidiary-registered aircraft to fly from Norway and other EU points to the United States with 

outsourced lower-wage aircrew, based in Southeast Asia, under individual employment contracts 

governed by Singapore law. It appears that NAS intends to use NAI as its Irish affiliate to bring 

its plan to fruition. 

NAl/NAS's business model is designed expressly to undermine fair wages and working 

conditions. It would also put U.S. carriers who are following U.S. regulations at a competitive 

s 10-131223-005 THIS STATIONERY PRINTED ON PAPER MADE WITH RECYCLED FIBERS 
NAI/NAS's business model is designed expressly to undermine fa ir wages and working 

conditions. It would also put U.S. carriers who are following U.S. regulations at a competitive 

disadvantage. Approval of NAI's applicati on for authority would be inconsistent with the 

Congressionally-established public interest as set forth in the aviation statutes and set a 

dangerous precedent. · 

I urge DOT to deny NAI's appli cati on and do everything in its power to d iscourage 

additional a irlines from attempting similar -- Fl ag o f Convenience·' schemes. Thank you for your 

consideration. 

510-131223-005 

Sincerely. 

~!?:R 0 cFAZ -~LU Member o f Congress