BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of )

) Norwegian Air International Limited )) Docket DOT-OSTfor an exemption under 49 U.S.C. § 40109 ) 2013-0204 and a foreign air carrier permit pursuant ) to 49 U.S.C. § 41301 )

ANSWER OF FEDERAL EXPRESS CORPORATION IN SUPPORT OF NORWEGIAN AIR INTERNATIONAL LIMITED'S MOTION FOR LEAVE TO FILE AND EXPEDITED TREATMENT

Communications with respect to this document should be sent to: Nancy S. Sparks Managing Director Regulatory Affairs FEDERAL EXPRESS CORPORATION 1700 Pennsylvania Avenue, N.W. Suite 950 Washington, D.C. 20006 (202) 393-9286 (phone) (202) 628-0654 (fax) Email: nssparlcs@fedex.com M. Rush O'Keefe, Jr. Senior Vice President & General Counsel Steven H. Taylor Vice President Regulatory Affairs Courtney E. Felts Senior Counsel — Regulatory Affairs FEDERAL EXPRESS CORPORATION 3620 Hacks Cross Road Building B, 3rd Floor Memphis, Tennessee 38125 (901) 434-8632 (phone) (901) 434-8283 (fax) Email: cefelts@fedex.com Attorneys for FEDERAL EXPRESS CORPORATION

Dated: June 9, 2015BEFORE THE DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY WASHINGTON, D.C.

Application of Norwegian Air International Limited for an exemption under 49 U.S.C. § 40109 and a foreign air carrier permit pursuant to 49 U.S.C. § 41301 Docket DOT-OST2013-0204

ANSWER OF FEDERAL EXPRESS CORPORATION IN SUPPORT OF NORWEGIAN AIR INTERNATIONAL LIMITED'S MOTION FOR LEAVE TO FILE AND EXPEDITED TREATMENT Pursuant to 14 C.F.R. § 302.11(e), Federal Express Corporation ("FedEx") files this Answer in Support of Norwegian Air International Limited's (NAI) Motion for Leave to File and Expedited Treatment, served June 1, 2015, relating to NAI's pending application in this Department of Transportation (the "Department") docket for a foreign air carrier permit. FedEx has outlined its support, in previous filings in this docket, l of the issuance of a foreign air carrier permit to NAI. No reason exists for the rejection of NAI's application, and the Department should approve NAI's application without delay. FedEx incoiporates by reference the arguments and points contained in its Answer and Reply filed in this docket, as if fully set forth herein. 2 FedEx also

' See Answer of Federal Express Corporation, Docicet DOT-OST-2013-0204, February 12, 2014 (http://airlineinfo.com/ostpdf89/692.pdf ); and Repiy of Federal Express Corporation, Docket DOTOST-2013-0204, February 21, 2014 (http://airlineinfo.com/ostpdf89/781.pdf ). 2 I!a 2specifically reiterates its contention that rejecting NAI's application for a foreign air

carrier permit would be a clear violation of the U.S.-European Union ("EU") Air Services Agreement (the "U.S.-EU Open Skies Agreement"). In addition, even though there are no grounds for rejecting NAI's application as far as safety, ownership and control, and pertinent labor standards are concerned, NAI nonetheless provided a letter from its parent company's (Norwegian Air Shuttle, "NAS") Chief Executive Officer indicating that NAI will only use U.S. and European crew personnel on NAI's transatlantic flight operations. 3 FedEx submits that this voluntary commitment from NAI/NAS effectively nullifies the primary objection of opponents to NAI's application. Moreover, FedEx must emphasize its grave concern with any potential Department action that could result in a disruption of the aviation marlcetplace and a decrease or even cessation of some U.S. carrier operations. FedEx maintains its position that the Department's failure to approve the NAI application will constitute a breach of the U.S.-EU Open Skies Agreement, and the extensive benefits of the U.S.-EU Open Skies Agreement will be immediately endangered. Such a result would cause irreparable harm to the U.S. travelers, consumers, employees, and companies who have significant dependence on a fully liberalized U.S.-EU aviation network. Accordingly, FedEx urges the Department to uphold the U.S.-EU Open Skies Agreement by approving NAI's application and to do so without delay.

3 See, Exhibit I at 2, Motion of Norwegian Air International Limited for Leave to File and Expedited Treatment, Docket-DOT-OST-2013-0204, June 1, 2015. 3Respectfully submitted,

FEDERAL EXPRESS CORPORATION

~• `~ ~ , Courtney E. Felt Senior Counsel Regulatory Affairs June 9, 2015

CERTIFICATE OF SERVICE A copy of the foregoing Answer has been served this 9 th day of June, 2015, upon the following persons via email: romanow@pillsburylaw.com paul.gretch@dot.gov peter.nelson@pillsburylaw.com robert.finamore@dot.gov russell.bailey@alpa.org brian.hedberg@dot.gov steve.morrissey@united.com englets@state.gov dan.weiss@united.com cristinasa@state.gov sascha.vanderbellen@delta.com eugene.alford@trade.gov howard.kass@aa.com info@airlineinfo.com robert.wirick@aa.com dberg@airlines.org francis.heil@aa.com jcasey@airlines.org robert.land@jetblue.com kglatz@airlines.org rpommer@atlasair.com cbethke@airlines.org anita.mosner@hklaw.com mrichardson@swapa.org jennifer.nowak@hklaw.com edw@ttd.org mlbenge@zsrlaw.com sshur@traveltech.org ejames@jamhoff.com rdow@ustravel.org clytle@portoakland.com kgeorge@broward.org leo@washingtonairports.com keith@washingtonairports.com

Courtney E. Felt