BEFORE THE DEPARTMENT OF TRANSPORTATION

WASHINGTON, DC

________________________________________________ ) Application of ) NORWEGIAN AIR INTERNATIONAL LIMITED ) Docket DOT

- OST

- 2013

- 0204 for an exemption under 49 U.S.C § 40109 and ) a foreign air carrier permit pursuant to 49 U.S.C. § 41301 ) ________________________________________________)

ANSWER OF THE WASHINGTON AIRPORTS TASK FORCE
The Washington Airports Task Force (WATF) strongly supports the grant of authority to Norwegian Ai r International Ltd. to operate transatlantic air service to destinations within the United States. The WATF submits the following in support of Norwegian Air International's application for an exemption and a foreign air carrier permit:

1) The Washington A irports Task Force fosters the role of air transportation in the economic and cultural life of the National Capital Region and its neighboring states. The WATF cultivates relationships and promotes airline competition and regional collaboration in order

t o create sustainable air service and economic growth. The WATF is goal

- oriented and works in concert with the public and private sectors to catalyze hundreds of millions of dollars in economic return.

2) The WATF notes the following key points made by the Director of Aviation (the Director) for the European Commission’s Directorate General for Mobility and Transport (DG MOVE)regarding the legal meaning and applicability of Article 17 bis (as was spelled out in the

Department's Notice dated August 4, 2014):

a. The European Commission believes "that Article 17 bis does not provide a legal basis for unilaterally denying an application under Article 4 because (1) Article 4 makes no reference to Article 17 bis and (2) Article 17 bis itself does not formulate a legal rule that can be applied unilaterally by one party." b. "The Director asserted that paragraph 1 of Article 17 bis sets out the parties' views on the "importance of the social dimension" of the Agreement and the "intentions" underlying the opportunities it creates. It does not provide for legal consequences to be drawn from these views. According to the Director, its paragraph 2 refers to paragraph 1 as containing certain principles. These principles s hall "guide" the parties as they implement the Agreement. Such implementation is referred to as a matter to be dealt with by "the parties," not any one single party. By the same logic, paragraph 2 refers to "regular consideration by the Joint Committee." DG MOVE asserted that such consideration is clearly directed at two aspects, namely the "social effects of the Agreement" and the "development of appropriate responses to concerns found to be legitimate." The context implies that a "finding" that concer ns are "legitimate" can be made only through agreement between the parties and that "responses" cannot be developed unilaterally by one party against the interests of the other party."

c. "The Director reiterated DG MOVE’s position that any unilateral decisio n to deny an application using Article 17 bis runs against the letter and spirit of the Agreement."3) The WATF fully endorses the Commission's views as being consistent with the language of

Article 17 bis and the Parties' intent of opening markets and encou raging competition among, and innovation by, airlines. Moreover, for the Department to take a contrary view at this time would place the U.S. Government in direct conflict with the European Commission's clearly expressed legal position and potentially inv ite retaliation and a trade war.

For these reasons, as well as for the reasons outlined in its Comments of February 13, 2014, the Washington Airports Task Force reiterates its strong support for the application of Norwegian Air International for authority to operate transatlantic air service in the belief that further developments in low

- fare transatlantic service will benefit Transatlantic market growth, offer travelers a choice among air service providers, and bolster the U.S. economy. Since there
appea rs to be no basis whatsoever for further delay in this case, the time has come for the Department of Transportation to make a final decision granting Norwegian Air International the operating authority for which it has applied.
Respectfully Submitted,

_________________________ Keith W. Meurlin President Washington Airports Task Force 44701 Propeller Court, Suite 100 Dulles, Virginia 20166 Phone: 703

- 572

- 8714 FAX: 703

- 572

- 8418 keith@washingtonairports.com
August 13, 2014CERTIFICATE OF SERVICE

I hereby certify that I, Keith W. Meurlin , have today served a copy of these Comments of the Washington Airports Task Force in support of the Application of Norwegian Air International Limited for an exemption under 49 U.S.C § 40109 and a foreign air carri er permit pursuant to 49
U.S.C. § 41301.
romanow@pillsburylaw.com peter.nelson@pillsburylaw.com russell.bailey@alpa.org jonathan.cohen@alpa.org steve.morrissey@united.com thomas.bolling@united.com dan.weiss@united.com sascha.vanderbellen@delta.com howard. kass@aa .com robert.wirick@aa.com francis.heil @ a a.com rpommer@atlasair.com nssparks @fedex.com gbleopard@fedex.com anita.mosner@hklaw.com jennifer.nowak@hklaw.com mlbenge@zsrlaw.com dberg@airlines.org jcasey@airlines.org kglatz@airlines.org robert. finamore@dot .gov paul.gretch@dot.gov john.allen@faa.gov john.chen@faa.gov jesse.elliot@faa.gov nicholas.tsokris@faa.gov eugene.alford@trade.gov ejames@jamhoff.com elytle@portoakland.com kgeorge@broward.org sshur@traveltech.org edw@ttd.org mrichardson@swapa .org cc@eurocockpit.be engleTS@state.govmatthew.baldwin@ed.europa.eu

Emmanuelle.maire@ed.europa.eu David.batchelor@sesarju.eu Ottar.ostnes@sd.dep.no John.hanlon@elfaa.com

__________________ _______ Keith W. Meurlin August 13 , 2014