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 Air 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 Airports 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 

to 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 shall "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 concerns 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 decision 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 encouraging 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 invite 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 

appears 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, 2014
CERTIFICATE 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 carrier 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@aa.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.gov
matthew.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