403691604v1

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

)

NORWEGIAN LONG HAUL AS )

) Docket No. OST-2012-

For an exemption pursuant to 49 U.S.C. § 40109 )

and a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (Norway/EU-US) )

__________________________________________)

APPLICATION OF NORWEGIAN LONG HAUL AS

FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

Communications with respect to this document should be addressed to:

Josh Romanow

Justin Bintrim

PILLSBURY WINTHROP

 SHAW PITTMAN LLP

2300 N Street, N.W.

Washington, D.C. 20037

Tel: (202) 663-8000

Fax: (202) 663-8007

E-mail: romanow@pillsburylaw.com

justin.bintrim@pillsburylaw.com

 

Counsel for NORWEGIAN LONG HAUL AS

October 16, 2012

NOTE: Any person may support or oppose this Application by filing an answer and serving a 

copy of the answer on counsel for Norwegian Long Haul AS and upon each person served with 

this application. Answers to the exemption application are due by October 31, 2012; answers to 

the permit application are due by November 6, 2012. Norwegian Long Haul AS intends to poll 

on this application and will advise the Department of the results.
403691604v1

BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

__________________________________________

)

Application of )

)

NORWEGIAN LONG HAUL AS )

) Docket No. OST-2012-

For an exemption pursuant to 49 U.S.C. § 40109 )

and a foreign air carrier permit pursuant to )

49 U.S.C. § 41301 (Norway/EU-US) )

__________________________________________)

APPLICATION OF NORWEGIAN LONG HAUL AS

FOR A FOREIGN AIR CARRIER PERMIT AND EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. §§ 40109 and 41301, Part 211 of the Department’s economic 

regulations, and the Department’s rules of practice, Norwegian Long Haul AS (“Norwegian

Long Haul”), a foreign air carrier of the Kingdom of Norway, hereby applies for exemption 

authority and a foreign air carrier permit to enable it to conduct (1) foreign scheduled and charter 

air transportation of persons, property, and mail between points behind Norway, via Norway and 

intermediate points, and any point or points in the United States and beyond; and (2) foreign 

scheduled and charter air transportation of persons, property and mail to the full extent permitted 

under the U.S. - EU (EU – Iceland, Norway) Air Transport Agreement of June 21, 2011 (the 

“Air Transport Agreement”), as more fully described herein.

This application is filed pursuant to the Department’s notice of February 19, 2009 

relating to Application Procedures for Foreign Air Carriers of the European Union. Consistent 

with the Department’s notices of May 3, 2007 and August 23, 2005 (Docket No. OST-2005-
403691604v1

22228), Norwegian Long Haul requests expedited processing of this application to allow it to 

begin the proposed services as soon as possible. 

The authority sought herein will result in increased travel opportunities, greater service 

options, and enhanced competition, thereby benefiting consumers in the United States, Norway,

and the Member States of the European Union. The following is provided in support of this 

application:

1. The applicant’s full name is Norwegian Long Haul AS. Its principal place of 

business is located at Oksenøyveien 3, Postboks 115, 1330 Fornebu, Norway. 

211.20(a). 

2. Consistent with rights available to carriers of parties to the Air Transport 

Agreement, Norwegian Long Haul requests authority to engage in:

(a) Foreign scheduled and charter transportation of persons, property and mail 

between points behind Norway, via Norway and intermediate points, and 

any point or points in the United States and beyond;

(b) Foreign scheduled and charter air transportation of persons, property and 

mail from any point or points behind any Member State of the European 

Union via any point or points in any Member State and via intermediate 

points to any point or points in the United States and beyond;

(c) Foreign scheduled and charter air transportation of persons, property, and 

mail between any point or points in the United States and any point or 

points in any member of the European Common Aviation Area;

(d) Foreign scheduled and charter air transportation of cargo between any 

point or points in the United States and any other point or points; 
403691604v1

(e) Scheduled and charter transportation consistent with any future, additional 

rights that may be granted to foreign air carriers of the Member States of 

the European Community;

(f) Other charters pursuant to the prior approval requirements of 14 CFR Part 

212 of the Department’s Regulations. 211.20(c)

3. Norwegian Long Haul’s Air Operator Certificate from the Luftfartstilsynet/Civil 

Aviation Authority of Norway1 is attached hereto as Exhibit A. 211.20(b) and (i).

4. Norwegian Long Haul’s insurance meets the minimum requirements specified in 

14 C.F.R. 205. A copy of OST Form 6411, Foreign Air Carriers – Certificate of 

Insurance is attached hereto as Exhibit B. 211.20(h).

5. A copy of OST Form 4523 – Waiver of Warsaw Convention Liability Limits is 

attached hereto as Exhibit C. 211.20(t).

6. Grant of the authority sought herein will not result in a near term increase in fuel 

consumption of ten million gallons or more, and therefore will not comprise a 

“major regulatory action” under the Energy Policy and Conservation Act of 1975, 

as defined at 14 C.F.R. § 313(a)(1).

7. Foreign Air Carrier Family Assistance Plan: Norwegian Long Haul will submit its 

family assistance plan to the National Transportation Safety Board. A copy is 

attached hereto as Exhibit D. 

8. Summary of Passenger Manifest Information Collection Procedures: A summary 

of Norwegian Long Haul’s Passenger Manifest is attached hereto as Exhibit E. 

 1 The principal address of Luftfartstilsynet is PO Box 243 N-9001 BOD0 Norway; telephone +47 75 58 50 00.
403691604v1

9. Verification: The verification required by 14 C.F.R. § 302.4(b) is attached hereto

as Exhibit F.

10. As demonstrated by the information provided herein, Norwegian Long Haul is 

fully qualified to operate the services for which authority is herein requested; 

grant of the requested authority is consistent with Air Transport Agreement and 

will, therefore, serve the public interest.

WHEREFORE, based on the foregoing information, Norwegian Long Haul respectfully 

requests that the Department issue an exemption and foreign air carrier permit authorizing 

Norwegian Long Haul to engage in foreign scheduled and charter air transportation of persons, 

property, and mail, as more fully described above. 

October 16, 2012

Respectfully submitted,

______________________

Josh Romanow

Justin Bintrim

PILLSBURY WINTHROP SHAW PITTMAN LLP

2300 N Street, NW

Washington, DC 20037

Phone: (202) 663-8000

Fax: (202) 663-8007

Email: romanow@pillsburylaw.com

 justin.bintrim@pillsburylaw.com

Counsel for Norwegian Long Haul AS
403691604v1

CERTIFICATE OF SERVICE

The undersigned certifies that on October 16, 2012, the Application of Norwegian Long 

Haul AS for an Exemption and Foreign Air Carrier Permit was served by electronic mail on the 

individuals identified below:

Steve Morrissey

United Airlines

steve.morrissey@united.com

Dan Weiss 

Continental Airlines

dan.weiss@coair.com

Robert Wirick

Francis Heil

American Airlines, Inc.

robert.wirick@aa.com

francis.heil@aa.com

Sametta C. Barnett

Sascha Vanderbellen

Delta Airlines

1275 K Street, N.W.

Washington, D.C. 20005

sametta.c.barnett@delta.com

sascha.vanderbellen@delta.com

Jesse Elliot

Douglas Schwab

FAA New York IFO

1 Aviation Plaza, Room 504

Jamaica, NY 11434

jesse.elliot@faa.gov

douglas.schwab@faa.gov

Nancy S. Sparks

Bailey Leopard

Federal Express Corporation

1101 Pennsylvania Avenue, NW

Suite 600

Washington, DC 20004

nssparks@fedex.com

gbleopard@fedex.com

Howard Kass

U.S. Airways

1401 H Street, N.W. Suite 1075

Washington, D.C. 20005

howard.kass@usairways.com

Malcolm L. Benge

Counsel for North American/World Airways

Zuckert Scoutt & Rasenberger, L.L.P.

888 17th Street, N.W., Suite 700

Washington, D.C., 20006-3309

mlbenge@zsrlaw.com

Anita Mosner

Counsel for United Parcel Service

Holland & Knight

800 17th Street NW, Suite 1100

Washington, DC 20006

anita.mosner@hklaw.com

Russell E. Pommer

Associate General counsel & Sr. Director

 Regulatory Affairs

Atlas Air Inc.

1747 Pennsylvania Avenue, NW Suite 875

Washington, DC 20006

rpommer@atlasair.com

/s/Melinda A. Hernandez

Melinda A. Hernandez
403691604v1

TABLE OF EXHIBITS

Exhibit A Air Operator Certificate

Exhibit B OST Form 6411, Foreign Air Carriers Certificate of Insurance

Exhibit C OST Form 4523, Waiver of Warsaw Convention Liability Limits

Exhibit D Foreign Air Carrier Family Assistance Plan

Exhibit E Summary of Passenger Manifest Information Collection Procedures

Exhibit F Verification
403691604v1

EXHIBIT A

AIR OPERATOR CERTIFICATE
403691604v1
403691604v1

EXHIBIT B

OST FORM 6411

FOREIGN AIR CARRIERS CERTIFICATE OF INSURANCE

(ATTACHED)
403691604v1
403691604v1
403691604v1

EXHIBIT C

OST FORM 4523

WAIVER OF WARSAW CONVENTION LIABILITY LIMITS

(ATTACHED)
403691604v1
403691604v1

EXHIBIT D

FOREIGN AIR CARRIER FAMILY ASSISTANCE PLAN

1. Overview

1.1. The purpose of the Norwegian Long Haul AS (“Norwegian Long Haul”) Family 

Assistance Plan is to provide company personnel with the guidelines, procedures 

and training that will enable them to act in the best interests of the families of 

passengers involved in any aircraft accident involving Norwegian Long Haul

aircraft and resulting in a major loss of life, to treat survivors and families with 

dignity, and to respect the cultural and religious backgrounds of survivors and 

families.

1.2. This document is a part of a larger effort, which includes the National 

Transportation Safety Board, other government entities and appointed 

independent non-profit organizations, to assist survivors and families in the event 

of an aviation disaster.

2. Pre-Response Planning

2.1. In accordance with the Foreign Air Carrier Family Assistance Act of 1996 (49 

U.S.C. Section 1136 & Section 41313), as amended by Vision 100 – Century of 

Aviation Reauthorization Act, Norwegian Long Haul will publish this Family 

Assistance Plan and insert this plan into all appropriate Norwegian Long Haul

manuals.

2.2. The treatment of families of non-revenue passengers (and any other victim of the 

accident) will be the same as the treatment of the families of revenue passengers.

2.3. The Norwegian Long Haul Emergency Response Team will be utilized to respond 

to likely needs of survivors and families.

2.4. Training will be based upon employee’s responsibilities and Norwegian Long 

Haul will provide logistical support to the Response Team.

2.5. Training of Family Assistance Personnel will be conducted in conjunction with 

Norwegian Long Haul’s training recognizing that:

2.5.1. A list of trained Family Assistance Personnel will be maintained in the 

Norwegian Long Haul Emergency Response Plan.

2.5.2. Personnel who are in public contact positions need to know how to 

respond to inquiries and facilitate responses to them.
403691604v1

2.5.3. Families may seek assistance from Norwegian Long Haul at airports that 

are neither the origin nor the destination of the flight.

2.5.4. Simulations of the Plan will be held annually in addition to participation in 

local disaster drills.

2.5.5. After an aviation disaster involving a Norwegian Long Haul aircraft, a 

toll-free “800” number will be published for the use of families to inquire 

about passengers.

2.5.6. It is Norwegian Long Haul’s policy that manifest information will only be 

released by the designated Norwegian Long Haul Coordinator to the 

proper NTSB authorities, the director of family support services 

designated for the accident under section 1136(a)(1), the organization 

designated for the accident under section 1136(a)(2); the Norwegian Long 

Haul NTSB Family Assistance Coordinator, Norwegian Long Haul’s 

President, the Executive Vice President, Vice President of Flight 

Operations or Vice President of Human Resources and Administration or 

their authorized representatives. Any other release of manifest 

information is considered unauthorized and prohibited.

2.5.7. Norwegian Long Haul will inform family members (or family friends or 

clergy who are with the family) at an appropriate time, but as early as 

possible after being notified, that it is critical that they contact their family 

dentist to obtain the dental records and dental x-rays of their loved one. 

Norwegian Long Haul will ask the family to have the records and x-rays 

sent by special courier to the address of the hotel where the joint family 

support operations center will be located. Packages should be addressed to 

the Director, Family Support Services, NTSB. If the family is coming to 

the site the next day, the family may arrange to hand-carry these 

documents. If the family is already at the accident site or arrives without 

making these arrangements, the Disaster Mortuary Team personnel will 

coordinate with the family’s dentist to obtain dental records and dental xrays.

2.5.8. Norwegian Long Haul will ensure that its employees and agents receive 

adequate training to meet the needs of survivors and family members 

following an accident.

3. Passenger Manifest, Ticket Reconciliation and Notification

3.1. In order to determine which passengers actually boarded the flight, Norwegian 

Long Haul personnel immediately after the accident will begin a review of the 

following:
403691604v1

3.1.1. On board Passenger Manifest.

3.1.2. Standby passengers.

3.1.3. Non-revenue passengers.

3.1.4. Re-routed passengers.

3.1.5. Passengers who cancelled their reservation.

3.1.6. Jump seat riders.

This process could be delayed by persons traveling under different names.

3.2. Norwegian Long Haul will release, upon request, to the NTSB Family Services 

Director a passenger list. This would be upon the firm understanding that the list 

reflects the best available information at the time of the request, that it may have 

inaccuracies and it may not be complete.

3.2.1. All personnel involved with handling the manifest will be briefed as to the 

confidential/sensitive nature of this information.

3.2.2. All appropriate manifest lists will be stamped “PRELIMINARY AND 

UNCONFIRMED” with date, time and list number.

3.2.3. Norwegian Long Haul will update the list periodically.

3.2.4. Upon request, Norwegian Long Haul will provide to the Department of 

State information in its possession about foreign passengers.

3.2.5. Norwegian Long Haul will coordinate as necessary with the Department 

of Justice for family meetings to explain Department of Justice services.

3.3. Notification Procedures

3.3.1. As soon as information becomes available on each passenger, that 

passenger’s family will be notified.

3.3.1.1. Notification to family members will be made prior to release of 

the passenger’s name to the public and, to the extent practical, in 

person.

3.3.2. Norwegian Long Haul personnel making the notification will be suitably 

trained as noted in Paragraphs 2.4, 2.5 and 2.5.8 of this document.
403691604v1

3.3.3. Norwegian Long Haul will secure a facility for family members that will 

insure privacy from solicitors and the media.

3.3.4. After coordination with NTSB, Norwegian Long Haul will provide a joint 

support operations center to provide logistical support to the federal staff.

3.3.5. As appropriate, Norwegian Long Haul will continually update the public 

on the progress of family notification.

3.4. Confidential/Sensitive Information

3.4.1. As stated in paragraph 2.5.7 of this document, any unauthorized release of 

manifest information is prohibited.

4. Passenger Identification

4.1. Medical Examiner/Coroner

4.1.1. The medical examiner or coroner is responsible for the positive 

identification of fatalities.

4.1.1.1. If the victim has died, the medical examiner will coordinate with 

the Disaster Mortuary Team Commander to provide official 

notification of death to family.

4.1.1.2. For injured passengers, the hospital is responsible for status 

updates and either the hospital or Norwegian Long Haul will 

advise the families.

5. Family Access to the Accident Site.

5.1. The NTSB has accident site jurisdiction.

5.2. Within the limits established by the authorities, Norwegian Long Haul will 

respond to family requests for access to the accident scene.

5.3. Norwegian Long Haul will assist up to two members (exceptions would be made 

as individual cases and cultural differences would have to be considered) of the 

family of a passenger traveling to the location of the accident and provide for the 

physical care of the family while the family is staying at such location.

5.3.1. For purposes of this plan, “Family” shall mean legal or common law 

spouse (specifically excluding “same-sex spouses”), parents or children of 

the injured/deceased. If the deceased has no Family as defined, up to two 

close living relatives would be considered “Family.”
403691604v1

5.3.2. Physical care.

5.3.2.1. Transportation to and from accident city.

5.3.2.2. Transportation to and from accident site.

5.3.2.3. Hotel accommodations at accident city for a reasonable time 

period.

5.3.2.4. Meal voucher during hotel stay and day of travel to and from the 

accident city.

6. Human Remains and Personal Effects

6.1. The medical examiner is responsible for the disposition of identifiable and 

unidentifiable human remains.

6.2. Authorities should return identifiable personal effects to victim’s family rather 

than having Norwegian Long Haul become a custodian of them; authorities 

should determine disposition of unidentifiable personal effects.

6.3. Personal effects that come into the control of Norwegian Long Haul will be 

handled in the following manner after release from the NTSB:

6.3.1. Norwegian Long Haul will consult with each family about the disposition 

of personal effects that are in Norwegian Long Haul’s control.

6.3.2. Norwegian Long Haul will return to the family, if requested, any 

passenger’s possession that is under the control of Norwegian Long Haul.

6.3.3. Norwegian Long Haul will retain for 18 months any unclaimed property 

of a passenger that is under Norwegian Long Haul’s control.

6.3.4. Norwegian Long Haul will consult with the families about the 

construction by Norwegian Long Haul of any planned monument, 

including the inscription on it.

6.3.5. Norwegian Long Haul will only be able to return personal effects that 

come into Norwegian Long Haul’s control once permission of the NTSB 

has been obtained as the items may have some bearing on the accident 

investigation.
403691604v1

7. Liability for Man-Made Structures

7.1 In accordance with the 49 U.S.C. Section 41313(c), in the event of an accident 

resulting in significant damage to man-made structures or non-government-owned 

property on the ground, Norwegian Long Haul shall promptly provide written 

notification directly to the owner of liability for any property damage and the 

means for obtaining compensation. Such notice shall advise the owner: (a) to 

contact the property insurer as the authoritative source for coverage and 

compensation information; (b) to not rely on unofficial information offered by 

Norwegian Long Haul’s representatives about compensation by Norwegian Long 

Haul for accident-site property damage; and (c) to obtain detailed evidence of 

property damage as soon as possible following the accident, consistent with 

restrictions to the accident site.

8. Simultaneous Electronic Transmission of NTSB Hearings

8.1 In accordance with 49 U.S.C. Section 41313(c), in the event of an accident in 

which the NTSB conducts a public hearing or comparable proceeding at a 

location more than eighty (80) miles from the accident site, Norwegian Long Haul 

shall ensure the proceeding is made available simultaneously by electronic means 

at a location open to the public at the origin city and destination city of the 

Norwegian Long Haul flight, if that city is located in the United States.

9. Relationship with Designated Independent Organization

9.1. Norwegian Long Haul will work with the independent nonprofit organization that 

is designated under 49 U.S.C. Section 1136(a)(2) to provide mental health and 

counseling services to families.

9.1.1. Mental health services can be coordinated on a local basis through the 

nonprofit organization or these services can be brought in from another 

city where the airline may have a Mental Health Professional on retainer.

9.1.2. Should long-term counseling be required, Norwegian Long Haul will 

coordinate with the nonprofit organization appointed by the NTSB, the 

family and the company providing the service.

9.2. Norwegian Long Haul will develop a procedure to pay reasonable compensation 

to the NTSB-designated independent non-profit organization as required by 49 

U.S.C. Section 41313(C)(11) where the nature and scope of its work and the kind 

of costs to be incurred have been discussed and agreed in advance.

9.3. Norwegian Long Haul will coordinate with family members as to their need for 

American Red Cross, or where applicable, Magen David Adom, for assistance.
403691604v1

9.4. Norwegian Long Haul will participate in the daily coordination meetings to 

review daily activities, resolve problem areas, and to synchronize future family 

support operations and activities.

10. Filing of this document with NTSB and DOT

10.1 Pursuant with the Foreign Air Carrier Family Assistance Act of 1996, 49 U.S.C. 

Section 41313(b), this document will be filed with the National Transportation 

Safety Board and the Department of Transportation.

11. Revisions and Code-Share Agreements

11.1. Norwegian Long Haul reserves the right to introduce changes to this plan from 

time to time.

11.2. Norwegian Long Haul does not presently have an approved code-share 

arrangement with any United States carrier. If Norwegian Long Haul were to 

enter into such an agreement and it were approved, Norwegian Long Haul may 

revise this plan.

12. Accidents Not Covered by this Plan

12.1 Norwegian Long Haul will consult with the NTSB and the Department of State if 

it voluntarily provides assistance to U.S. citizens in the United States with respect 

to accidents outside the United States not covered by this plan involving loss of 

life.

13. Emergency Contact Information

13.1 Norwegian Long Haul’s 24-hour, 365 days a year contact is located in Fornebu, 

Norway. Any agent of the U.S. government may contact operations center 

personnel at any time by dialing +4767593073. The telephone numbers have 

been submitted to the NTSB and can be used by the NTSB 24 hours per day, 

seven days per week.
403691604v1

EXHIBIT E

SUMMARY OF PASSENGER MANIFEST INFORMATION 

COLLECTION PROCEDURES

SUMMARY OF 14 C.F.R. 243 PROCEDURES 

NORWEGIAN LONG HAUL AS

Introduction

This summary is submitted by Norwegian Long Haul AS to the U.S. Department of 

Transportation in accordance with 14 C.F.R. Part 243.

Summary of Procedures

For each covered flight segment, Norwegian Long Haul AS shall collect, or cause to be 

collected, the full name of each passenger who is a U.S. citizen. Any U.S. citizen who does not 

provide this information will not be permitted to board.

Norwegian Long Haul AS will request an emergency contact telephone number and name from 

U.S. citizen passengers. As the provision of this information is voluntary, Norwegian Long Haul 

AS will not deny boarding to any passenger who refuses to provide it.

Norwegian Long Haul AS shall store the information collected pursuant to the above procedures 

until passengers on the covered flight segment disembark. This information will be kept 

confidential and will not be used for purposes other than those described herein or disclosed to 

any entity except as required and permitted by law.

In the event of an aviation disaster, Norwegian Long Haul AS shall contact the Managing 

Director of Overseas Citizen Services, Bureau of Consular Affairs, U.S. State Department, by 

telephone. Not later than three hours after confirmation of such a disaster, Norwegian Long Haul 

AS shall transmit to the U.S. State Department and, upon request, the National Transportation 

Safety Board, the information collected in accordance with these procedures.

24 Hour Contact Information

Norwegian Long Haul AS’s 24-hour operations center is located in Oksenǿyveien 3, Postboks 

115, 1330 Fornebu, Norway. Any agent of the U.S. government may contact operations center 

personnel at any time by dialing +4767593073 or via email at operations@norwegian.no. 
403691604v1

EXHIBIT F

VERIFICATION