403691604v1 BEFORE THE

U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) )

NORWEGIAN LONG HAUL AS ) ) Docket No. OST

- 201 2

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

and a foreign air carrier permit pursuant to ) 49 U.S.C. § 4130 1 ( 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: romano w@pillsburylaw.com justin.bintrim@pillsburylaw.com

Counsel f or NORWEGIAN LONG HAUL AS

October 1 6 , 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

. Norweg ian 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 A S ) ) 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 LO NG 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 fore ign 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 Tran sport 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 a u thority 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 su pport 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 A ir 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) F oreign 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) F oreign 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) F oreign sc heduled and charter air transportation of cargo between any

point or points in the United States and any other point or points;403691604v1 (e) S cheduled 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) O ther charters pursuant to the prior approv al 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

Aviatio n Authority of Norway 1 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 gal lons or more, and therefore will not compr i se 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 assi stance 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. Ver ification: 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 autho rity 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 foreig n 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 1 6 , 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 Ha ul AS403691604v1 CERTIFICATE OF SERVICE

The undersigned certifies that on October 1 6 , 201 2 , 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 Morriss ey 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 Str eet, 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 Leo pard 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 17 th Street, N.W., Suite 700 Washington, D.C., 20006

- 3309 mlbenge@zsrlaw.com Anita Mosner

Counsel for United Parcel Service Holland & Knight

800 17 th Street NW, Suite 1100

W ashington, 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

Meli nda A. Hernandez403691604v1 

### TABLE OF EXHIBITS

Exhibit A Air Operator Certificate

Exhibit B OST Form 6411, Foreign Air Carriers Certificat e of Insurance

Exhibit C OST Form 4523

, Waiver of Warsaw Convention Liability Limits

Exhibit D Foreign Air Carrier Family Ass istance Plan

Exhibit E Summary of Passenger Manifest Information Collection Procedures

Exhibit F Verification403691604v1 

### EXHIBIT A

AIR OPERATOR CERTIFICATE403691604v1403691604v1 

### EXHIBIT B

OST FORM 6411

FOREIGN AIR CARRIERS CERTIFICATE OF INSURANCE

(ATTACHED)403691604v1403691604v1403691604v1 

### EXHIBIT C

OST FO RM 4523

WAIVER OF WARSAW CONVENTION LIABILITY LIMITS

(ATTACHED)403691604v1403691604v1 

### 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 per sonnel 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 su rvivors 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 app ointed 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 4 1313), 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

man u als.

2.2. The treatment of families of non

- revenue pa ssengers (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. Trai ning 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 t hem.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

releas ed 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 No rwegian 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 o b tain dental records and dental x

rays.

2.5.8. Norwegian Long Haul will ensure that its emplo yees and agents receive adequate training to meet the needs of survivors and family members following an acc i dent.

3. Passenger Manifest, Ticket Reconciliation and Notification

3.1. In order to determine which passengers actually boarded the flight, Norw egian 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 th eir 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/sensi tive 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. Not ification 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 ext ent 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

ins ure 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 continu ally 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 off icial 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 acci dent 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 indiv idual 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 t his 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 tr avel 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 vict im’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 foll owing 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, an y 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 wit h 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 t he 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 ac cident

- site property damage; and (c) to obtain detailed evidence of property damage as soon as possible following the accident, consistent with

r e strictions 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 avai lable 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 ba sis 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 wher e 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

r e vise 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 volunta rily 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 con tact 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 day s 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 th is 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 boardin g 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 b e 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 ope rations center personnel at any time by dialing +4767593073 or via email at operations@norwegian.no

.403691604v1 

### EXHIBIT F

VERIFICATION