BEFORE THE

DEPARTMENT OF TRANSPORTATION

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 (U.S.-EU Open Skies)

)

)

)

)

)

)

)

)

Docket DOT-OST-2013-0204

JOINT REPLY OF DELTA AIR LINES, INC., 

UNITED AIRLINES, INC., AND AMERICAN AIRLINES, INC.

Communications with respect to this document should be addressed to:

Howard Kass

Vice President -- Regulatory Affairs

American Airlines, Inc. 

1401 H Street, NW

Washington, DC 20005

202-326-5153

Howard.Kass@aa.com

Robert A. Wirick

Managing Director, Regulatory and International 

Affairs

American Airlines, Inc.

P.O. Box 619616, MD 5635

DFW Airport, Texas 75161

(817) 963-0394

robert.wirick@aa.com

Hershel I. Kamen

Senior Vice President–Alliances,

Regulatory and Policy

Daniel A. Weiss

Managing Director–International

Affairs and Regulatory

UNITED AIRLINES, INC.

233 South Wacker Drive

10th Floor – HDQIZ

Chicago, IL 60606

(872) 825-6828

hershel.kamen@united.com

dan.weiss@united.com

Alexander Van der Bellen

Managing Director – Regulatory and International 

Affairs & Associate General Counsel

Christopher Walker, Regional Director –

Regulatory and International Affairs

DELTA AIR LINES, INC. 

1212 New York Avenue, N.W. 

Washington, D.C. 20005

(202) 842-4184

sascha.vanderbellen@delta.com

February 21, 2014
BEFORE THE

DEPARTMENT OF TRANSPORTATION

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 (U.S.-EU Open Skies)

)

)

)

)

)

)

)

)

Docket DOT-OST-2013-0204

JOINT REPLY OF DELTA AIR LINES, INC., 

UNITED AIRLINES, INC., AND AMERICAN AIRLINES, INC.

Delta, United and American (the “Joint Carriers”) submit this Reply to the Answers 

received in response to the DOT’s Notice regarding NAI’s permit application.1

The Answer filed by PARAT, a Norwegian Trade Association representing 32,000 

members, including 2,000 employees of Norwegian Air Shuttle (NAS) lays bare any claim 

that NAI’s decision to form in Ireland is anything other than a brazen effort to evade 

Norway’s labor laws. Attached to PARAT’s assertions is a letter from the Royal Norwegian 

Ministry of Transport and Communications which states: “NLH has . . . been very clear about 

that the company’s planned moving of its long haul activity to Ireland is due to that the 

Norwegian immigration [work permit] legislation was not amended.” (PARAT appendix 1). 

This new evidence submitted by PARAT is fully consistent with the other evidence of record, 

 As evidenced 

by the numerous Answers filed in this proceeding, NAI’s request is not a routine fitness 

application. The Department’s decision on this application implicates the carefully 

negotiated U.S-EU air service agreements and should be carefully considered. 

 1 The terms NAI (Norwegian Air International), NAS (Norwegian Air System) and NLH (Norwegian 

Long Haul) have the same meanings as the defined terms in the Joint Carrier’s December 20, 2013

Reply.
Norwegian Joint Reply

Page 2

including the Netskar Declaration, NAS’s public statements, and other documentary 

evidence provided by ALPA. 

NAS’s unsubstantiated claims of alternative “sound business reasons” (NAI Ans. at 

3) ring hollow, and the limited information relayed from NAI to the Joint Committee does not 

provide the Department or interested parties with sufficient evidence to know which version 

of events is true. In order to effectively exercise its public interest mandate, and to uphold 

the express provisions of U.S.-EU Agreement which is “not intended to undermine labor 

standards or the labor-related rights and principles contained in the Parties’ respective 

laws,”2

The first five years of implementation of the U.S.-EU Agreement have been a 

resounding success, sparking additional transatlantic services, opening restricted airports to 

new competition, and benefitting the traveling and shipping public. Contrary to the claims of 

NAI and its supporters, requiring carriers to abide by the terms of the agreement is not 

“protectionist.” The Joint Carriers welcome competition, so long as it is fought across a level 

playing field. NAI’s transparent effort to gain a competitive advantage by escaping Norway’s 

labor laws is contrary to the public interest and the express terms of Article 17 bis. 

we urge the Department to require NAI to answer interrogatories and produce all 

relevant corporate documents. Given the questions raised by the conflicting and 

inconsistent record in this case, the Department has more than adequate basis for concern 

to request this information.

 2 Article 17 bis.
Norwegian Joint Reply

Page 3

For the foregoing reasons, and those contained in the Joint Carrier’s prior Answers, 

NAI’s application is deficient. 

 Respectfully submitted,

/s/ Alexander Van der Bellen

Managing Director, Regulatory and 

International Affairs

 & Associate General Counsel

Delta Air Lines, Inc.

/s/ Robert A. Wirick

Managing Director, Regulatory and International 

Affairs American Airlines, Inc.

/s/ Dan Weiss

Managing Director – International Affairs and 

Regulatory

United Airlines, Inc.
CERTIFICATE OF SERVICE

A copy of the foregoing Reply has been served this 21st day of February, 2014, upon the 

following persons via email:

romanow@pillsburylaw.com

peter.nelson@pillsburylaw.com

Russell.Bailey@alpa.org

steve.morrissey@united.com

dan.weiss@united.com

sascha.vanderbellen@delta.com

howard.kass@usairways.com

robert.wirick@aa.com

francis.heil@aa.com

rpommer@atlasair.com

mlbenge@zsrlaw.com

jesse.elliot@faa.gov

douglas.schwab@faa.gov

nicholas.tsokris@faa.gov

john.allen@faa.gov

anita.mosner@hklaw.com

jennifer.nowak@hklaw.com

nssparks@fedex.com

dberg@airlines.org

jcasey@airlines.org

paul.gretch@dot.gov

brian.hedberg@dot.gov

esta.rosenberg@dot.gov

brett.kruger@dot.gov

urskr@state.gov

CristinaSA@state.gov

eugene_alford@ita.doc.gov

info@airlineinfo.com