THE SECRETARY OF TRANSPORTATION WASHINGTON , D
. C

. 20590

The Honorabl e Kevin Yod e r U.S
. Hou se of Represe nt a ti ves Washington , D C 20515 Dea r Con g r ess man Y o de r: May 5, 20 14

T ha nk yo u for yo ur le n e r rega rdin g th e appli ca ti o n ofNo r weg i a n Air Inte rnati o n a l Limit ed (NA I ) f o r a uth o rit y to c o ndu c t U
. S
. se r v ices. G i ve n that a numb e r of inte res t e d parti es have fil e d res po ns ive pl ea din gs to NAI 's a pplicati o n and this mane r is curre ntl y pendin g b e for e th e Dep artm ent , I a m s ure you und e rstand th at 1 ca nn o t c o mm e nt o n th e me rit s ofNA I" s app li cat io n . I a s s ure yo u . h oweve r. th a t we will g ive full and c are ful c o ns id e ra ti o n t o a ll o f th e p lea din gs fil ed on th e r eco rd be f o re we reac h a de t e rmination in thi s m att e r. As is o ur s tand ard practic e. I am pla c in g a co p y o f your lette r a nd my re s po ns e in D o cke t DOT -O ST

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- 020 4 , as a co n tac t o ut s ide t he record of thi s case . Yo u m ay trac k th e prog r ess of thi s case an d vi ew th e p ublicl y ava ilabl e d oc um e nt s fil ed in th e d oc ket by access ing the Fe de ral Do ck e t M an age me nt S ys t e m 

### m www. r eg ul ati o ns.gov and sea r c hin g fo r Doc k e t DO T-O ST -201 3

- 0204. I ho pe thi s inf orm ati o n i s he lpful.

A nth o ny R. FoxxKEVIN YODER COMMITTEE ON APPROPRIATIONS 3RO DISTRICT, KANSAS SUBCOMMITTEES: 215 CANNON HoUSE OFF CE BUILDING WASHINGTON, DC 20515 (202} 225-2865 VI C E CHA I R, AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES DISTRICT OFF I CE: 7325 WEST 79TH STREET OVERLAND PARK, KS 66204 (913} 621 0832

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## J!}ou!ie of l\epre!ientatibe!i Dasbington,1.BftC 20515-1603 February 25, 2014 FINAN CJ AL SERVICES AND GENERAL GOVERNMENT STATE, FOREIGN OPERATIONS AND RELATED PROGRAMS http://yode r. house. gov

Secretary of Transportation Anthony Foxx U.S. Department ofTransportation 1200 New Jersey Avenue, SE Washington, DC 20590 Dear Secretary F oxx: I am writing today to urge you to closely scrutinize the recent application by Norwegian Air International, Limited (NAI) for a foreign air carrier permit to operate as an Irish airline. I am deeply concerned that approval of this application would put passengers at risk, violate the U.S.-European Union Air Transport Agreement (ATA) rules against establishing flags of convenience, and run afoul of the Department of Transportation (DOT) public interest statutes. DOT must thoroughly examine whether the Irish Aviation Authority will be able to adequately oversee the safety of Norwegian Air International, especially if the airline and aircraft do not plan to operate out oflreland. Passenger safety must be DOT's top priority. In addition, DOT must carefully consider whether granting NAI a foreign air carrier permit would violate the U.S.-European Union ATA rules against establishing flags of convenience to evade its home country's regulations. Though NAI may intend to establish itself as an air carrier in Ireland, both its name ("Norwegian" Air International) and the fact that its parent company, Norwegian Air Shuttle, is based in Norway, suggest that NAI should be considered a Norwegian company. Finally, it appears as though NAI's plan to employ pilots and flight crews through an employment agency based in Singapore would directly violate DOT's congressionally mandated public interest statute, which necessitates, "strengthening the competitive position of [U.S.] air carriers to at least ensure equality with foreign air carriers." Several US airlines have raised concerns that allowing NAIto evade Norwegian regulations would put US airlines at a competitive disadvantage globally and cost American jobs. I urge DOT to consider how its decision will impactjobs in our current economic downturn. Given the concerns I have raised, it does not appear that NAI's application is in the best interest of the American public or of U.S. airlines. I hope you will reject this misguided application and thank you for your consideration of this critical matter. Please do not hesitate to contact me should you have any questions or concerns. Sincerely,

KY/pc

# :ft;lvt Member of Congress



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