THE SECRETARY OF TRANSPORTATION 

WASHINGTON, D.C. 20590 

The Honorable Kevin Yoder 

U.S. House of Representatives 

Washington, DC 20515 

Dear Congressman Yoder: 

May 5, 20 14 

Thank you for your lener regarding the application ofNorwegian Air International Limited 

(NAI) for authority to conduct U.S. services. 

Given that a number of interested parties have filed responsive pleadings to NAI's application 

and this maner is currently pending before the Department, I am sure you understand that 1 

cannot comment on the merits ofNAI" s appli cation. I assure you. however. that we will give full 

and careful consideration to all of the pleadings filed on the record before we reach a 

determination in this matter. 

As is our standard practice. I am placing a copy of your letter and my response in Docket 

DOT-OST-2013-0204, as a contact outside the record of this case. You may track the progress 

of this case and view the publicly available documents filed in the docket by accessing the 

Federal Docket Management System m www.regul ations.gov and searching for Docket 

DOT-OST-201 3-0204. 

I hope this information is helpful. 

Anthony R. Foxx 
KEVIN YODER COMMITTEE ON APPROPRIATIONS 

3RO DISTRICT, KANSAS SUBCOMMITTEES: 

215 CANNON HoUSE OFF CE BUILDING 

WASHINGTON, DC 20515 

(202} 225-2865 

VICE CHAIR, AGRICULTURE, RURAL DEVELOPMENT, 

FOOD AND DRUG ADMINISTRATION, AND RELATED 

AGENCIES 

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February 25, 2014 

FINANCJAL 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 impact jobs 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 

s 10-140227-014 

~.