BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

NORWEGIAN AIR SHUTTLE ASA ) 

 ) 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 AIR SHUTTLE ASA

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 AIR SHUTTLE ASA 

May 11, 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 Air Shuttle ASA and upon each person served with 

this application. Answers to the exemption application are due by May 26, 2012; answers to the 

permit application are due by June 1, 2012. 

403427624v1 
BEFORE THE 

U.S. DEPARTMENT OF TRANSPORTATION 

WASHINGTON, D.C. 

__________________________________________ 

 ) 

Application of ) 

 ) 

NORWEGIAN AIR SHUTTLE ASA ) 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 AIR SHUTTLE ASA

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 Air Shuttle ASA (“Norwegian”), 

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-

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222228), Norwegian 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.

2.

(a)

(b)

The applicant’s full name is Norwegian Air Shuttle ASA. Its principal place of 

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

211.20(a). 

Norwegian Air Shuttle ASA, commercially branded “Norwegian,” is a public low-cost 

airline listed on the Oslo Stock Exchange. The company is the second largest airline in 

Scandinavia, the third largest low-cost airline in Europe, and has a route system that 

stretches across Europe into North Africa and the Middle East. Known for its competitive 

prices and customer friendly service, Norwegian has experienced significant growth in 

recent years. About 16 million passengers flew Norwegian in 2011. Norwegian operates 

296 routes to 114 destinations and has approximately 2,500 employees. 

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

Agreement, Norwegian requests authority to engage in: 

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; 

Foreign scheduled and charter air transportation of persons, property and 

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

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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)

(d)

(e)

(f)

3.

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; 

Foreign scheduled and charter air transportation of cargo between any 

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

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; 

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

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

Norwegian’s Air Operator Certificate from the Luftfartstilsynet/Civil Aviation 

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

4.

5.

Norwegian respectfully requests that the Department also register the trade name 

“Norwegian” for its U.S. operations, pursuant to Part 215 of the Department’s 

regulations. 

Norwegian’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).

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

attached hereto as Exhibit C. 211.20(t). 

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7.

8.

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). 

Foreign Air Carrier Family Assistance Plan: Norwegian will submit its family 

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

hereto as Exhibit D. 

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

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

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

as Exhibit F. 

11. As demonstrated by the information provided herein, Norwegian 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. 

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WHEREFORE, based on the foregoing information, Norwegian respectfully requests that 

the Department issue an exemption and foreign air carrier permit authorizing Norwegian to 

engage in foreign scheduled and charter air transportation of persons, property, and mail, as more 

fully described above. 

May 11, 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 AIR SHUTTLE ASA 

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CERTIFICATE OF SERVICE 

 The undersigned certifies that on May 11, 2012, the Application of Norwegian Air 

Shuttle ASA 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 

Carl B. Nelson, Jr. 

Associate General Counsel 

American Airlines, Inc. 

1101 Seventeenth Street, N.W. Suite 600 

Washington, D.C. 20036 

carl.nelson@aa.com

Robert Jaffe 

Douglas Schwab 

FAA New York IFO 

1 Aviation Plaza, Room 504 

Jamaica, NY 11434 

robert.l.jaffe@faa.gov 

douglas.schwab@faa.gov 

Sametta C. Barnett 

Sascha Vanderbellen 

Jeff Morgan 

Delta Airlines 

1275 K Street, N.W. 

Washington, D.C. 20005 

sametta.c.barnett@delta.com 

sascha.vanderbellen@delta.com 

jeff.morgan@delta.com 

Howard Kass 

U.S. Airways 

1401 H Street, N.W. Suite 1075 

Washington, D.C. 20005 

howard.kass@usairways.com 

Nancy S. Sparks 

Bailey Leopard 

Federal Express Corporation 

1101 Pennsylvania Avenue, NW 

Suite 600 

Washington, DC 20004 

nssparks@fedex.com 

gbleopard@fedex.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 

2099 Pennsylvania Avenue, N.W. 

Suite 100 

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 

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TABLE OF EXHIBITS 

Exhibit A Air Operator’s 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 

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EXHIBIT A

AIR OPERATOR’S CERTIFICATE 

(ATTACHED)

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EXHIBIT B 

OST FORM 6411 

FOREIGN AIR CARRIERS CERTIFICATE OF INSURANCE 

(ATTACHED)

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EXHIBIT C

OST FORM 4523 

WAIVER OF WARSAW CONVENTION LIABILITY LIMITS 

(ATTACHED)

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EXHIBIT D 

FOREIGN AIR CARRIER FAMILY ASSISTANCE PLAN 

1. Overview

1.1. The purpose of the Norwegian Air Shuttle ASA (“Norwegian”) 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 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 will publish this Family Assistance 

Plan and insert this plan into all appropriate Norwegian 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 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 will 

provide logistical support to the Response Team. 

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

Norwegian’s training recognizing that: 

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

Norwegian 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. 

2.5.3. Families may seek assistance from Norwegian at airports that are neither 

the origin nor the destination of the flight. 

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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 aircraft, a toll-free “800” 

number will be published for the use of families to inquire about 

passengers. 

2.5.6. It is Norwegian’s policy that manifest information will only be released by 

the designated Norwegian 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 NTSB Family Assistance Coordinator, 

Norwegian’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 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 

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 x-rays. 

2.5.8. Norwegian 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 

personnel immediately after the accident will begin a review of the following: 

3.1.1. On board Passenger Manifest. 

3.1.2. Standby passengers. 

3.1.3. Non-revenue passengers. 

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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 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 will update the list periodically. 

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

information in its possession about foreign passengers. 

3.2.5. Norwegian 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 personnel making the notification will be suitably trained as 

noted in Paragraphs 2.4, 2.5 and 2.5.8 of this document. 

3.3.3. Norwegian will secure a facility for family members that will insure 

privacy from solicitors and the media. 

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

operations center to provide logistical support to the federal staff. 

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3.3.5. As appropriate, Norwegian 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 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 will respond to family 

requests for access to the accident scene. 

5.3. Norwegian 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.” 

5.3.2. Physical care. 

5.3.2.1. Transportation to and from accident city. 

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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 become a custodian of them; authorities should determine 

disposition of unidentifiable personal effects. 

6.3. Personal effects that come into the control of Norwegian will be handled in the 

following manner after release from the NTSB: 

6.3.1. Norwegian will consult with each family about the disposition of personal 

effects that are in Norwegian’s control. 

6.3.2. Norwegian will return to the family, if requested, any passenger’s 

possession that is under the control of Norwegian. 

6.3.3. Norwegian will retain for 18 months any unclaimed property of a 

passenger that is under Norwegian’s control. 

6.3.4. Norwegian will consult with the families about the construction by 

Norwegian of any planned monument, including the inscription on it. 

6.3.5. Norwegian will only be able to return personal effects that come into 

Norwegian’s control once permission of the NTSB has been obtained as 

the items may have some bearing on the accident investigation. 

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 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’s 

403427624v1 
representatives about compensation by Norwegian 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 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 

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

9. Relationship with Designated Independent Organization

9.1. Norwegian 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 will coordinate with 

the nonprofit organization appointed by the NTSB, the family and the 

company providing the service. 

9.2. Norwegian 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 will coordinate with family members as to their need for American 

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

9.4. Norwegian 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. 

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11. Revisions and Code-Share Agreements

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

11.2. Norwegian does not presently have an approved code-share arrangement with any 

United States carrier. If Norwegian were to enter into such an agreement and it 

were approved, Norwegian may revise this plan. 

12. Accidents Not Covered by this Plan

12.1 Norwegian 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’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 +47 67593575. The telephone numbers have been submitted to 

the NTSB and can be used by the NTSB 24 hours per day, seven days per week. 

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EXHIBIT E 

SUMMARY OF PASSENGER MANIFEST INFORMATION 

COLLECTION PROCEDURES 

SUMMARY OF 14 C.F.R. 243 PROCEDURES 

Introduction 

This summary is submitted by Norwegian Air Shuttle ASA 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 Air Shuttle ASA 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 Air Shuttle ASA will request an emergency contact telephone number and name 

from U.S. citizen passengers. As the provision of this information is voluntary, Norwegian Air 

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

Norwegian Air Shuttle ASA 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 Air Shuttle ASA 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 Air Shuttle 

ASA 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 Air Shuttle ASA’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 +47 67593575 or via email at occ-dm@norwegian.no. 

Flight Operations (24 Hours) 

Tel 1. +47 67 59 30 70 

Tel 2. +47 67 59 30 72 

Fax: +47 67 59 30 71 

Email: operations@norwegian.no 

SITA: OSLOPDY 

AFTN: ENGMNAXV

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