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

__________________________________________ ) Application of ) ) NORWEGIAN AIR SH UTTLE 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 NORWEG IAN AIR SHUTTLE ASA FOR A FOREIGN AIR CARRIER PE RMIT 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 NORWEGI AN AIR SHUTTLE ASA

May 11, 2012

NOTE: Any person may support or oppose this Appli cation by filing an answer and serving a copy of the answer on counsel for Norwegian Ai r Shuttle ASA and upon each person served with this application. Answers to the exemption a pplication are due by May 26, 2012; answers to the permit application are due by June 1, 2012.

403427624v1BEFORE THE U.S. DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

__________________________________________ ) Application of ) ) NORWEGIAN AIR SHU TTLE 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 NORWEG IAN AIR SHUTTLE ASA FOR A FOREIGN AIR CARRIER PE RMIT AND EXEMPTION AUTHORITY

Pursuant to 49 U.S.C. §§ 40109 and 41301, Pa rt 211 of the Department’s economic

regulations, and the Department’s rules of pract ice, 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, prope rty, and mail between points be hind Norway, via Norway and

intermediate points, and any po int 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 th e Department’s notice of February 19, 2009

relating to Application Procedures for Foreign Ai r Carriers of the European Union. Consistent

with the Department’s notices of May 3, 2007 and August 23, 2005 (Docket No. OST-2005-

403427624v1222228), 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 in creased travel opportunities, greater service

options, and enhanced competition, thereby bene fiting consumers in the United States, Norway,

and the Member States of the European Union. The following is provi ded 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, co mmercially branded “Norwegi an,” is a public low-cost

airline listed on the Oslo Stock Exchange. Th e company is the sec ond largest airline in

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

stretches across Europe into North Africa a nd 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 a nd has approximately 2,500 employees.

Consistent with rights available to ca rriers of parties to the Air Transport

Agreement, Norwegian request s authority to engage in:

Foreign scheduled and charter transpor tation of persons, property and mail

between points behind Norway, via Norw ay and intermediate points, and

any point or points in the United States and beyond;

Foreign scheduled and charter air tr ansportation of persons, property and

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

403427624v1Union via any point or poi nts in any Member Stat e 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 tr ansportation 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 c onsistent with any future, additional

rights that may be granted to foreign ai r 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 fr om 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 De partment also register the trade name

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

regulations.

Norwegian’s insurance meets the minimu m requirements specified in 14 C.F.R.

205. A copy of OST Form 6411, Foreign Air Carr iers – Certificate of Insurance is

attached hereto as Exhibit B

. 211.20(h).

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

attached hereto as Exhibit C

. 211.20(t)

.

403427624v17.

8. Grant of the authority sought herein will not result in a n ear term increase in fuel

consumption of ten million gallons or mo re, and therefore will not comprise a

“major regulatory action” under the Ener gy 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 Transporta tion Safety Board. A copy is attached

hereto as Exhibit D

.

9. Summary of Passenger Manifest Informa tion Collection Procedures: A summary

of Norwegian’s Passenger Manife st 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 provide d herein, Norwegian is fully qualified

to operate the services for which author ity is herein requested; grant of the

requested authority is consistent w ith Air Transport Agreement and will,

therefore, serve th e public interest.

403427624v1WHEREFORE, based on the foregoing informati on, Norwegian respectfully requests that

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

engage in foreign scheduled and charter air transp ortation 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 NORWEGI AN AIR SHUTTLE ASA

403427624v1CERTIFICATE OF SERVICE

The undersigned certifies that on May 11, 2012, the Application of Norwegian Air Shuttle ASA for an Exemption and Foreign Air Ca rrier 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 17 th 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

403427624v1

### 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 Carri er 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 CERT IFICATE OF INSURANCE

(ATTACHED)

403427624v1403427624v1403427624v1

### EXHIBIT C

OST FORM 4523 WAIVER OF WARSAW CONVEN TION LIABILITY LIMITS

(ATTACHED)

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### EXHIBIT D

FOREIGN AIR CARRIER FAMI LY 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 involvi ng 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 larg er 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 Ca rrier 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 treatmen t 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 Assist ance Personnel will be conduc ted 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 cont act positions need to know how to respond to inquiries and fac ilitate responses to them.

2.5.3. Families may seek assistance from Norw egian at airports that are neither the origin nor the des tination of the flight.

403427624v12.5.4. 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 us e 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 No rwegian NTSB Family A ssistance Coordinator, Norwegian’s President, the Executive Vice President, Vice President of Flight Operations or Vice Pr esident of Human Resources and Administration or their authorized repr esentatives. Any other release of manifest information is consider ed 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 th eir 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 arri ves 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 surviv ors and family members following an accident.

3. Passenger Manifest, Ticket Reconciliation and Notification

3.1. In order to determine which passenger s actually boarded the flight, Norwegian personnel immediately after the accident wi ll begin a review of the following:

3.1.1. On board Passenger Manifest.

3.1.2. Standby passengers.

3.1.3. Non-revenue passengers.

403427624v13.1.4. Re-routed passengers.

3.1.5. Passengers who cancelled their reservation.

3.1.6. Jump seat riders.

This process could be delayed by pers ons 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 th e request, that it may have inaccuracies and it may not be complete.

3.2.1. All personnel involved with handling th e manifest will be briefed as to the confidential/sensitive natu re of this information.

3.2.2. All appropriate manifest lists wi ll be stamped “P RELIMINARY AND UNCONFIRMED” with date, time and list number.

3.2.3. Norwegian will update the list periodically.

3.2.4. Upon request, Norwegian will provid e 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 De partment 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 wi ll 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 notific ation 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 fo r family members that will insure privacy from solicitors and the media.

3.3.4. After coordination with NTSB, No rwegian will provide a joint support operations center to provide logist ical support to the federal staff.

403427624v13.3.5. 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 medi cal 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 acciden t site jurisdiction.

5.2. Within the limits established by the aut horities, 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 trave ling 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.

403427624v15.3.2.2. 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 pe rsonal effects to victim’s family rather than having Norwegian become a custodian of them; authorities should determine disposition of unidentif iable personal effects.

6.3. Personal effects that come into the cont rol of Norwegian will be handled in the following manner after release from the NTSB:

6.3.1. Norwegian will consult with each fam ily 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 th e 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 retu rn 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-ma de structures or non-government-owned property on the ground, Norwegian shall pr omptly provide written notification directly to the owner of liability fo r 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 unoffici al information offered by Norwegian’s

403427624v1representatives 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 Tran smission 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 fr om 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 indepe ndent nonprofit organization that is designated under 49 U.S.C. Section 1136( a)(2) to provide me ntal health and counseling services to families.

9.1.1. Mental health services can be c oordinated on a local basis through the nonprofit organization or th ese services can be brought in from another city where the airline may have a Me ntal Health Profe ssional on retainer.

9.1.2. Should long-term counseling be requir ed, 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 or ganization as required by 49 U.S.C. Section 41313(C)(11) where the nature and sc ope of its work and the kind of costs to be incurred have been disc ussed 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.

403427624v111. 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 a pproved 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 cove red 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 cont act 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.

403427624v1

### EXHIBIT E

SUMMARY OF PASSENGER M ANIFEST 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, Norw egian 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 an y 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 here in 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 Departme nt 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 Oksen ǿ yveien 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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