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According to Norwegian, both the U.S. and EU delegation chairs during the Open Skies negotiations agreed that one party could not unilaterally deny an application of the other party without consulting them.

But U.S. officials say that this is false, and that America should not have to consult with foreign powers before turning down a new airline.

“Congress never intended for a foreign country to wield veto power over the Department of Transportation or its authority to deny or allow a foreign airline to fly to and from the United States,” Capt. Moak said.

In a press release, Norwegian Air blasted the transportation department for holding the application for almost six months, “the longest of any other similar carrier’s application.”

“We look forward to DOT promptly granting NAI’s application to bring air service to the U.S., so consumers can finally begin realizing the benefits of competition — including lower fares,” the Norwegian statement read.

Lawmakers on both sides of the aisle have expressed strong opposition to Norwegian’s application to operate in the U.S.

In June the House unanimously passed an amendment to the transportation bill that included language suggesting the Norwegian Air bid be blocked.

The new Norwegian line would offer flights as low as $99 one-way to Norway, operating on Boeing 787 Dreamliner aircraft. The DOT must accept or approve NAI’s application for exemption from the standards in the agreement by August 31, but it could wait longer to make a final decision on whether the carrier can operate within the U.S.