Bart Jansen

USA TODAY

U.S. Transportation Security Anthony Foxx rejected Tuesday a Norwegian airline's request to fly to the U.S. while the airline awaits a permanent decision on its oft-criticized application.

Norwegian Air Shuttle, the third-largest discount carrier in Europe, has a long-haul subsidiary temporarily flying to New York, Florida and California. Those flights are not affected by Foxx's decision.

But the company has applied to have another subsidiary, Norwegian Air International (NAI), fly permanent discount flights between Europe and the U.S. The application sparked intense opposition from rival airlines and unions because it would operate under a certificate from Ireland, where the airline doesn't fly. Rivals said that would allow it to skirt labor and safety rules.

Foxx announced in a three-page decision that it wouldn't temporarily approve the discount carrier because approval is supposed to be used only in clear-cut cases. The rejection essentially confirms the complexity and contentiousness of the case.

"Because of the extensive record, which reflects the novel and complex nature of this case, however, the department does not find that a temporary exemption is appropriate or in the public interest," Foxx said in a statement.

A tentative decision on the application will be issued after the department completes its deliberations, which have no deadline.

Norwegian said it would continue flying its existing long-haul flights while awaiting a decision on its discount proposal. The carrier urged a quick decision in the case.

"While we think it is unfortunate that DOT feels the need to further delay issuance of our permit, which has been pending now for over six months, Norwegian Air International stands behind its business – from its pilots and cabin crew to its affordable fare model to its desire to bring competition to the transatlantic market – and looks forward to receiving approval to operate without further delay," said Asgeir Nyseth, CEO of NAI.

Critics welcomed the decision. The Air Line Pilots Association, a U.S. union with 50,000 members, has led the fight against the Norwegian application by saying the plan will skirt labor and safety regulations in a way that could hurt the entire industry.

Capt. Lee Moak, the union president, compared the proposal to a "flag of convenience" model that hurts ocean shipping.

"While today's decision is extremely significant, the DOT's work is not yet complete in making certain that NAI is not permitted to exploit international aviation policy and law to gain an unfair economic advantage over U.S. airlines," Moak said. "The DOT must take the next step and deny NAI's application for a foreign air carrier permit to serve U.S. markets."

Airlines including American, Delta and United, along with Air France and Lufthansa in Europe, also opposed the proposal.

The House passed legislation in June that would stop the proposal, but the Senate hasn't acted on the legislation

But Norwegian Air officials have argued that their proposal should be approved "without further delay," despite "a capacious but indigestible smorgasbord" of criticism.

Leo Varadkar, Ireland's minister for transport, tourism and sport, said his country has a "strong reputation for robust regulatory oversight of civil aviation."

Airports that would benefit from the flights in Washington, New York, Florida and California have welcomed Norwegian.

The American Society of Travel Agents supports Norwegian as a way to "inject sorely needed competition" in trans-Atlantic travel. A consumers' group called Travelers United also supported approval for competition against "a cabal of three airline alliances that control 85% of the trans-Atlantic market."