U.S. Department of Transportation Office of the Secretary of Transportation GENERAL COUNSEL August 3, 2009



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Ms. AnitaA. Mosner, Esq. Ms. Sophy Chen, Esq. Counsel to SingaporeAirlines Limited Holland & KnightLLP 1747 PennsylvaniaAvenue, NW, Suite 1200 Washington, D.C. 20006 1200 New JerseyAvenue, SE Washington, DC 20590

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Re: EquivalentAlternative Det.:.:rmination Request Concerning 14**Cl·~** 382.61

DearMs. Mosneran 1Ms. Chen:

This letter concerns Singapore Airlines Limited's ("Singapore") September 10, 2008, request for an equivalent alternative determination concerning the movable aisle armrest requirement contained in 14 CFR 382.61 of the Department's Air Carrier Access Act (ACAA) regulation for its ftrst class suites and business class seats. We are granting Singapore's request subject to certain conditions, as discussed below. Singapore's request for a conflict oflaw waiver concerning another provision of 14 CFR Part 382 (Part 382) is still underreviewbythe Department.
Section 382.61(a) requires carriers to ensure that "aircraft with 30 ormore passenger seats[!I
on which passenger aisle seats have armrests are equipped with movable aisle armrests on at least one-halfofthe aisle seats in rows in which passengers with mobility impairments are permitted to sit under FAA or applicable foreign government safety rules." Section 382.6l(c)notes that movable aisle armrests must be "provided proportionatelyin all classes of service in the cabin."2 Furthermore, the Enforcement Office has interpreted movable

1 The Department's Office ofAviation Enforcement and Proceedings ("Enforcement Office") has long held that the passengerseating capacityofan aircraft is the manufacturer's maximum designed seatingcapacityOfa given aircraft type. Therefore, a carrier may not avoid compliance with the aircraft accessibility requirement ofPart 382 by reducing the number of seats on an aircraft or.ordering an aircraft with fewer seats than its designed seating capacity. For example, ifa manufacturer designs an aircraft type to hold a maximum of 110 passengerseats, theEnforcementOffice would treat the aircraft as an aircraft with a passengerseating capacity ofII0 even ifa carrier stipulates that the aircraft is to be delivered with 99 seats ortakes delivery ofan aircraft with 110seats and then removes II seats.

2 For example, if 80 percent ofthe aisle seats in which passengers with mobility impairments may sit are in coach, and 20 percent are in first class. then 80 percentofthe movable. aisle armrests must be in coach, with 20 percent in first class. Ina more specific example, ifa carrier is using an Embraer 195 with a I00-seat seating configuration, w'ith 12 seats in first class ( 4 rows with one seat on one side ofthe aisle and two seats on the other side), 8ofwhich are aisle seats, and 88 seats incoach class, 42 ofwhich are aisle seats for the purposeofaisle armrest as meaning an annrest on an aisle seat that completely moves or folds out of the way while the seatback remains in an upright position to permit a passenger with a mobility impairment to safely make an unobstructed transfer (with assistance from carrier personnel if the passenger's physical ability necessitates such assistance) from an aisle wheelchairto his orher aircraft seat.

In its equivalent alternative determination request, Singapore states that its first class suites and business class seats do not have movable aisle armrests as required by section 382.61. However, Singapore asserts that the seat pitch and entrance spacing ofthese seats are wide enough such that a horizontal transfer of a person with a mobility impairment from the onboard wheelchair onto these seats, and vice versa, can be accommodated easily. Accordingly, Singapore asserts that its first class suites and business class seats provide an equivalent alternative to the movable aisle amrrestrequirement ofsection 382.61.

The Department has reviewed Singapore'!; first class suites and business class seat schematics and aircraft configuration diagrat.ts. The Department also reviewed Singapore videos, which demonstrate both a carrier-assbted and a self-assisted horizontal transfer ofa person with a mobility impairment from an r:sle or boarding wheelchairto Singapore's first class suites andbusiness class seats. This m"'ceria! shows thatthe passengerdoes nothaveto be lifted over the aisle armrest. Based on the information provided by Singapore, the Department is granting its equivalent alternative determination request for section 382.61 with the following conditions:
(1) This approval is limitedto Singapore's Airbus A380 aircraft;
(2) This approval is limitedto Singapore's first class suites and business class seats with the dimensions provided in its equivalent alternative determination request. Singapore must obtain the Department's prior approval for any seat configuration changes and/or seat dimension changes to be made on any aircraft subject to this approval. IfSingapore implements seatconfigurationand/or seatdimensionchanges without prior approval ofthe Department, then it risks being in violation ofsection 382.61;
(3) Singapore must provide, or ensure the provtswn of, specialized training to its employees and contractors, as well as the employees and contractors of any other entity that will be transferring persons with a mobility impairment to and from its first class suites and business class seats. The specialized training must ensure training to proficiency in how to properly transfer a passenger to and from Singapore's first class suites and business class seats and must include a viewing of the transfer technique demonstration video submitted to the Department. Such training must also cover, at a minimum: (A) the proper use of all items needed to

compliance with 14 CFR 382.61 (two aisle seats are not counted in this calculation, because at least one row would typically be an emergency exit row in which passengers with mobility impairments are not permitted to sit under FAA or other aviation safety authority's safety regulations), the carrier must, at a minimum, have 4 seats in first class with movableaisle armrests and 21 seats incoachclass with movable aisle armrests.

2transfer a passenger to and from the first class suites and business class seats (e.g., transferboard); (B) the numberofpersons neededto performthe transfer; (C) howto properly operate the first class suites and business class seats (e.g., location and use ofcontrol buttons); and (D) how to transfer a passenger to and from the first class suites andbusiness class seats in a safe and dignified manner; and
(4) Singapore must also: (A) provide, or ensure the provision of, annual refresher training; (B) retain for three years individuals' trainingrecords demonstrating that all personsrequiredtoreceive initial andrefreshertraininghave done so; and (C) within 30 days after each calendar quarter, provide the Enforcement Office with copies of all complaints, ifany, regarding passenger transfers to and from its tirst class suites and busine,;s class seats.

Ifyou have any qHestions about this matter, please contactJames Fisher, ofmy staff, or me at (202) 366-9342 You may also reach us byFAXat (202) 366-7152. Sincerely,

{ SamuelPodberesky AssistantGeneral Counsel for

AviationEnforcementandProceedings

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