U.S. Department ofTransportation Office ofthe Secretary of Transportation GENERAL COUNSEL November 16, 2011

CertifiedMail-ReturnReceiptRequested

Liane Slaughter Legal Department VirginAtlanticAirways, Ltd. TheOffice ManorRoyal WestSussex,CrawleyRH10 9NU, UK

DearMs. Slaughter: Re: Equivalent Alternative Determination RequestConcerning 14 CFR 382.61

This letter concerns the January 13, 2011, request ofVirgin Atlantic Airways, Ltd. (Virgin Atlantic), 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 the premium economy class seats of its Airbus A330·300 aircraft. We are granting this request subjectto the conditions discussedbelow.

Section 382.61(a) requires carriers to ensure that "aircraft with 30 or more passenger seats1

onwhich passenger aisle seats have armrests are equipped with movable aisle armrests onat 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 mustbe "provided proportionately in all classes of service in the cabin."2 Furthermore, the Enforcement Office has interpreted movable aisle armrest as meaning an armrest on an aisle seat that completely moves or folds outof 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

1 The Department's OfficeofAviation Enforcement andProceedings (Enforcement Office) has long held that the passenger seating capacity ofan aircraft is the manufacturer's maximum designed seating capacity of a 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 II0 passenger seats, theEnforcement Office would treat the aircraftas an aircraft with a passenger seatingcapacity of 110 even ifacarrier stipulates that the aircraft is to be delivered with 99 seats ortakes delivery ofanaircraft with 110 seats and thenremoves II seats.

2 For example, if80 percent ofthe aisle seats in which passengers with mobility impairments may sit are in coach, and 20percent are infirst class, then 80 percent ofthe movable aisle armrests must bein coach, with 20 percent in flrstclass.personnel if the passenger's physical ability necessitates such assistance) from an aisle wheelchairto his orher aircraft seat.

In its equivalent alternative determination request, Virgin Atlantic states that its Airbus A330-300 aircraft will have 48 newly designed premium economy seats. Among these seats, 27 of the 48 seats are aisle seats and only 12 of those aisle seats have movable armrests, which equates to 44% ofthe aisle seats having moveable aisle armrests. However, Virgin Atlantic asserts that the entrance space in two of the premium economy seats that have fixed aisle armrest, seats 18C and 19H, have sufficient space to easily transfer aperson with mobility·impairments to and from those seats withouthaving to liftthe person overthe fixed aisle armrest. Virgin Atlantic further states that with the inclusion of seats 18C and 19H, it will meetthe requirement that 50% ofthe aisle seats in the premium economy cabin beaccessible to passengers with mobility impairments.

TheDepartmenthas reviewed Virgin Atlantic's premiumeconomyclass seat schematics and aircraft configuration diagrams. The Department also reviewed Virgin Atlantic's video, which demonstrates both a carrier-assisted and a self-assistedhorizontal transfer ofaperson with a mobility impairment from an aisle or boarding wheelchair to Virgin Atlantic's premium economy class seats. This material shows that the passenger does not have to be lifted over the aisle armrest when being transferred into seats 18C and 19H. Based on the information submitted by Virgin Atlantic, the Department is granting Virgin Atlantic's equivalent alternative determination request for section 382.61 for the premium economy class seats in its Airbus A330-300 aircraftwiththe following conditions:

(1) This approval is limited to the premium economy class seats in Virgin Atlantic's Airbus A330-300 aircraft with the configuration and dimensions provided in its January 13,2011, equivalent alternative determination request. Virgin Atlantic must obtain the Department's prior approval for any seat configuration changes and/or
seatdimension changes to bemade on any aircraft that is subjectto this approval. If Virgin Atlantic implements seat configuration and/or seat dimension changes without prior approval of the Department, it risks being in violation of section 382.61;

(2) Virgin Atlantic must provide, or ensure the provision 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 or from the premium economy class seats in its Airbus A330-300 aircraft. The specialized training must ensure training to proficiency in how to properly transfer a passenger to andfrom Virgin Atlantic's premium economy class seats. Suchtraining must also
cover, at a minimum: (A) the proper use ofall items needed to transfer a passenger to andfrom its premiumeconomy class seats (e.g., transferboard and sling/harness); (B) the number of persons needed to perform the transfer; (C) how to properly operate its premium economy class seats (e.g., location and use ofcontrol buttons); and (D) how to transfer apassenger to and from its premium economy class seats in

a safe and dignifiedmanner; and



### 2(3) Virgin Atlantic must also: (A) provide, or ensure the provision of, annual refresher training; (B) retain for three years individuals' trainingrecords demonstrating that all persons requiredto receive initial andrefreshertraining have done so; and (C) within 30 days after each calendar quarter, for a period of three years, provide the Enforcement Office with copies of all complaints, if any, regarding passenger transfers to and from its premiumeconomy class seats in the covered aircraft.

If you have any questions about this matter, please contact Michael Hallock or Kimberley Graberofmystaff, orme, at (202) 366-9342. You may also reach us byFAX at (202) 366- 7152.
Sincerely,

# _:::::::::~ SamuelPodberesky AssistantGeneral Counselfor

Aviation Enforcementand Proceedings

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