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U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

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GENERAL COUNSEL 

March 5, 2013 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

CcrtifiNI Mail-Return Rerdpt Rt•qtwstcd 

rvlr. David M. l:ndcrshcL' 

!'vlr. Ridwrd I)_ iVbthias 

C\lllnscl lur ·1 ;\( '.'\ lntl'r!l~ttional \!rlinL·s. S.i\ .. cl al. 

l.uL·kcrt. Scuull & Rascnbcr~LT. l __ ] .P. 

ggg 17th St.. N.\1\. 

Washin~tPtL J)_( ·. 20lHH> 

l kar \h.·ssrs. l·.ndcrsbcc nnd l'vlallli~ts: 

Rc: Lqui\ alent Alternative Dctcnninatiun 

Request Cunccrning 14 (TR ]}),2_(l7 

;md 14 ( 'l·R :lX2.12.l 

This lvt1L'r cunccrns L\( ';\ lnt~:rmlliunal !\irlincs. S.:'\ .. l.inc;ts /\.crcas CustarriL:cnscs S.A .. 

Tr~ms i\nll·ric<.m i\irlin..:·s. S./\. D/l·L\ l nc<.t Peru. ~md Acrolincas <. ialapagus S.i\.. (Joint 

.\.ppiit:<-tllls) .'\pril 1 :>. :?.0 !2. requesl l(Jr illl equivalent alternative dckrminntinn concerning 

1hl' in-cabin prioril~ stowagl' sp<.lLT l(n· <.1 passctlgL·r·s J(>ldin[:'. C(lllapsible. nr hrcak-Juwn 

m~llllt~d \\hcelchair (manual J'olding \\l1L'eldmir) wntuined in 14 (TR .~X:2.()7 and l.:.J. <TR 

.1X2.1.2J or the l kpartlllClll-s !\ir ( 'utTicr /\CCL'SS ( ;\( ':\./\) regulation. Joint Appl ic~mts arc 

rcq UL'Sl in~ ~\11 cqu i\'alcn1 altL'I'!Hll i \ l' cklL'ITll i nat ion concerning. the wheelchair stcl\\·agc 

location in their respective \.\llJ_ i\\20. and i\321 uircr~ll't. "A:L. arc granting .!oint 

i\pplic~tnls' rL~qucst 10 USL' its dvsign;tted \\ heeklwir cargo stm\u~;e space on tllcSL' <lircratt 

models tn Sill\\ paSSL'rlg_er-;" 111~ll1ll<JI ['llldi111:2- \\J1cclc!Jairs J'or Ll 01\C-year trial lxtsis SUb_iL:ct lu 

cerLti11 cundition:--.. as discussed beh>\\. 

SL·ctiun :liQ_(l7 rcqum:-s L'<JJTiel"-, 1u l'llSlll'C "that then.: is a priority space in the cablll or 

sulricicnt si/c lt> s\u\\ at least one typical ;tdult-siJ.cd ltllding. collapsible. ur hrcak.-du\\ n 

nwnwtl passenger vvhcclchair." ScCliotJ Jl\:2.1 ::::; sets l'orth lunhcr requirements concerning 

this priori\~· cabin Sl\l\>,·agc space l(Jr \\hcclch~tirs and other <.lssistiH· devices. 

In their cqui\ alent Jltnnativc dL'll'rmit1Lttiun request. Joint i\pplicants swtc that their 

rcspccti\'l· ,\31 'J .. \]20. and ,\:1::21 ~1ircrati <ti'L' "ill-suited tll the retrofit oi' priority ...;p<.lcL··· and 

that "'tkrc is simp!~ no practicil me<.ms ul· inswlling in-cabin stowage space ot' the rL·quirL·d 

dimcnsiuns.-- I hl'l'l'l'lli'C . .!oint i\pplic<.l!Jts propns1.: tu utilil.l' a portion tll' the cargt) huld ul' 

tlll'ir rcspvcti\'L' .'\.\ j(J. '\.r2o. <tml 1\\3~~1 aircr•1ll as a designated space l(Jr tilt..' stm>.<.lgL' nlup 
to two manual folding wheelchairs. in lieu of having a stowage space in the cabin for one 

manual folding wheelchair. .Joint Applicants state that this designated space would be 

separated from other items in the cargo hold by a divider affixed to the floor, sides and 

ceiling of the cargo hold and that each passenger's wheelchair would be placed in a 

protective stowage bag. completely separated from any other items in the cargo hold. 

Furthermore, .Joint Applicants state that passengers will be provided the ·'flexibility they 

presently enjoy to check the wheelchair wherever they prefer and to receive it back 

wherever they prefer'' and that the wheelchair will be the first item removed from the 

aircraft. 

Based on the information submitted by Joint Applicants, the Department is granting .Joint 

Applicants' equivalent alternative determination request for sections 382.67 and 382.123 for 

a one-year trial basis so that Joint Applicants can utilize priority stowage space in the cargo 

compartment of their respective A319. A320. and A321 aircraft to stow two manual folding 

wheelchairs in lieu of having an in-cabin stowage space tor one passenger's manual folding 

wheelchair. under the following conditions: 

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1. Joint Applicants equivalent alternative determination will remain in effect tor a oneyear trial period. If at any time DOT detem1ines that Joint Applic<:mts' proposal is 

not providing the same or greater accessibility to passengers with a disabilities as 

provided by sections 382.67 and 382.123. DOT reserves the right to terminate this 

approval. If the approval is tem1inated. Joint Applicants would be expected to 

expeditiously retrofit any aircraft ordered after May 13, 2009, or delivered after May 

13, 20 l 0, without a priority space in the passenger cabin, to include such a priority 

space as is currently required by section 382.67; 

2. This approval is limited to Joint Applicants' respective A319, A320, and A321 

aircraft in the configurations described to the Department in Joint Applicants' April 

13, 2012. request. Joint Applicants must obtain the Depmiment's prior approval for 

any deviations from the method of stowing a passenger's manual folding wheelchair 

set torth in Joint Applicants' requests; 

3. Joint Applicants designated wheelchair cargo stowage space must be capable of 

stowing at least two manual folding wheelchairs, and each wheelchair must be 

secured vertically to prevent unnecessary movement during f1ight; 

4. Joint Applicants must ensure that up to two passengers with a disability who use a 

manual folding wheelchair and take advantage of the oppmiunity to preboard the 

aircratt can stow their manual folding wheelchairs in Joint Applicants' designated 

wheelchair cargo stowage space with priority over all other items. For a passenger 

that does not take advantage of the opportunity to preboard the aircraft. Joint 

Applicants must make a reasonable effort to stow the passenger's manual f()lding 

wheelchair in their designated wheelchair cargo stowage space; 

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5. Joint Applicants must ensure that no other items are stowed in their designated 

vvheelchair cargo stowage space if a folding wheelchair is being stowed in that 

designated wheelchair cargo stowage space; 

6. Joint Applicants must not limit their liability for a lost or destroyed wheelchair or a 

wheelchair damaged beyond repair in the designated wheelchair cargo stowage space 

to the liability limit provided in the Montreal Convention, or any other applicable 

treaty or law. Joint Applicants must calculate the compensation owed to a passenger 

for a lost or destroyed wh~elchair or a wheelchair damaged beyond repair in the 

designated wheelchair cargo stowage space, as the original purchase price of the 

device; 

7. In addition to stowing at least two passengers' manual folding wheelchairs in their 

designated wheelchair cargo stowage space, to the extent permitted by govemment 

safety standards, Joint Applicants must also stow in the passenger cabin, passengers' 

manual folding wheelchairs in the overhead compartments or other stowage areas if 

passengers make such requests and the devices can physically be stowed in such 

space. If the wheelchair exceeds the space while fully assembled but will fit if 

wheels or other components can be removed without the use of tools, Joint 

Applicants must remove the applicable components and stow the wheelchair in the 

passenger cabin; 

8. Joint Applicants must ensure that a passenger's manual folding wheelchair stowed in 

the designated wheelchair cargo stowage space is the first item off the aircraft after 

landing and is delivered to the passenger at the door of the aircraft as soon as the 

passenger deplanes the aircraft, unless the passenger requests to reclaim the 

wheelchair at Joint Applicants' baggage claim area; 

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9. Joint Applicants must allow· a passenger to remain in his or her personal wheelchair 

up to the door of the aircraft, unless the passenger agrees to relinquish his or her 

wheelchair at a different location; 

10. Joint Applicants must use their best etlorts to prevent weather conditions from 

negatively impacting on the condition of the wheelchair when it is returned to the 

passenger (e.g .. placing a cover on a wheelchair to prevent exposure to the rain or the 

hot sun); 

11. Joint Applicants must use their best etJorts to promptly provide a temporary 

replacement wheelchair of comparable kind and quality at no charge to the passenger 

if a passenger's wheelchair is delayed, lost, damaged, or destroyed while in Joint 

Applicants' custody. Joint Applicants must not limit their liability for providing a 

temporary replacement wheelchair to the liability limit provided in the Montreal 

Convention, or any other applicable treaty or law. These effm1s must be documented, 

retained for three years, and available to the Department upon request; 
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12. Joint Applicants must provide. or ·ensure the provision of, specialized training to 

their employees and contractors, as well as the employees and contractors of any 

other entity, that will be involved with the stowing of a passenger's manual folding 

· wheelchair in the designated wheelchair cargo stowage space. The specialized 

training must ensure training to proficiency in how to properly stow a passenger's 

manual folding wheelchair in the designated wheelchair cargo stowage space, predeparture procedures to ensure the passenger's wheelchair is placed on the aircraft, 

post-landing procedures to ensure that the passenger's wheelchair is the first item 

removed from the aircraft, proper procedures to follow if a wheelchair is lost, 

damaged, or destroyed, and the proper procedures to obtain a temporary replacement 

wheelchair for a passenger; and 

13. Joint Applicants must also provide this office with copies of all complaints, or a 

certification that there were no complaints, regarding the stowage of a passenger's 

wheelchair in the designated wheelchair cargo stowage space every year. Joint 

Applicants must submit this information by the last Monday in January of each year 

for complaints received during the prior calendar year. The first report is due on 

January 28, 2014, for complaints received from the approval date to December 31, 

2013. This submission is 1separate from the annual disability-related complaints 

report that is to be submitted at the same time in accordance with section 382.157. 

Joint Applicants must retain correspondence and records of actions taken on all 

complaints related to wheelchair stowage for three years after receipt of the 

complaint or creation of the record of action taken and must make these records 

available at the Department's request. 

If you have any questions about this matter, please contact Michael Hallock, Kathleen 

Blank-Riether, or Maegan Johnson of my staft~ at (202) 366-9342. You may also reach us 

by FAX at (202) 366-7152. 

Sincerely, 

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