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# I i U.S. Department ofTransportation Office ofthe Secretary of Transportation

i GENERAL COUNSEL March 5, 2013 1200 New JerseyAvenue, 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>

lkar \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\ lnc<.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 lkpartlllClll-s !\ir ( 'utTicr /\CCL'SS ( ;\( ':\./\) regulation. Joint Appl**ic~mts** arc rcqUL'Sl**in~ ~\11**  cqui\'alcn1 altL'I'!Hlli \ l' cklL'ITllination 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.-- Ihl'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 ofhaving 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 theinformation submitted by Joint Applicants, the Department is granting .Joint Applicants' equivalent alternative determination request for sections 382.67 and 382.123 for
a one-yeartrial basis so that Joint Applicants can utilize priority stowage space in the cargo compartment oftheir respective A319. A320. and A321 aircraft to stowtwo manual folding wheelchairs in lieu ofhaving an in-cabin stowage space tor one passenger's manual folding wheelchair. underthe following conditions: ! 

### 1. Joint Applicants equivalent alternative determination will remain in effect tor a oneyear trial period. Ifat 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 afterMay 13, 2009, ordelivered after May 13, 20l0, 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 ofstowing a passenger's manual folding wheelchair settorth in JointApplicants' 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 verticallyto preventunnecessary movementduring f1ight;

4. Joint Applicants must ensure that up to two passengers with a disability who use a manual folding wheelchair and take advantage ofthe 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 wheelchairintheirdesignated wheelchaircargo stowage space;



### 25. 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 wheelchaircargo stowage space;

6. Joint Applicants must not limit their liability for a lost or destroyed wheelchair or a wheelchairdamaged beyondrepairin thedesignated wheelchaircargo 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 inthepassengercabin, 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 passengercabin;

8. JointApplicants mustensure that apassenger'smanual folding wheelchair stowedin the designated wheelchair cargo stowage space is the first item offthe aircraft after landing and is delivered to the passenger at the door ofthe aircraft as soon as the passenger deplanes the aircraft, unless the passenger requests to reclaim the wheelchairat Joint Applicants' baggage claim area;

I 9. Joint Applicants must allow·a passenger to remain in his or her personal wheelchair up to the door ofthe aircraft, unless the passenger agrees to relinquish his or her wheelchairat a differentlocation;

10. Joint Applicants must use their best etlorts to prevent weather conditions from negatively impacting on the condition ofthe wheelchair when 

### it is returned to the passenger(e.g

.. placinga coveron a wheelchairto preventexposureto the rain orthe hot sun);

11. Joint Applicants must use their best etJorts to promptly provide a temporary replacementwheelchair ofcomparable kind and quality atno chargetothe 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, orany otherapplicabletreaty orlaw. Theseeffm1s mustbedocumented, retained for three years, and availableto the Departmentupon 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 ofa 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, andthe properprocedures to obtain atemporaryreplacement wheelchairfor apassenger; 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 submitthis information by the last Monday in January ofeach 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 1

### separate 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'srequest.
If you have any questions about this matter, please contact Michael Hallock, Kathleen Blank-Riether, or Maegan Johnson ofmy**staft~** 

### at (202) 366-9342. You may also reach 

### us by FAXat (202) 366-7152.
Sincerely,

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