U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

November 16, 2011 

Certified Mail-Return Receipt Requested 

Liane Slaughter 

Legal Department 

Virgin Atlantic Airways, Ltd. 

The Office 

Manor Royal 

West Sussex, Crawley RH10 9NU, UK 

Dear Ms. Slaughter: 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.61 

This letter concerns the January 13, 2011, request of Virgin 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 subject to the conditions discussed below. 

Section 382.61(a) requires carriers to ensure that "aircraft with 30 or more passenger seats 1 

on which passenger aisle seats have armrests are equipped with movable aisle armrests on at 

least one-half of the 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 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 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 

1 The Department's Office of Aviation Enforcement and Proceedings (Enforcement Office) has long held that 

the passenger seating capacity of an 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 

of Part 382 by reducing the number of seats on an aircraft or ordering an aircraft with fewer seats than its 

designed seating capacity. For example, if a manufacturer designs an aircraft type to hold a maximum of II 0 

passenger seats, the Enforcement Office would treat the aircraft as an aircraft with a passenger seating capacity 

of 110 even if a carrier stipulates that the aircraft is to be delivered with 99 seats or takes delivery of an aircraft 

with 110 seats and then removes II seats. 

2 For example, if 80 percent of the aisle seats in which passengers with mobility impairments may sit are in 

coach, and 20 percent are in first class, then 80 percent of the movable aisle armrests must be in coach, with 20 

percent in flrst class. 
personnel if the passenger's physical ability necessitates such assistance) from an aisle 

wheelchair to his or her 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% of the 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 a person 

with mobility· impairments to and from those seats without having to lift the person over the 

fixed aisle armrest. Virgin Atlantic further states that with the inclusion of seats 18C and 

19H, it will meet the requirement that 50% of the aisle seats in the premium economy cabin 

be accessible to passengers with mobility impairments. 

The Department has reviewed Virgin Atlantic's premium economy class seat schematics and 

aircraft configuration diagrams. The Department also reviewed Virgin Atlantic's video, 

which demonstrates both a carrier-assisted and a self-assisted horizontal transfer of a person 

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 aircraft with the 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 

seat dimension changes to be made on any aircraft that is subject to 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 and from Virgin Atlantic's premium economy class seats. Such training must also 

cover, at a minimum: (A) the proper use of all items needed to transfer a passenger 

to and from its premium economy class seats (e.g., transfer board 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 of control buttons); 

and (D) how to transfer a passenger to and from its premium economy class seats in 

a safe and dignified manner; and 

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(3) Virgin Atlantic must also: (A) provide, or ensure the provision of, annual refresher 

training; (B) retain for three years individuals' training records demonstrating that all 

persons required to receive initial and refresher training 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 premium economy class seats in the covered aircraft. 

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

Graber of my staff, or me, at (202) 366-9342. You may also reach us by FAX at (202) 366-

7152. 

Sincerely, 

_:::::::::~ Samuel Podberesky 

Assistant General Counsel for 

Aviation Enforcement and Proceedings 

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