November7, 2012


### VIA FEDERAL EXPRESSAND E-MAIL
Samuel Podberesky Assistant General Counsel for Aviation Enforcement and Proceedings, C-70 U.S. Department ofTransportation 1200 NewJerseyAvenue, S.E.-Room W96-322 Washington, D.C. 20590 

# AN

Re: Supplementto LAN Colombia's request for EquivalentAlternative under 14C.F.R. 382.67- Docket OST-2008-0272
Dear Mr. Podberesky: Aerovias de lntegracion Regional Aires SA d/b/a LAN Colombia ("LAN Colombia"} hereby respectfully submits this supplement in support ofitsApril 2012 request for an equivalent alternative determination related to priority space in the cabin tostore passengers' wheelchairs. This request is ofthe essence to ensure the flexibility of LAN Colombia's operations. Since our initial request for equivalentalternative determination, the company has received three additionaiA320s, bringing our total to four (4) A320s, that we intend to operateto the United States and thatdo nothave the required priority in-cabin space for an adult-sized wheelchair as required under §382.67. in support ofthis request, LAN Colombia hereby confirmsthefollowing: To provide a similar accessibility to passengers requesting use ofthe in-cabin priority space requirement for its A320 aircrafts, LAN Colombia developed a comprehensive procedure that provides an equivalent method of wheelchair storage. The said equivalent method involves a designated priority area in the cargo holdsofA320s inthe fleet.The designated priorityspace will be used forthe stowage of up to two manual folding wheelchairs. For space details, see Annexes 1-5 below. The priority space in the cargo holds of LAN Colombia's A320 aircraft (the "Wheelchair Priority Space") will provide sufficient space for the stowage of up to two wheelchairs to the first two passengers with a disability requesting the onboard stowage of the wheelchair. No additional items will be stored in the Wheelchair Priority Space when any wheelchair is transported. Protective bags to further protect each wheelchair in the event of movement during flight will be used, completely separating the wheelchairs from other items in the cargo hold. These bags will also protect wheelchairs from weather conditions (for example, rain) during the loading and unloading process, although LAN Colombia will in all ways use its best efforts to protectthe wheelchairs from the effects of weather.Further, and as deemed necessary, the wheelchairs and their respective protective bags will be secured with the use oftie-downs in the priority space ofthe cargo hold. Any individuals with a disability who request in-cabin stowage for a manual folding wheelchair will be informed ofthe available Wheelchair Priority Space, includingthe stowage procedures and services, and will be permitted to pre-board the aircraft. For a passenger that does not take advantage of the opportunity to pre-board, LAN Colombia will make a reasonable effort to stow the passenger's wheelchair in the priority space. Additional requests for the priority stowage of other disabled passengers' wheelchair will be considered by LAN Colombia, and a reasonable effort will be made to properly care forthe said passenger's wheelchair. LAN Colombia will offer passengers with a disability the flexibility to continue to use their wheelchairs and will return the wheelchairs to them at any reasonable location of their choosing, including at the aircraft door, at the gate, or at the baggage claim area. Furthermore, irrespective of the place where the passenger requests the wheelchair to be delivered upon arrival to his/her final destination, the wheelchairs will be the first items removed from the aircraft. In the event of a de\ay, loss or damage of a wheelchair, LAN Colombia will make its best efforts to promptly provide the passenger, free of charge, with a comparable device of similar quality, or at the passenger's request, a reimbursement for the rental cost. The said temporary replacement and/or reimbursement will be provided in addition to any other reimbursements available to the passengers as a result ofthe delay, loss ordamage, like the original purchase price ofthe wheelchair. LAN Colombia notes that the overhead compartments in the aircraft are not large enough to fit a manual folding wheelchair with orwithoutwheels. LAN Colombia will properly train ground handling personnel and others in accordance with the conditions of the equivalent alternative determination to ensure proper handling and stowage of mobilityaids presented by passengers while traveling aboard its A320 aircraft. Since the original requestfor equivalentalternative in April, LAN Colombia has incorporated three additional A320 aircraft, bringing the total to four aircraft are unable to operate to the United States. We therefore appreciate the Department's expeditious consideration ofthis matter. LAN Colombia believes thatthe request is reasonable and provides the same orgreater accessibility to passengers with adisability as provided underthe Air CarrierAccess Act. We remain available to respond to any questions that may arise regarding the previous. We also understandthe Department's favorable ruling on our application may be subjectto other conditions not setforth in this supplement, and we invite you to open aconversation about any such conditions at anytime. 

### Sincerely,

Pablo Chiozza VP Sales North America and the Caribbean as US GSA for LAN Colombia/';(



### ANNEX 1 CARGO HOLD DIAGRAM

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### Figure No. 

### 1. Cargo Hold Distribution This rs theAFT cargo hold portion to be used tostowlhewheelchairs

As previously stated, the wheelchairs will be located on the forward section ofthe Aft Cargo Bulk Comp No.5.



### Figure No.2. Comp 5-Cargo Bulk HoldANNEX 2 CARGO COMPARTMENT DOOR

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### Figure 3. Bulk Cargo Compartment DoorANNEX 3 CARGO HOLD DIVIDERS NET

This Bulk compartment hold comprises oftwo set of nets, one net is to divide the AFT Compt Hold (3 -4) over the 59 frame section as it is shown on the Figure 4. The second set of net is to protect the Bulk Compartment Door.

Figure 4. Cargo Diverders Net Comp 5 "Bulk"ANNEX 4 TIE-DOWN POINTS

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Figure 5. NetAttachments and Tie Down Points

REFERENCE POltJTS FOR NETATTACHMENTS AND TIE DOWN POINTS

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Figure 6. Reference Points for Sulk Cargo Hold Compartment Thefigures shown in this annex were taken as referencefrom the Wf'ight andbalance manualfortheA320 FAM applicable to LAN Colombia.ANNEX5 DEDICATED WHEELCHAIR LOCATION

Dedrcated ':tlleelctla!r IJcatio'l



### Figure 7. Dedicated wheelchair's location