U.S. Department of Transportation GENERAL COUNSEL June 27, 2014 1200 New JerseyAvenue. SE Washington. DC 20590 Office of the Secretary ofTransportation

Via Emailand Certified Mail- Return ReceiptRequested

Ms. Evelyn Sahr Counsel for Cathay Pacific Airlines Eckert Seamans Cherin & Mellott, LLC 1717 PennsylvaniaAvenue, NW, 12thFloor Washington, DC 20006

Dear Ms. Sahr:**:.~** :::

...·'•'

Re: Cathay Pacific

- EquivalentAlternative DeterminationRequest

- 14 CFR 382.61

On August 3, 2009, the Department approved Cathay Pacific's request for an equivalent alternative determination (EAD) concerning the movable aisle armrest requirement contained in 14 CFR 382.61 ofthe Department's Air CarrierAccess Act (ACAA) regulation as it applies to the first and business class seats in its Boeing 747-400 series aircraft. On April 1, 2010, the Department approved a similarrequest regarding Cathay Pacific•s Boeing 777-300ER first class and business class seats and its Airbus A340-300 business class seats.
In each ofour approval letters, we asked Cathay Pacific to provide the**Enf~Jrcement** Office with "copies of all complaints, if any, regarding passenger transfers" from the seats mentioned above. We also directed Cathay Pacific to provide reports on a quarterly basis for three calendaryears. OnNovember 12, 2012, Cathay Pacific askedthe Departrrientto indefinitely extend its EAD approval for the first and business class seats in its Boeing 747-400 series aircraft. ln support ofthis request, Cathay Pacific noted that it had received no complaints regarding transfers from those seats during the three-year reporting period. Cathay Pacific also providedcopies ofeach ofits 12 timely-filed quarterly reports. Similarly, on January 30, 2013, Cathay Pacific asked the Department to indefinitely extend its EAD approval for its Boeing 777-300ER f1rst class and business class seats and its Airbus A340-300 business class seats. Cathay Pacific noted that it had received no complaints regarding transfers from those seats during the three-year reporting period. Cathay Pacific has timely filed all necessary quarterly reports with respectto this request.-2-
By this letter, the Department grants Cathay Pacific's November**12~** 2012, and January 30, 2013, requests for indefmite extension ofits EAD approvals, with the following conditions found intheDepartment'soriginal approval letters:
1. The indefinite extension approval is limited to the first and business class seats in its Boeing747-400 and Boeing777-300 ER aircraft, and thebusiness class seats in its AirbusA340-300 aircraft with the configurations and dimensions described in its equivalent alternative determination requests. Cathay Pacific must obtain the Departmenfs prior approval for any seat configuration changes and/or seat dimension changes to be made onany aircraft subjectto this approval. IfCathay Pacific implements seat configuration and/or seat dimension changes without prior approval of the Department, then it risks being in violation of section 382.61;
2. Cathay Pacificmustprovide, orensuretheprovision of, specializedtrainingto its employees and contractors, as well as the employees and contractors ofany other entity thatwillbetransferringpersonswitha mobility impairmentto andfrom the seats described above. The specialized training must ensure training to proficiency in how to properly transfer a passenger to and from the seats described above. Each person attending the training must view the transfer technique demonstration video submitted to the Department for those seats and must be provided a copy of Cathay Pacific's Inflight Wheelchair Transfer Techniques handbook. Such training must also cover, at a minimum: (A) the proper use of all items needed to transfer a passenger to and from the seats described above (e.g., transfer board); (B) the number of persons needed to perform the transfer; (C) how to properly operate the seats (e.g., location anduse ofcontrol buttons); and (D) how to transfer a passengerto and from the first and businessclass seatsina safe anddignified manner; 3. Cathay Pacific 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; 4. For the business class seats on Cathay Pacific's Airbus A340-300 series aircraft, Cathay Pacific must either allow a passenger to self-transferto and from the seat or, ifassistance is required, use the MDB transfer method, unless the passenger requests to use another method to transfer himself or herself to and from the business class seat. 5. Cathay Pacific must, within 30 days ofreceipt, forward to the Department any complaints filed with the carrierregardingtransfers from any ofthe seats that are the subjectofthisindefinite extension.-3-

If you have any questions about this matter, please contact Robert Gorman, Kathleen Blank Riether, orMaegan Johnson, ofmy staff, at (202) 366-9342. Sincerely,

Liva g Chapman, Jr. Chief, Aviation Civil Rights Compliance Branch