U.S. Department 

of Transportation 

GENERAL COUNSEL 

June 27, 2014 

1200 New Jersey Avenue. SE 

Washington. DC 20590 

Office of the Secretary 

of Transportation 

Via Email and Certified Mail- Return Receipt Requested 

Ms. Evelyn Sahr 

Counsel for Cathay Pacific Airlines 

Eckert Seamans Cherin & Mellott, LLC 

1717 Pennsylvania Avenue, NW, 12th Floor 

Washington, DC 20006 

Dear Ms. Sahr: 

:.~ ::: ... ·'•' 

Re: Cathay Pacific - Equivalent Alternative 

Determination Request - 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 of the Department's Air Carrier Access Act (ACAA) regulation 

as it applies to the first and business class seats in its Boeing 747-400 series aircraft. On 

April 1, 201 0, the Department approved a similar request regarding Cathay Pacific • s Boeing 

777-300ER first class and business class seats and its Airbus A340-300 business class seats. 

In each of our 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 calendar years. 

On November 12, 2012, Cathay Pacific asked the Departrrient to indefinitely extend its EAD 

approval for the first and business class seats in its Boeing 747-400 series aircraft. ln 

support of this request, Cathay Pacific noted that it had received no complaints regarding 

transfers from those seats during the three-year reporting period. Cathay Pacific also 

provided copies of each of its 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 respect to this request. 
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By this letter, the Department grants Cathay Pacific's November 12~ 2012, and January 30, 

2013, requests for indefmite extension of its EAD approvals, with the following conditions 

found in the Department's original approval letters: 

1. The indefinite extension approval is limited to the first and business class seats in 

its Boeing 747-400 and Boeing 777-300 ER aircraft, and the business class seats 

in its Airbus A340-300 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 on any aircraft subject to this approval. If Cathay 

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 Pacific 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 and from 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 and use 

of control buttons); and (D) how to transfer a passenger to and from the first and 

business class seats in a safe and dignified 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-transfer to and from the seat 

or, if assistance 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 of receipt, forward to the Department any 

complaints filed with the carrier regarding transfers from any of the seats that are 

the subject ofthis indefinite extension. 
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If you have any questions about this matter, please contact Robert Gorman, Kathleen Blank 

Riether, or Maegan Johnson, of my staff, at (202) 366-9342. 

Sincerely, 

Liva g Chapman, Jr. 

Chief, Aviation Civil Rights Compliance Branch