BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

___________________________________________ )

Nondiscrimination on the Basis of ) Docket OST

- 2008

- 0273

Disability in Air Travel )

__________________________________________ )

APPLICATION OF AIR PACIFIC LIMITED

FOR AN EQUIVALENT ALTERNATIVE DETERMINATION

Communications with respect to this document should be sent to:

Malcolm L. Benge

David M. Endersbee

ZUCKERT, SCOUTT & RASENBERGER,

L.L.P.

888 17 t h Street, N.W.

Washington, D.C. 20036

Tel: 202

- 298

- 8660

Fax: 202

- 342

- 0683

Email: mlbenge@zsrlaw.com

dmendersbee@zsrlaw.com

Counsel for Air Pacific Limited

May 14, 2013BEFORE THE

DEPARTMENT OF TRANSPORTATION

WASHINGTON, D.C.

___________________________________________ )

Nondiscrimination on the Basis of ) Docket OST

- 2008

- 0273

Disability in Air Travel )

________________________ __________________ )

APPLICATION OF AIR PACIFIC LIMITED

FOR AN EQUIVALENT ALTERNATIVE DETERMINATION

Air Pacific Limited (“Air Pacific” or “the Company”) respectfully applies, pursuant to 14

C.F.R. 382.10, for an equivalent alternative determination o f 14 C.F.R. § 382.61 (moveable aisle

armrests). Air Pacific seeks this determination for the business class seats in its new Airbus

A330 aircraft. As Air Pacific has plans to utilize its new A330s in U.S. service as of June 1,

2013, prompt consideration of this application is respectfully requested.

In support of this application, Air Pacific states as follows:

1. Air Pacific has ordered three new Airbus A330

- 200 aircraft in a two

- class cabin

configuration. The order for these aircraft was placed aft er the effective date of the Department's

revisions to Part 382. Delivery of the first aircraft occurred in March 2013, with the second and

third aircraft to follow in May and November 2013, respectively. These A330s will replace the

Company’s Boeing 747

- 400 aircraft in U.S. services.

2. Pursuant to Section 382.21(a)(1), aircraft delivered after May 13, 2010 must have

moveable aisle armrests installed in at least half of the aisle seat armrests proportionatelyApplication of Air Pacific Limited

for an Equivalent Alternative Determination

Page 2

throughout the cabin. Air Pacific’s A330s are equipped with moveable aisle armrests in every

aisle seat in economy class. 1 The business class seats are Weber Model 7811 seats installed in a

six

- abreast, twin aisle configuration, in Air Pacific’s 24 seat business class cabin. Model 7811

seats are not configured to utilize movable aisle armrests. However, the pitch of Air Pacific's

business class cabin, and the design of the Weber 7811 seats, permit a safe and comfortable

lateral transfer into, or out of, the business class seats. Model 7811 seat s also feature contoured

back and bottom cushions and adjustable headrests for passenger comfort.

3. A layout of passenger arrangement (“LOPA ”) for these aircraft is attached as

Exhibit FJ

- 1. Confidential treatment is requested for this exhibit.

4. Dia grams and information concerning the standard features of these seats are

attached as Exhibit FJ

- 2. Relevant seat and business class cabin dimensions are set forth in

Exhibit FJ

- 3. These dimensions show that Air Pacific’s business class seats will permit a

comfortable, safe, and dignified means of ingress and egress from the seat for aisle wheelchairs.

Confidential treatment is requested for these exhibits. Exhibit FJ

- 4 shows photographs of these

seats in the cabin of Air Pacific's A330.

5. Air Pacific has prepared a video demonstration showing assisted and unassisted

transfers into, and out of, the Weber 7811 seats. A link to the video demonstration will be

separately provided to the Department. Confidential treatment is requested for this

demonstrat ion. The demonstration shows non

- bulkhead row transfers. The bulkhead row has

significantly more pitch.

1 The sole exception are the bulkhead row seats, which do not have movable aisle armrests.Application of Air Pacific Limited

for an Equivalent Alternative Determination

Page 3

6. Air Pacific’s business class seats meet the criteria for the grant of equivalent

alternative determinations for this requirement: “persons with mob ility impairments using aisle

and boarding wheelchairs can transfer horizontally into a given seat without being lifted over an

armrest or other obstacle.” Final Rule, Nondiscrimination on the Basis of Disability in Air

Travel, 73 Fed. Reg. 27614, 27652 ( May 13, 2008). “[I] f the seats in a given class of service . . .

can be accessed by a wheelchair user without a movable aisle armrest being provided, the carrier

may request an equivalent alternative determination.” Id.

7. Grant of this request is in t he public interest. Air Pacific’s proposed

accommodation meets the criteria set forth in the Department’s Final Rule and “provides

substantially equivalent accessibility” to the Company’s passengers

. 14 C.F.R. § 382.3. “[I] n

order to be viewed as an equ ivalent alternative, a policy, practice, accommodation, or piece of

equipment must really provide substantially equivalent accessibility to passengers with disabilities

than compliance with a provision of the rule.” 73 Fed. Reg. at 27648 (discussing 14 C. F.R. §

382.10). The video demonstrations show that transfers into and out of the Weber 7811 seats are safe,

comfortable, and dignified, and may be accomplished without lifting the passenger over the side of

the seat.

8. Air Pacific will provide additiona l data and information to the Department upon

request. Air Pacific appreciates the Department’s prompt consideration of this request.

WHEREFORE , Air Pacific Limited respectfully requests the Department grant it an

equivalent alternative determination c oncerning compliance with 14 C.F.R. § 382.61 as more

fully discussed above.Application of Air Pacific Limited

for an Equivalent Alternative Determination

Page 4

Respectfully submitted,

______________________________

May 14, 2013 Malcolm L. Benge

David M. Endersbe e

ZUCKERT, SCOUTT & RASENBERGER,

L.L.P.

888 17 th Street, N.W.

Washington, D.C. 20036

Tel: 202

- 298

- 8660

Fax: 202

- 342

- 0683

Email: mlbenge@zsrlaw.com

dmend ersbee@zsrlaw.com

Counsel for Air Pacific Limited