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 17th 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, 2013
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

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

C.F.R. 382.10, for an equivalent alternative determination of 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 after 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 proportionately 
Application 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 seats 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. Diagrams 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 

demonstration. 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 mobility 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 the 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 equivalent 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 additional 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 concerning 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. Endersbee

ZUCKERT, SCOUTT & RASENBERGER, 

L.L.P.

888 17th 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