BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Nondiscrimination on the Basis of Disability in Air Travel; Final Rule ) ) ) Docket OST-2008-0273

SUPPLEMENT NUMBER 1 TO VIRGIN AMERICA INC. APPLICATION FORAN

EQUIVALENTALTERNATIVE DETERMINATION

Communications with respect to this document shouldbe sent to:

December 7, 2010 John E. Gillick DavidM. 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: jegillick@zsrlaw.com dmendersbee@zsrlaw.com
Counsel for Virgin America Inc.BEFORE THE DEPARTMENT OF TRANSPORTATION WASHINGTON, D.C.

Nondiscrimination on the Basis of Disability in Air Travel; Final Rule ) ) ) Docket OST-2008-0273

SUPPLEMENT NUMBER 1 TO VIRGIN AMERICA INC. APPLICATION FORAN

EQUIVALENT ALTERNATIVE DETERMINATION
On November 2, 2010, Virgin America Inc. ("VirginAmerica") filed an Application for
an Equivalent Alternative Determination (the "Application") concerning compliance with 14 C.F.R. § 382.67 (priority cabin space for passenger's folding wheelchair) and 14 C.F.R. § 382.123 (requirements for stowage ofpassengerwheelchairs and other assistive devices) ofthe Department's regulations. Virgin America herebyprovides the following information to supplement its previously-filed Application. 1. With respect to Section II, Paragraph d., Protection and Stowage, Virgin America will ensure that there are at least two protective stowage bags at each station. Virgin America will maintain a supply ofbags at multiple locations in its supply system in orderto ensure that each station is always supplied with an adequate complement ofprotective bags. 2. Virgin America also wishes to clarifythat wheelchairs stowed under its proposed equivalent alternative will be stowed horizontally. In this regard, Virgin America has included a revised Exhibit VX-6 illustrating the protective bag in a horizontal position.
13. Virgin America is confident than wheelchairs stowed horizontallywill be better protected from damage than a vertical stowage position. Horizontal stowage reduces the risk of damage from falling and tipping over during the loading, securing and unloading ofthe wheelchair as well as during flight. Horizontal stowage also better distributes the force of impacts and vibration. Up to two wheelchairs maybe stowed under this procedure. 4. Any strollers placed in Bin 1-1 will be folded and stowed in such a way as to minimize the risk ofwheelchair damage. Virgin America has not experienced anynotable damage to strollers placed in this portion ofthe hold and does not expect that the presence of strollers will present any additional risk ofdamage to wheelchairs that are bagged and firmly secured. 5. Virgin America has provided a series ofphotographs showing a folding wheelchairbeing stowed under its proposed equivalent alternative method. These photographs
are set forth in Exhibit VX-8. 6. Virgin America also wishes to revise the first sentence ofSection II, Paragraphb. ("Acceptance") ofthe Application to read "When informedthat a guest with a wheelchair desires to stowher wheelchair in the cabin
..." 7. Virgin America will provide additional data and information to the Department upon request, and respectfullyrequests the Department'sprompt consideration ofthis application.December 7, 2010 Respectfully submitted,

John E. Gillick David M. Endersbee ZUCKERT, SCOUTT & RASENBERGER,

L.L.P. 888 1 

## ih Street, N.W. Washington, D.C. 20036 Tel: 202-298-8660 Fax: 202-342-0683 Email: jegillick@zsrlaw.com dmendersbee@zsrlaw.com Counsel for Virgin America Inc.Exhibit VX -6 Exhibit VX-9 Virgin America Inc. SupplementNo. 1 Index ofExhibits
Prototype Storage Bag (Diagram) [revised] Stowage PhotographsExhibit VX-6 [revised]
Prototype Storage Bag (Diagram)

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# · =--- DRAFTExhibit VX-8
Stowage PhotographsWheelchair folded for stowage.Wheelchair enclosed in protective bag.Floor ofBin 1-1 where wheelchairs will be stowed showing floor tie-downs.Wheelchair in bag, stowed horizontally, showing straps attached to floor tie-downs.Wheelchair inbag, stowedhorizontally, showing straps attached to floor tie-downs.Wheelchair in bag, stowed horizontally, showing straps attached to floor tie-downs. Secured for flight.