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 FOR AN 

EQUIVALENT ALTERNATIVE DETERMINATION 

Communications with respect to this document should be sent to: 

December 7, 2010 

John E. Gillick 

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: 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 FOR AN 

EQUIVALENT ALTERNATIVE DETERMINATION 

On November 2, 2010, Virgin America Inc. ("Virgin America") 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 of passenger wheelchairs and other assistive devices) of the 

Department's regulations. Virgin America hereby provides 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 of bags at multiple locations in its supply system in order to ensure that 

each station is always supplied with an adequate complement of protective bags. 

2. Virgin America also wishes to clarify that 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. 

1 
3. Virgin America is confident than wheelchairs stowed horizontally will 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 of the 

wheelchair as well as during flight. Horizontal stowage also better distributes the force of 

impacts and vibration. Up to two wheelchairs may be 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 of wheelchair damage. Virgin America has not experienced any notable 

damage to strollers placed in this portion of the hold and does not expect that the presence of 

strollers will present any additional risk of damage to wheelchairs that are bagged and firmly 

secured. 

5. Virgin America has provided a series of photographs showing a folding 

wheelchair being 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 of Section II, Paragraph b. 

("Acceptance") of the Application to read "When informed that a guest with a wheelchair desires 

to stow her wheelchair in the cabin ... " 

7. Virgin America will provide additional data and information to the Department 

upon request, and respectfully requests the Department's prompt consideration of this 

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. Supplement No. 1 

Index of Exhibits 

Prototype Storage Bag (Diagram) [revised] 

Stowage Photographs 
Exhibit VX-6 [revised] 

Prototype Storage Bag (Diagram) 
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DRAFT 
Exhibit VX -8 

Stowage Photographs 
Wheelchair folded for stowage. 
Wheelchair enclosed in protective bag. 
Floor of Bin 1-1 where wheelchairs will be stowed showing floor tie-downs. 
Wheelchair in bag, stowed horizontally, showing straps attached to floor tie-downs. 
Wheelchair in bag, stowed horizontally, showing straps attached to floor tie-downs. 
Wheelchair in bag, stowed horizontally, showing straps attached to floor tie-downs. Secured for 

flight.