## u.s. Department ofTransportation Office ofthe Secretory ofTransportation GENERAL COUNSEL April 18, 2012 · 1200 NewJer,se¥**;w~n~. ~E**  2C\

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### Registered**Mail~**

### ReturnReceiptRequested

Mr. Paolo Drago Piazza Almerico daSchio PalazzinaRPU 00054Fiumicio (RM) Italia

DearMr. Drago: Re: Equivalent Alternative Determination RequestConcerning 14CFR 382.61

This letter concerns the November 21, 2011, request ofAlitalia-Compagnia Aerea Italiana S.p.A.. (Alitalia) for an equivalent alternative determination concerning the movable aisle armrest requirement contained in 14 CFR 382.61 of the Department's Air Carrier Access Act (ACAA) regulation for the business class seats in its Boeing 777 aircraft. The Department has already responded to Alitalia's request for an equivalent alternative determination concerning movable aisle armrests on its Airbus A330-200 aircraft, and is continuing to review the carrier's requests concernmg various other provisions ofPart 382. We are grantingAlitalia'srequest subjectto the conditions discussedbelow.

Section 382.6l(a) requires carriers to ensure that "aircraft with 30 or morepassenger seats 1

onwhich passenger aisle seats have armrests are equipped with movable aisle armrests onat least one-halfofthe aisle seats in rows in which passengers with mobility impairments are permitted to sit under FAA or applicable foreign government safety rules." Section 382.6l(c) notes that movable aisle armrests must be "provided proportionately in all classes ofservice inthe cabin."2 Furthermore, the Enforcement Officehas interpreted movable aisle armrest as meaning an armrest onan aisle seat that completely moves orfolds outofthe way

1 The Department's Office ofAviationEnforcementand Proceedings (EnforcementOffice) has long held that the passenger seating capacity of an aircraft is the manufacturer's maximum designed seating capacity of a given aircraft type. Therefore, a carrier may not avoid compliance with the aircraft accessibility requirement ofPart 382 by reducing the number of seats on an aircraft or ordering an aircraft with fewer seats than its designed seating capacity. For example, ifa manufacturer designs an aircraft type to hold a maximum of 110 passenger seats, theEnforcementOffice wouldtreatthe aircraftas an aircraft with apassenger seating capacity of110 even ifacarrierstipulates thatthe aircraft is to be delivered with 99 seats or takes delivery ofan aircraft with ll0seats and then removes 11 seats.

2 For example, if 80 percent ofthe aisle seats in which passengers with mobility impairments may sit are in coach, and20 percent are infirst class, then 80 percentofthe movable aisle armrests must be in coach, with 20 percentin firstclass.while the seatback remains in an upright position to permit a passenger with a mobility impairment to safely make an unobstructed transfer (with assistance from carrier personnel ifthe passenger's physical ability necessitates such assistance) from an aisle wheelchair to his orher aircraft seat.

In its equivalent alternative determination request, Alitalia states that it plans to modify its B777 fleet aircraft by installing new business class seats. These seats do not have movable aisle armrests as required by section 382.61. However, Alitalia asserts that the seat pitch and amount of entrance space for these business class seats provide passengers with a mobility impairment sufficient space to easily transfer horizontally to and from those seats withouthaving to belifted overthe fixed aisle armrest.

The Department has reviewed Alitalia's business class seat schematics and aircraft configurationdiagrams. The Department also reviewed Alitalia's video, which demonstrates both a carrier-assisted and a self-assisted horizontal transfer of a person with a mobility impairment from an aisle or boarding wheelchair to Alitalia's business class seats. This material shows that the passenger does not have to be lifted over the aisle armrest. Based on the information submitted by Alitalia, the Department is granting Alitalia's equivalent alternative determination request for section 382.61 for its business class seats in its Boeing 777 aircraftwiththe following conditions:

(1) This approval is limited to the business class seats in Alitalia's Boeing 777 aircraft with the configuration and dimensions provided in the carrier's November 21, 2011, equivalent alternative determination request. Alitalia must obtain the Department's prior approval for any seat configuration changes and/or seat dimension changes to be made on any aircraft that is subject to this approval. IfAlitalia implements seat configuration and/or seat dimension changes without prior approval of the Department, they riskbeinginviolation ofsection 382.61;
(2) Alitalia must provide, or ensure the provision of, specialized training to its employees aJ1d contractors, as well as the employees and contractors of any other entity that will be transferring persons with a mobility impairment to or from the business class seats in its Boeing 777 aircraft. The specialized training must ensure training to proficiency in how to properly transfer a passenger to and from Alitalia's business class seats. Such training must also cover, at a minimum: (A) the proper
use of all items needed to transfer a passenger to and from the business class seats (e.g., transferboard and sling/harness); (B) the number ofpersons needed to perform the transfer; (C) how to properly operate the business class seats (e.g., location and

use ofcontrol buttons); and (D) how to transfer a passenger to and from thebusiness class seats in a safe and dignified manner; and
(3) Alitaliamust 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; and (C) within 30days after each calendar quarter, for a period of three years, provide the Enforcement

2Office with copies of all complaints, if any, regarding passenger transfers to and from theirbusiness class seats inthe covered aircraft.

If you have any questions about this matter, please contact Michael Hallock or Kimberly Graber ofmy staff, orme, at (202) 366-9342. You may also reach us byFAX at (202) 366- 7152.

Sincerely,

# ~ Assistant General Counselfor

AviationEnforcement andProceedings



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