U.S. Department 

of Transportation 

Office of the Secretary 

of Transportation 

GENERAL COUNSEL 

DECEMBER 3. 2010 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Certified Mail-Return Receipt Requested 

Ms. Susan Gotbetter 

Counsel for Air New Zealand 

Fulbright & Jaworski L.L.P. 

666 Fifth A venue, 31 sl Floor 

New York, New York 10103 

Dear Ms. Gotbetter: 

Re: Equivalent Alternative Determination 

Request Concerning 14 CFR 382.61 

This letter concerns Air New Zealand Limited's (Air New Zealand) March 4, 2010, request 

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 premium economy and business premier seats in its Boeing 777-

300 and 777-200 aircraft. We are granting Air New Zealand's equivalent alternative 

determination request for the premium economy and business premier seats in its Boeing 

777-300 and 777-200 aircraft subject to the conditions discussed below. 

Section 382.61(a) requires carriers to ensure that "aircraft with 30 or more passenger seats' 

on which passenger aisle seats have armrests are equipped with movable aisle armrests on at 

least one-half of the aisle seats in rows in which passengers with mobility impairments are 

permitted to sit under FAA or applicable foreign government safety rules." Section 

382.61(c) notes that movable aisle armrests must be "provided proportionately in all classes 

of service in the cabin.,,2 Furthermore, the Enforcement Office has interpreted movable 

aisle armrest as meaning an armrest on an aisle seat that completely moves or folds out of 

the way 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 

I The Department's Office of Aviation Enforcement and Proceedings ("Enforcement Office") 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 

of Part 382 by reducing the number of seats on an aircraft or ordering an aircraft with fewer seats than its 

designed seating capacity. For example, if a manufacturer designs an aircraft type to hold a maximum of 110 

passenger seats, the Enforcement Office would treat the aircraft as an aircraft with a passenger seating capacity 

of 110 even if a carrier stipulates that the aircraft is to be delivered with 99 seats or takes delivery of an aircraft 

. with 110 seats and then removes II seats. 

2 For example, if 80 percent of the aisle seats in which passengers with mobility impairments may sit are in 

coach, and 20 percent are in first class, then 80 percent of the movable aisle armrests must be in coach, with 20 

percent in first class. 
personnel if the passenger's physical ability necessitates such assistance) from an aisle 

wheelchair to his or her aircraft seat. 

The Department has reviewed the seat and aircraft dimensions provided by Air New Zealand 

for both its Boeing 777-300 and 777-200 aircraft, as well as the videos submitted by Air 

New Zealand for the premium economy and business premier seats on its Boeing 777-300 

and 777-200 aircraft, which demonstrate both a carrier-assisted and a self-assisted horizontal 

transfer of a person with a mobility impairment from an aisle or boarding wheelchair to Air 

New Zealand's seats. These videos show that the passenger does not have to be lifted over 

the aisle armrest. Based on the information provided for the premium economy and 

business premier seats in its Boeing 777-300 and 777-200 aircraft, the Department is 

granting Air New Zealand's equivalent alternative determination request for section 382.61 

with the following conditions: 

(1) This approval is limited to Air New Zealand's Boeing 777-300 and 777-200 aircraft; 

(2) This approval is limited to Air New Zealand's premium economy and business 

premier seats in its Boeing 777-300 and 777-200 aircraft with the configuration and 

dimensions provided in its March 4, 2010, equivalent alternative determination 

request. Air New Zealand must obtain the Department's prior approval for any seat 

configuration changes and/or seat dimension changes to be made on any aircraft 

subject to this approval. If Air New Zealand implements seat configuration and/or 

seat dimension changes without prior approval of the Department, it risks being in 

violation of section 382.61; 

(3) Air New Zealand must provide, or ensure the provision of, specialized training to its 

employees and contractors, as well as the employees and contractors of any other 

entity that will be transferring persons with a mobility impairment to and from the 

premium economy and business premier seats in its Boeing 777-300 and 777-200 

aircraft before the aircraft enters service for Air New Zealand or, if the aircraft has 

already entered service for Air New Zealand, within 30 days of the date of this letter, 

whichever occurs later. The specialized training must ensure training to proficiency 

in how to properly transfer a passenger to and from Air New Zealand's premium 

economy and business premier 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 

premium economy and business premier seats (e.g., transfer board); (B) the number 

of persons needed to perform the transfer; (C) how to properly operate the premium 

economy and business premier seats (e.g., location and use of control buttons); and 

(D) how to transfer a passenger to and from the premium economy and business 

premier seats in a safe and dignified manner; and 

(4) Air New Zealand must also: (A) provide, or ensure the prOVISIOn of, annual 

refresher training for employees and contractors who will be assisting passengers 

with mobility impairments with transfers to and from the premium economy and 

business premier seats in its Boeing 777-300 and 777-200 aircraft; (B) retain for 

three years individuals' training records demonstrating that all persons required to 

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receive initial and refresher training have done so; and (C) within '30 days after each 

calendar quarter, for a period of three years, provide the Enforcement Office with 

copies of all complaints, if any, regarding passenger transfers to and from its 

premium economy and business premier seats in the covered aircraft. The first 

calendar quarter report which should cover complaints received from the date of this 

letter to March 31, 2011, will be due on April 30, 2011. 

If you have any questions about this matter, please contact James Fisher, of my staff, or me 

at (202) 366-9342. You may also reach us by FAX at (202) 366-7152. 

Sincerely, 

~y 

-

Assistant General Counsel for 

A viation Enforcement and Proceedings 

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