October 15,2012
VIA FEDERAL EXPRESS AND E-MAIL
Samuel Podberesky Assistant General Counsel for Aviation Enforcement and Proceedings, C-70 U.S. DepartmentofTransportation 1200 NewJerseyAvenue, S.E.-Room W96-322 Washington, D.C. 20590 Re: Supplementto LAN Colombia's request for EquivalentAlternative under 14C.F.R. 

### 382.67- DotketOST 

### -2008-0272 Dear Mr. Podberesky: Aerovias de lntegracion Regional Aires S.A. d/b/a LAN Colombia {"LAN Colombia") hereby respectfully submits this supplement in supportofits April 2012 requestforan equivalent alternative determination related to priority space in the cabin tostore passengers' wheelchairs. This request is of the essence to ensure the flexibility of LAN Colombia's operations.Since our initial request for equivalent alternative determination, the companyhas received three additionaiA320s, bringing ourtotal to four (4) A320s,that we intend tooperate tothe United States and that do not have the required priority incabin space for an adult-sized wheelchair as required under §382.67. In support ofthis request, LAN Colombia hereby confirms the following: To provide a similar accessibility to passengers requesting use of the in-cabin priority space requirement for its A320 aircrafts, LAN Colombia developed a comprehensive procedure that provides an equivalentmethod of wheelchair storage. The said equivalent method involves a designated priority area in the cargo holdsof A320s in the fleet. The designated priority space will be usedfor the stowage of up to two manual folding wheelchairs. For space details, see Annexes 1-5 below. The priority space in the cargo holds of LAN Colombia's A320 aircraft (the "Wheelchair Priority Space") will provide sufficient space for the stowage of up to two wheelchairs to the first two passengers with a disability requesting the onboard stowage ofthe wheelchair. No additional items will be stored in the Wheelchair Priority Space when anywheelchair is transported. Protective bags to further protect each wheelchair in the event of movement during flight will be used, completely separating the wheelchairs from other items in the cargo hold. These bags will also protect wheelchairs from weather conditions (for example, rain} during the loading and unloading process, although LAN Colombia will in all ways use its best efforts to protect the wheelchairs from the effects ofweather. Further, and as deemed necessary, the wheelchairs and their respective protective bags will be securedwith the use oftie-downs in the priorityspace ofthe cargo hold. Legal Department 6500 NW 22"' Street Miami florida 33122 Tel: (786) 265 6091 Fax: (305) 871 8736 www.lan.comAny individuals with a disability whose wheelchairs are transported in the Wheelchair Priority Space will be informed ofthe available stowage procedures and services and given the ability to pre-board the aircraft. For a passenger that does nottake advantage ofthe opportunityto preboard, LAN Colombia will make a reasonable effort to stow the passenger's wheelchair in the priority space. Additional requests for the priority stowage of other disabled passengers' wheelchair will be considered by LAN Colombia, and a reasonable effort will be made to properly care forthe said passenger's wheelchair. LAN Colombia will offer passengers with a disability the flexibility to continue to use their wheelchairs and will return the wheelchairs to them atany reasonable location oftheirchoosing, including at the aircraft door, at the gate, or at the baggage claim area. Furthermore, irrespective of the place where the passenger requests the wheelchair to be delivered upon arrival to his/her final destination, the wheelchairs will be the first items removed from the aircraft. In the event of a delay, loss or damage ofa wheelchair, LAN Colombia will make its best efforts to promptly provide the passenger, free of charge, with a comparable device ofsimilar quality, or at the passenger's request, a reimbursement for the rental cost. The said temporary replacement and/or reimbursement will be provided in addition to any other reimbursements available to the passengers as a result of the delay, loss or damage, including to the extent required by 14 CFR 254, the original purchase price ofthewheelchair. LAN Colombia notes that the overhead compartments in the aircraft are not large enough to fit a manual folding wheelchairwith orwithoutwheels. LAN Colombia will properly train ground handling personnel and others to ensure proper service to passengers with adisabilitytraveling while traveling aboard its A320 aircraft. Since the original request for equivalent alternative in April, LAN Colombia has incorporated three additional A320 aircraft, bringing thetotal to fouraircraft that are unableto operate to the United States. We therefore appreciate the Department's expeditious consideration ofthis matter
.. LAN Colombia believes thatthe request is reasonable and provides the same orgreater accessibility to passengers with adisabilityas provided underthe Air CarrierAccess Act. We remain available to respond to any questions that may arise regarding the previous. We also understand the Department's favorable ruling on our application may be subjectto other conditions notset forth in this supplement, and we invite you to open aconversation aboutany such conditions at any time.

Pablo Chiozza VP Sales North America and the Caribbean

as US GSA for LAN ColombiaANNEX 1 CARGO HOLD DIAGRAM

FORWARD CARGO**~OLD**

(COMPAIITMEW l) AFT CARGO 1-h'lLD**{C~ARlMENi** 3 lmll4)

Figure No. 1. Cargo Hold Distribution ThisistheAfTcargohold portionto b&usedtostowthewbeekbairs

As previously stated, the wheelchairs will be located on the forward section of the Aft Cargo Bulk Comp No.5.

Figure No. 2. Comp 5-Cargo Bulk Hold

### ANNEX 2CARGO COMPARTMENT DOOR



## A-A

Figure 3. Bulk Cargo Compartment DoorANNEX 3 CARGO HOLD DIVIDERS NET

This Bulk compartment hold comprises oftwo set ofnets, one net is to divide the AFT Compt Hold (3 -4} over the 59 frame section as it is shown on the Figure 4. The second set of net is to protect the Bulk Compartment Door.

Figure 4. Cargo Diverders Net Comp 5 "Bulk"ANNEX 4 TIE-DOWN POINTS

NETATIACHMENTS AN.D TIE 00\.i'i/N. POUlTS

Figure 5. NetAttachments and Tie Down Points

REfERENCE PO'INTSfORNHAITACHMENTSANOTIE DOWN POfNTS

Figure 6. Reference Points for Bulk Cargo Hold Compartment Thefigures shown in this annexwere taken as referencefrom the weightandbalancemanual for theA320FAMapplicable to LANColombia.ANNEX 5 DEDICATED WHEELCHAIR LOCATION

Figure 7. Dedicated wheelchair locationFrom: (786) 265-6091 AnitaMeza LANAirlines Legal Department 6500 NW22 Street Miami, FL 33122 Origin 10: CTYA

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