U.S. Department ofTransportation Office ofthe Secretary ofTransportation GENERAL COUNSEL DECEMBER 23. 2010 1200 NewJersey Avenue, SE Washington, DC 20590

CertifiedMail-ReturnReceiptRequested

Mr. David Heffernan WilmerHale Counsel forEmirates Airlines 1875 PennsylvaniaAvenue, NW Washington, D.C. 20006

DearMr. Heffernan: Re: Equivalent Alternative Determination Request Concerning 14 CFR 382.61

This letter concerns Emirates Airlines' (Emirates) August 24, 2010, request for an equivalent alternative determination concerning the movable aisle armrest requirement containedin 14 CFR 382.61 ofthe Department's AirCarrierAccess Act (ACAA)regulation for the business class seats in its Airbus A380 aircraft. We are granting Emirates' equivalent alternative determination request for the business class seats in its Airbus A380 aircraft subjectto the conditions discussedbelow.

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

on which passengeraisle seats have armrests are equipped with movable aisle armrests on at 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 382.61(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 ofAviation Enforcement and Proceedings (Enforcement Office) has long held that the passenger seating capacity ofan aircraft is the manufacturer's maximum designed seating capacity ofa 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, theEnforcement Office would treat the aircraft as an aircraft with apassenger seatingcapacity of 110even ifacarrier stipulates that the aircraft is to be delivered with 99 seats or takes delivery ofan aircraft with 110 seats and then removes II seats.

2 For example, if80 percent ofthe aisle seats in which passengers with mobility impairments may sit are in coach, and 20 percent are in first class, then 80percent ofthe 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 wheelchairto his orher aircraft seat.

In its equivalent alternative determination request, Emirates states that the business class seats in its Airbus A380 aircraft do not have movable aisle armrest as required by section 382.61. However, Emirates asserts that the seat pitch and amount ofentrance space in its business class seats providepassengers with amobilityimpairment sufficient space to easily transfer to and from its business class seats without having to be lifted over the fixed aisle armrest.

In addition to reviewing the information in Emirates' equivalent alternative determination request, representatives from the Department's Office of Aviation Enforcement and Proceedings (Enforcement Office) attended a demonstration at John F. Kennedy International Airport (JFK) to assess whether the business class seats in Emirates' Airbus A380 aircraft would provide substantially equivalent accessibility to passengers with disabilities, compared to having movable aisle armrests. Emirates demonstrated both a carrier-assisted and a self-assistedhorizontal transferofapersonwith amobility impairment from an aisle wheelchair to its business class seat. This demonstration showed that passengers do not have to be lifted over the aisle armrest. Based on the demonstration and information submitted by Emirates for the business class seats in its Airbus A380 aircraft, the Department is grantingEmirates' equivalent alternative determinationrequest for section 382.61 withthefollowing conditions:
(1) This approval is limitedto Emirates' Airbus A380 aircraft;
(2) This approval is limited to the business class seats in Emirates' Airbus A380 aircraft with the configuration and dimensions provided in its August 24, 2010, equivalent alternative determination request and as demonstrated at JFK to the Enforcement Office on November 23, 2010. Emirates 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. IfEmirates implements seat configuration and/or seat dimension changes without prior approval of the Department, itrisks being in violationofsection382.61;
(3) Emirates 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 business class seats in its Airbus A380 aircraft within 30 days of the date of this letter. After 30days from the date ofthis letter, any employee orcontractorassigned to transfer persons with a mobility impairment to and from the business class seats
on Emirates' Airbus A380 aircraft must receive the specialized training before performing such transfers. The specialized training must ensure training to proficiency in how to properly transfer a passenger to and from Emirates' business class seats. Such training must also cover, at a minimum: (A) the proper use ofall items needed to transfer a passenger to and from the business class seats (e.g., transfer board and slinglharness); (B) the number ofpersons needed to perform the

2transfer; (C) how to properly operate the business class seats (e.g., location and use ofcontrolbuttons); (D) thepreferred seatingpositionto performpropertransfers (the training must make clearthat although the carrierhas apreferred seating positionfor transferring passengers, the employee or contractor performing the transfer should askthepassengerhowheor she would liketobetransferred and, ifit is safeto do so, transfer the passenger as requested); and (E) how to transfer a passengerto and from thebusiness class seats in a safe and dignifiedmanner, which must include,but is not limited to, a discussion on how to properly transfer the passenger's lower body to
ensure a smoothtransfer; and
(4) Emirates must also: (A) provide the Enforcement Office with copies ofany training materials orotherdocumentation associated withthe specializedtraining requiredby paragraph (3) above within 30 days ofthe date ofthis letter; (B) provide, or ensure the provision of, annual refreshertraining for employees and contractors who will be assisting passengers with mobility impairments with transfers to and from the business class seats inits Airbus A380 aircraft; (C) retainfor three years individuals' training records demonstrating that all persons required to receive initial and refresher training have done so; and (D) within 30 days after each calendar quarter, for a period of three years, provide the Enforcement Office with copies of all complaints, ifany, regarding passenger transfers to and from its business class seats in the covered aircraft.



### Ifyou have any questions about this matter, please contactJames Fisher, ofmy staff, or me at (202) 366-9342. You may also reachus byFAXat (202) 366-7152.
Sincerely, 

# "5**~**

# z=::: ::> SamuelPodberesky Assistant General Counsel for

Aviation Enforcement and Proceedings

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